By: Solomons (Senate Sponsor - Nelson) H.B. No. 2541
(In the Senate - Received from the House April 20, 2011;
April 26, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 20, 2011, reported
favorably by the following vote: Yeas 9, Nays 0; May 20, 2011,
sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of traffic on certain roads by counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 542, Transportation Code,
is amended by adding Section 542.0081 to read as follows:
Sec. 542.0081. TRAFFIC REGULATIONS: SPECIAL DISTRICT IN
CERTAIN COUNTIES. (a) This section applies only to a road owned or
maintained by a special district that is located in the
unincorporated area of a county with a population of less than one
million.
(b) The residents of all or any portion of a special
district may file a petition with the commissioners court of the
county in which the roads are located requesting that county
enforcement of traffic rules on county roads be extended to the
roads of the district. The petition must:
(1) specify the roads over which county enforcement is
sought;
(2) specify the traffic rules for which county
enforcement is sought; and
(3) be signed by 50 percent of the property owners
residing in the area that is served by the roads of the district
over which county enforcement is sought.
(c) If the commissioners court finds that granting the
request is in the interest of the county generally, the
commissioners court shall by order extend the enforcement of
traffic rules by the county to the roads of the district specified
in the petition. The order may grant enforcement of some or all
traffic rules requested in the petition.
(d) As a condition of extending a traffic rule under
Subsection (c), the commissioners court may require the special
district to pay for all or a part of the costs of extending
enforcement to the roads of the district. The commissioners court
shall consult with the sheriff to determine the cost of extending
enforcement.
(e) On issuance of an order under this section, the roads
specified in the order are considered to be county roads for the
purposes of the application and enforcement of the specified
traffic rules. The commissioners court may place official traffic
control devices on the right-of-way of the roads of the district if
those devices relate to the specified traffic rules.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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