HBA-NRS H.B. 1855 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1855
By: Ellis, Dan
Transportation
3/1/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, only property owners in a subdivision with a population of at
least 400 residents that is located outside a municipality may petition the
Texas Transportation Commission to have speed restrictions enforced. The
Onalaska Police Department has been requested to patrol and enforce traffic
laws by some subdivisions in San Jacinto County. However, due to
limitations in current law, the Onalaska Police Department is unable to
permit its officers to perform such patrols. House Bill 1855 allows a
subdivision of 100 residents or more to petition the Texas Transportation
Commission to have all traffic laws enforced on the subdivision's private
roads.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1855 amends the Transportation Code to authorize a majority of
the real property owners in a subdivision to petition the Texas
Transportation Commission (commission), on the approval of a county and a
municipality in which the subdivision is located, to extend the
restrictions involving the rules of the road to the private roads of the
subdivision if it has at least 100 residents and if a plat for the
subdivision has been filed in the deed records of the county. The bill
authorizes the commission to issue an order extending restrictions if the
commission finds the order is in the interests of the area residents and
the public generally.  

If the commission rejects the petition, the bill requires the commission to
hold a public hearing on the advisability of making the restrictions of the
rules of the road applicable. The bill provides that the hearing must be
held in the county where the subdivision is located and requires the
commission to publish notice of the hearing in a newspaper of general
circulation in that county at least 10 days before the date of the hearing.
At the hearing, if the commission finds that it would be in the best
interests of the area residents and the public generally, the bill requires
the commission to issue an order extending the restrictions to the
designated private roads.  

The bill sets forth that after the commission issues an order, the
designated private roads are public highways for purposes of the
restrictions. The commission is required to place any necessary traffic
control devices on property abutting the private road with the consent of
the owner of the property. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.