Texas 2011 - 82nd Regular

Texas Senate Bill SB513 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Ellis, et al. S.B. No. 513
2	2	(In the Senate - Filed February 3, 2011; February 17, 2011,
3	3	read first time and referred to Committee on Transportation and
4	4	Homeland Security; May 16, 2011, reported adversely, with
5	5	favorable Committee Substitute by the following vote: Yeas 5,
6	6	Nays 4; May 16, 2011, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 513 By: Ellis
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the accommodation of pedestrians, bicyclists, persons
13	13	with disabilities, children, senior citizens, users of public
14	14	transportation, movers of commercial goods, and motorists on
15	15	streets and highways.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. (a) The Texas Department of Transportation
18	18	shall consider the needs of motorists, public transportation
19	19	vehicles, users of public transportation, bicyclists, and
20	20	pedestrians of all ages and abilities in all transportation
21	21	planning, design, construction, reconstruction, retrofitting,
22	22	operations, and maintenance.
23	23	(b) The Texas Department of Transportation shall:
24	24	(1) view all transportation improvements as
25	25	opportunities to improve safety, access, air quality, and mobility
26	26	for all travelers in Texas; and
27	27	(2) recognize that bicycle, pedestrian, and transit
28	28	modes are integral elements of the transportation system.
29	29	SECTION 2. Subchapter H, Chapter 201, Transportation Code,
30	30	is amended by adding Section 201.622 to read as follows:
31	31	Sec. 201.622. COMPLETE STREETS POLICY. (a) In this
32	32	section:
33	33	(1) "Complete streets policy" means a written policy
34	34	that:
35	35	(A) provides guidelines for addressing the
36	36	safety, accessibility, and mobility of users of streets and
37	37	highways, including pedestrians, bicyclists, persons with
38	38	disabilities, children, senior citizens, users of public
39	39	transportation, movers of commercial goods, and motorists, in the
40	40	planning, design, construction, and maintenance of streets and
41	41	highways; and
42	42	(B) recognizes that the needs of users of streets
43	43	and highways vary according to the urban, rural, or suburban
44	44	context.
45	45	(2) "Local authority" means a county, municipality, or
46	46	other local entity authorized to plan, design, construct, and
47	47	maintain streets and highways.
48	48	(b) The commission shall adopt a complete streets policy.
49	49	(c) The commission, in adopting a complete streets policy
50	50	under Subsection (b), shall consider best practices and guidance
51	51	from:
52	52	(1) the United States Department of Transportation
53	53	Federal Highway Administration;
54	54	(2) the American Association of State Highway and
55	55	Transportation Officials;
56	56	(3) the National Association of City Transportation
57	57	Officials;
58	58	(4) the Texas Manual on Uniform Traffic Control
59	59	Devices;
60	60	(5) the Americans with Disabilities Act Accessibility
61	61	Guidelines;
62	62	(6) the Public Rights-of-Way Accessibility
63	63	Guidelines; and
64	64	(7) the recommended practice titled "Designing
65	65	Walkable Urban Thoroughfares: A Context Sensitive Approach,"
66	66	issued by the Institute of Transportation Engineers.
67	67	(d) The commission shall ensure that the following comply
68	68	with the complete streets policy:
69	69	(1) transportation planning, design, construction,
70	70	and reconstruction; and
71	71	(2) improvements to streets, highways, and other
72	72	projects that fall under the commission's jurisdiction.
73	73	(e) A local authority shall ensure that all transportation
74	74	planning, design, construction, and reconstruction, street or
75	75	highway improvements, and access roads, bicycle paths, and
76	76	sidewalks to public transportation comply with the complete streets
77	77	policy if federal or state funds are used.
78	78	(f) To the extent consistent with federal law, a
79	79	metropolitan planning organization shall ensure that any
80	80	transportation improvement plan complies with the complete streets
81	81	policy.
82	82	(g) This section does not apply to a transportation project
83	83	if:
84	84	(1) use of a particular street or highway by
85	85	bicyclists or pedestrians is prohibited by law, including within
86	86	interstate highway corridors;
87	87	(2) the cost to comply with the complete streets
88	88	policy would be excessively disproportionate to the present or
89	89	future need or probable use of the particular street or highway; or
90	90	(3) a sparseness of population indicates an absence of
91	91	future need.
92	92	(h) An exemption under Subsection (g) must be:
93	93	(1) approved by the department or local authority, as
94	94	appropriate; and
95	95	(2) supported by publicly available documentation.
96	96	(i) The department or local authority, as appropriate,
97	97	shall certify that each transportation project complies with the
98	98	complete streets policy in all aspects of project development. No
99	99	additional certification is required unless the scope of the
100	100	transportation project changes.
101	101	SECTION 3. The Texas Transportation Commission shall
102	102	publish a best practices report not later than July 1, 2014. The
103	103	report must describe how the Texas Department of Transportation,
104	104	local authorities, and metropolitan planning organizations have
105	105	changed their procedures to implement the complete streets policy
106	106	required under Section 201.622, Transportation Code, as added by
107	107	this Act. The commission shall include a list of transportation
108	108	projects exempted under Subsection (g), Section 201.622,
109	109	Transportation Code, as added by this Act, in the best practices
110	110	report. The commission, in publishing a best practices report
111	111	under this section, shall consider:
112	112	(1) procedures for identifying the needs of users of
113	113	all ages and abilities;
114	114	(2) the types and designs of facilities needed to
115	115	serve the needs of users described by Subdivision (1) of this
116	116	section;
117	117	(3) measures of effectiveness that document the
118	118	results of implementing Section 201.622, Transportation Code, as
119	119	added by this Act, on transportation projects under the
120	120	commission's jurisdiction; and
121	121	(4) procedures for identifying and overcoming
122	122	barriers to implementing the complete streets policy required under
123	123	Section 201.622, Transportation Code, as added by this Act.
124	124	SECTION 4. Section 201.622, Transportation Code, as added
125	125	by this Act, does not apply to a roadway project if a draft
126	126	environmental impact statement, environmental assessment, or
127	127	environmental reevaluation for the roadway project is submitted to
128	128	the regulatory agency in accordance with the National Environmental
129	129	Policy Act before September 1, 2011.
130	130	SECTION 5. This Act takes effect September 1, 2011.
131	131	* * * * *