81R32195 E
By: King of Parker H.B. No. 3403
Substitute the following for H.B. No. 3403:
By: Davis of Dallas C.S.H.B. No. 3403
A BILL TO BE ENTITLED
AN ACT
relating to the operation of certain commercial motor vehicles in
certain residential subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.428 to read as follows:
Sec. 545.428. OPERATION OF CERTAIN COMMERCIAL MOTOR
VEHICLES IN RESIDENTIAL SUBDIVISION. (a) In this section:
(1) "Commercial motor vehicle" means:
(A) a commercial motor vehicle, as defined by
Section 522.003, regardless of whether the vehicle is being
operated for a commercial purpose; or
(B) a road tractor, truck tractor, pole trailer,
or semitrailer.
(2) "Residential subdivision" means a subdivision in
the corporate limits of a municipality or the unincorporated area
of a county:
(A) for which a plat is recorded in the county
real property records; and
(B) in which the majority of lots are subject to a
deed restriction limiting the lots to residential use.
(b) This section applies only to a county in which a part of
the Barnett Shale natural gas field is known to be located.
(c) A person may not operate a commercial motor vehicle on a
highway or street:
(1) that is located in a residential subdivision;
(2) that is maintained by the municipality or county,
as applicable; and
(3) for which signs are posted under Subsection (f).
(d) It is an exception to the application of Subsection (c)
that the commercial motor vehicle being operated was at the time:
(1) transporting persons or property to or from the
residential subdivision or performing work in the subdivision;
(2) owned or leased by a commercial establishment
located in the residential subdivision and operated in connection
with that establishment;
(3) owned or leased by a person who owns or occupies a
residence in the subdivision and operated by that person; or
(4) accessing an oil or gas well that had no other
alternative means of access but through the subdivision.
(e) The residents of a residential subdivision may
petition, as applicable, the governing body of the municipality or
the commissioners court of the county in which the subdivision is
located for the posting of signs prohibiting the operation of a
commercial motor vehicle in the subdivision. The petition must be
signed by at least 25 percent of the owners or occupants of
residences in the subdivision. Not more than one person for each
residence may sign the petition, and each person signing must be at
least 18 years of age. Promptly after the filing of a valid
petition, subject to Subsection (g), the governing body or the
commissioners court, as applicable, shall order that the signs be
posted.
(f) A sign required by this section must:
(1) be posted at each entrance of the subdivision
through which a commercial motor vehicle may enter the subdivision
or in the subdivision if there is not a defined entrance to the
subdivision; and
(2) state, in letters at least two inches in height,
that operation of a commercial motor vehicle is prohibited in the
subdivision.
(g) The governing body of a municipality or the
commissioners court of a county that receives a petition under
Subsection (e) may condition the posting of the signs on payment by
the residents of the residential subdivision of the cost of
providing the signs.
(h) For purposes of this section, contiguous subdivisions
that are developed by the same entity or a successor to that entity
and that are given the same public name or a variation of the same
public name are considered to be one subdivision. Separation of one
such subdivision from another by a highway or street, stream,
greenbelt, or similar barrier does not make the subdivisions
noncontiguous.
SECTION 2. This Act takes effect September 1, 2009.