Texas 2011 - 82nd Regular

Texas House Bill HB1105 Compare Versions

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Old	New	Differences
1	1	82R23185 NAJ-D
2	2	By: Harper-Brown, Keffer, Rodriguez, H.B. No. 1105
3	3	Morrison, McClendon, et al.
4	4	Substitute the following for H.B. No. 1105:
5	5	By: Rodriguez C.S.H.B. No. 1105
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the accommodation of pedestrians, bicyclists, persons
11	11	with disabilities, children, senior citizens, users of public
12	12	transportation, movers of commercial goods, and motorists on
13	13	streets and highways.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. (a) The Texas Department of Transportation
16	16	shall consider the needs of motorists, public transportation
17	17	vehicles, users of public transportation, bicyclists, and
18	18	pedestrians of all ages and abilities in all transportation
19	19	planning, design, construction, reconstruction, retrofitting,
20	20	operations, and maintenance.
21	21	(b) The Texas Department of Transportation shall:
22	22	(1) view all transportation improvements as
23	23	opportunities to improve safety, access, air quality, and mobility
24	24	for all travelers in Texas; and
25	25	(2) recognize that bicycle, pedestrian, and transit
26	26	modes are integral elements of the transportation system.
27	27	SECTION 2. Subchapter H, Chapter 201, Transportation Code,
28	28	is amended by adding Section 201.622 to read as follows:
29	29	Sec. 201.622. COMPLETE STREETS POLICY. (a) In this
30	30	section:
31	31	(1) "Complete streets policy" means a written policy
32	32	that:
33	33	(A) provides guidelines for addressing the
34	34	safety, accessibility, and mobility of users of streets and
35	35	highways, including pedestrians, bicyclists, persons with
36	36	disabilities, children, senior citizens, users of public
37	37	transportation, movers of commercial goods, and motorists, in the
38	38	planning, design, construction, and maintenance of streets and
39	39	highways; and
40	40	(B) recognizes that the needs of users of streets
41	41	and highways vary according to the urban, rural, or suburban
42	42	context.
43	43	(2) "Local authority" means a county, municipality, or
44	44	other local entity authorized to plan, design, construct, and
45	45	maintain streets and highways.
46	46	(b) The commission shall adopt a complete streets policy.
47	47	(c) The commission, in adopting a complete streets policy
48	48	under Subsection (b), shall consider best practices and guidance
49	49	from:
50	50	(1) the United States Department of Transportation
51	51	Federal Highway Administration;
52	52	(2) the American Association of State Highway and
53	53	Transportation Officials;
54	54	(3) the National Association of City Transportation
55	55	Officials;
56	56	(4) the Texas Manual on Uniform Traffic Control
57	57	Devices;
58	58	(5) the Americans with Disabilities Act Accessibility
59	59	Guidelines;
60	60	(6) the Public Rights-of-Way Accessibility
61	61	Guidelines; and
62	62	(7) the recommended practice titled "Designing
63	63	Walkable Urban Thoroughfares: A Context Sensitive Approach,"
64	64	issued by the Institute of Transportation Engineers.
65	65	(d) The commission shall ensure that the following comply
66	66	with the complete streets policy:
67	67	(1) transportation planning, design, construction,
68	68	and reconstruction; and
69	69	(2) improvements to streets, highways, and other
70	70	projects that fall under the commission's jurisdiction.
71	71	(e) A local authority shall ensure that all transportation
72	72	planning, design, construction, and reconstruction, street or
73	73	highway improvements, and access roads, bicycle paths, and
74	74	sidewalks to public transportation comply with the complete streets
75	75	policy if federal or state funds are used.
76	76	(f) To the extent consistent with federal law, a
77	77	metropolitan planning organization shall ensure that any
78	78	transportation improvement plan complies with the complete streets
79	79	policy.
80	80	(g) This section does not apply to a transportation project
81	81	if:
82	82	(1) use of a particular street or highway by
83	83	bicyclists or pedestrians is prohibited by law, including within
84	84	interstate highway corridors;
85	85	(2) the cost to comply with the complete streets
86	86	policy would be excessively disproportionate to the present or
87	87	future need or probable use of the particular street or highway; or
88	88	(3) a sparseness of population indicates an absence of
89	89	future need.
90	90	(h) An exemption under Subsection (g) must be:
91	91	(1) approved by the department or local authority, as
92	92	appropriate; and
93	93	(2) supported by publicly available documentation.
94	94	(i) The department or local authority, as appropriate,
95	95	shall certify that each transportation project complies with the
96	96	complete streets policy in all aspects of project development. No
97	97	additional certification is required unless the scope of the
98	98	transportation project changes.
99	99	SECTION 3. The Texas Transportation Commission shall
100	100	publish a best practices report not later than July 1, 2014. The
101	101	report must describe how the Texas Department of Transportation,
102	102	local authorities, and metropolitan planning organizations have
103	103	changed their procedures to implement the complete streets policy
104	104	required under Section 201.622, Transportation Code, as added by
105	105	this Act. The commission shall include a list of transportation
106	106	projects exempted under Section 201.622(g), Transportation Code,
107	107	as added by this Act, in the best practices report. The commission,
108	108	in publishing a best practices report under this section, shall
109	109	consider:
110	110	(1) procedures for identifying the needs of users of
111	111	all ages and abilities;
112	112	(2) the types and designs of facilities needed to
113	113	serve the needs of users described by Subdivision (1) of this
114	114	section;
115	115	(3) measures of effectiveness that document the
116	116	results of implementing Section 201.622, Transportation Code, as
117	117	added by this Act, on transportation projects under the
118	118	commission's jurisdiction; and
119	119	(4) procedures for identifying and overcoming
120	120	barriers to implementing the complete streets policy required under
121	121	Section 201.622, Transportation Code, as added by this Act.
122	122	SECTION 4. Section 201.622, Transportation Code, as added
123	123	by this Act, does not apply to a roadway project if a draft
124	124	Environmental Impact Statement, Environmental Assessment, or
125	125	Environmental Reevaluation for the roadway project is submitted to
126	126	the regulatory agency in accordance with the National Environmental
127	127	Policy Act before September 1, 2011.
128	128	SECTION 5. This Act takes effect September 1, 2011.