HBA-NRS S.B. 217 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 217
By: Fraser
Transportation
3/22/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, privately owned roads within a subdivision located in a
municipality are usually not subject to the traffic laws of that
municipality. Senate Bill 217 allows a governing body of a municipality to
extend traffic rules, on request, to privately owned roads located within
the municipality, and allows the municipality to pass the cost of the
extension and enforcement of the traffic rules on to the owners of property
within the subdivision. 

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

Senate Bill 217 amends the Transportation Code to authorize the governing
body of a municipality with a population of 300 or more, on petition of 25
percent of the property owners residing in a subdivision or on the request
of the governing body of the entity that maintains the roads, to extend by
ordinance any or all traffic rules that apply to a road owned by the
municipality, or by the county in which the municipality is located, to the
roads in the subdivision which are privately owned or maintained so that
the roads of the subdivision are under the same traffic rules. The bill
authorizes the governing body of the municipality to require owners of
property in the subdivision to pay all or part of the cost of extending and
enforcing the traffic rules in the subdivision and requires the governing
body of the municipality to consult with the appropriate law enforcement
entity to determine the cost of enforcing such rules. On issuance of an
order, the bill establishes that the private roads in the subdivision are
considered to be public highways or streets for purposes of the application
and enforcement of the specified traffic rules. The bill authorizes the
governing body of the municipality to place traffic control devices on
property abutting the private roads, under certain conditions. A petition
must specify the traffic rules that are sought to be extended.  

EFFECTIVE DATE

September 1, 2001.