| 1 | 1 | | 81R32195 E |
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| 2 | 2 | | By: King of Parker H.B. No. 3403 |
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| 3 | 3 | | Substitute the following for H.B. No. 3403: |
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| 4 | 4 | | By: Davis of Dallas C.S.H.B. No. 3403 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the operation of certain commercial motor vehicles in |
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| 10 | 10 | | certain residential subdivisions. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter I, Chapter 545, Transportation Code, |
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| 13 | 13 | | is amended by adding Section 545.428 to read as follows: |
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| 14 | 14 | | Sec. 545.428. OPERATION OF CERTAIN COMMERCIAL MOTOR |
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| 15 | 15 | | VEHICLES IN RESIDENTIAL SUBDIVISION. (a) In this section: |
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| 16 | 16 | | (1) "Commercial motor vehicle" means: |
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| 17 | 17 | | (A) a commercial motor vehicle, as defined by |
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| 18 | 18 | | Section 522.003, regardless of whether the vehicle is being |
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| 19 | 19 | | operated for a commercial purpose; or |
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| 20 | 20 | | (B) a road tractor, truck tractor, pole trailer, |
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| 21 | 21 | | or semitrailer. |
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| 22 | 22 | | (2) "Residential subdivision" means a subdivision in |
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| 23 | 23 | | the corporate limits of a municipality or the unincorporated area |
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| 24 | 24 | | of a county: |
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| 25 | 25 | | (A) for which a plat is recorded in the county |
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| 26 | 26 | | real property records; and |
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| 27 | 27 | | (B) in which the majority of lots are subject to a |
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| 28 | 28 | | deed restriction limiting the lots to residential use. |
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| 29 | 29 | | (b) This section applies only to a county in which a part of |
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| 30 | 30 | | the Barnett Shale natural gas field is known to be located. |
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| 31 | 31 | | (c) A person may not operate a commercial motor vehicle on a |
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| 32 | 32 | | highway or street: |
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| 33 | 33 | | (1) that is located in a residential subdivision; |
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| 34 | 34 | | (2) that is maintained by the municipality or county, |
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| 35 | 35 | | as applicable; and |
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| 36 | 36 | | (3) for which signs are posted under Subsection (f). |
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| 37 | 37 | | (d) It is an exception to the application of Subsection (c) |
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| 38 | 38 | | that the commercial motor vehicle being operated was at the time: |
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| 39 | 39 | | (1) transporting persons or property to or from the |
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| 40 | 40 | | residential subdivision or performing work in the subdivision; |
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| 41 | 41 | | (2) owned or leased by a commercial establishment |
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| 42 | 42 | | located in the residential subdivision and operated in connection |
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| 43 | 43 | | with that establishment; |
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| 44 | 44 | | (3) owned or leased by a person who owns or occupies a |
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| 45 | 45 | | residence in the subdivision and operated by that person; or |
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| 46 | 46 | | (4) accessing an oil or gas well that had no other |
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| 47 | 47 | | alternative means of access but through the subdivision. |
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| 48 | 48 | | (e) The residents of a residential subdivision may |
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| 49 | 49 | | petition, as applicable, the governing body of the municipality or |
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| 50 | 50 | | the commissioners court of the county in which the subdivision is |
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| 51 | 51 | | located for the posting of signs prohibiting the operation of a |
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| 52 | 52 | | commercial motor vehicle in the subdivision. The petition must be |
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| 53 | 53 | | signed by at least 25 percent of the owners or occupants of |
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| 54 | 54 | | residences in the subdivision. Not more than one person for each |
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| 55 | 55 | | residence may sign the petition, and each person signing must be at |
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| 56 | 56 | | least 18 years of age. Promptly after the filing of a valid |
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| 57 | 57 | | petition, subject to Subsection (g), the governing body or the |
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| 58 | 58 | | commissioners court, as applicable, shall order that the signs be |
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| 59 | 59 | | posted. |
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| 60 | 60 | | (f) A sign required by this section must: |
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| 61 | 61 | | (1) be posted at each entrance of the subdivision |
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| 62 | 62 | | through which a commercial motor vehicle may enter the subdivision |
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| 63 | 63 | | or in the subdivision if there is not a defined entrance to the |
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| 64 | 64 | | subdivision; and |
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| 65 | 65 | | (2) state, in letters at least two inches in height, |
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| 66 | 66 | | that operation of a commercial motor vehicle is prohibited in the |
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| 67 | 67 | | subdivision. |
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| 68 | 68 | | (g) The governing body of a municipality or the |
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| 69 | 69 | | commissioners court of a county that receives a petition under |
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| 70 | 70 | | Subsection (e) may condition the posting of the signs on payment by |
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| 71 | 71 | | the residents of the residential subdivision of the cost of |
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| 72 | 72 | | providing the signs. |
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| 73 | 73 | | (h) For purposes of this section, contiguous subdivisions |
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| 74 | 74 | | that are developed by the same entity or a successor to that entity |
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| 75 | 75 | | and that are given the same public name or a variation of the same |
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| 76 | 76 | | public name are considered to be one subdivision. Separation of one |
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| 77 | 77 | | such subdivision from another by a highway or street, stream, |
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| 78 | 78 | | greenbelt, or similar barrier does not make the subdivisions |
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| 79 | 79 | | noncontiguous. |
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| 80 | 80 | | SECTION 2. This Act takes effect September 1, 2009. |
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