82R23185 NAJ-D
By: Harper-Brown, Keffer, Rodriguez, H.B. No. 1105
Morrison, McClendon, et al.
Substitute the following for H.B. No. 1105:
By: Rodriguez C.S.H.B. No. 1105
A BILL TO BE ENTITLED
AN ACT
relating to the accommodation of pedestrians, bicyclists, persons
with disabilities, children, senior citizens, users of public
transportation, movers of commercial goods, and motorists on
streets and highways.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Texas Department of Transportation
shall consider the needs of motorists, public transportation
vehicles, users of public transportation, bicyclists, and
pedestrians of all ages and abilities in all transportation
planning, design, construction, reconstruction, retrofitting,
operations, and maintenance.
(b) The Texas Department of Transportation shall:
(1) view all transportation improvements as
opportunities to improve safety, access, air quality, and mobility
for all travelers in Texas; and
(2) recognize that bicycle, pedestrian, and transit
modes are integral elements of the transportation system.
SECTION 2. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Section 201.622 to read as follows:
Sec. 201.622. COMPLETE STREETS POLICY. (a) In this
section:
(1) "Complete streets policy" means a written policy
that:
(A) provides guidelines for addressing the
safety, accessibility, and mobility of users of streets and
highways, including pedestrians, bicyclists, persons with
disabilities, children, senior citizens, users of public
transportation, movers of commercial goods, and motorists, in the
planning, design, construction, and maintenance of streets and
highways; and
(B) recognizes that the needs of users of streets
and highways vary according to the urban, rural, or suburban
context.
(2) "Local authority" means a county, municipality, or
other local entity authorized to plan, design, construct, and
maintain streets and highways.
(b) The commission shall adopt a complete streets policy.
(c) The commission, in adopting a complete streets policy
under Subsection (b), shall consider best practices and guidance
from:
(1) the United States Department of Transportation
Federal Highway Administration;
(2) the American Association of State Highway and
Transportation Officials;
(3) the National Association of City Transportation
Officials;
(4) the Texas Manual on Uniform Traffic Control
Devices;
(5) the Americans with Disabilities Act Accessibility
Guidelines;
(6) the Public Rights-of-Way Accessibility
Guidelines; and
(7) the recommended practice titled "Designing
Walkable Urban Thoroughfares: A Context Sensitive Approach,"
issued by the Institute of Transportation Engineers.
(d) The commission shall ensure that the following comply
with the complete streets policy:
(1) transportation planning, design, construction,
and reconstruction; and
(2) improvements to streets, highways, and other
projects that fall under the commission's jurisdiction.
(e) A local authority shall ensure that all transportation
planning, design, construction, and reconstruction, street or
highway improvements, and access roads, bicycle paths, and
sidewalks to public transportation comply with the complete streets
policy if federal or state funds are used.
(f) To the extent consistent with federal law, a
metropolitan planning organization shall ensure that any
transportation improvement plan complies with the complete streets
policy.
(g) This section does not apply to a transportation project
if:
(1) use of a particular street or highway by
bicyclists or pedestrians is prohibited by law, including within
interstate highway corridors;
(2) the cost to comply with the complete streets
policy would be excessively disproportionate to the present or
future need or probable use of the particular street or highway; or
(3) a sparseness of population indicates an absence of
future need.
(h) An exemption under Subsection (g) must be:
(1) approved by the department or local authority, as
appropriate; and
(2) supported by publicly available documentation.
(i) The department or local authority, as appropriate,
shall certify that each transportation project complies with the
complete streets policy in all aspects of project development. No
additional certification is required unless the scope of the
transportation project changes.
SECTION 3. The Texas Transportation Commission shall
publish a best practices report not later than July 1, 2014. The
report must describe how the Texas Department of Transportation,
local authorities, and metropolitan planning organizations have
changed their procedures to implement the complete streets policy
required under Section 201.622, Transportation Code, as added by
this Act. The commission shall include a list of transportation
projects exempted under Section 201.622(g), Transportation Code,
as added by this Act, in the best practices report. The commission,
in publishing a best practices report under this section, shall
consider:
(1) procedures for identifying the needs of users of
all ages and abilities;
(2) the types and designs of facilities needed to
serve the needs of users described by Subdivision (1) of this
section;
(3) measures of effectiveness that document the
results of implementing Section 201.622, Transportation Code, as
added by this Act, on transportation projects under the
commission's jurisdiction; and
(4) procedures for identifying and overcoming
barriers to implementing the complete streets policy required under
Section 201.622, Transportation Code, as added by this Act.
SECTION 4. Section 201.622, Transportation Code, as added
by this Act, does not apply to a roadway project if a draft
Environmental Impact Statement, Environmental Assessment, or
Environmental Reevaluation for the roadway project is submitted to
the regulatory agency in accordance with the National Environmental
Policy Act before September 1, 2011.
SECTION 5. This Act takes effect September 1, 2011.