88R3332 DRS-D
By: Leo-Wilson H.B. No. 3281
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on certain roadway projects and to the
distribution of affordable housing funds to local governmental
entities that violate that prohibition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 472, Transportation Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. CERTAIN ROADWAY PROJECTS PROHIBITED
Sec. 472.051. DEFINITION. In this subchapter, "undivided
laned roadway" means a roadway that has at least two clearly marked
lanes for vehicular travel and is not divided by a median.
Sec. 472.052. APPLICABILITY. This subchapter applies only
to a roadway project that:
(1) converts a four-lane undivided laned roadway to a
three-lane undivided laned roadway consisting of two through lanes
and a center two-way left turn lane and that reallocates roadway
space to another use, including a bike lane, pedestrian refuge
island, transit stop, or parking; or
(2) narrows existing marked lanes on an undivided
laned roadway to reallocate roadway space for a use other than the
creation of an additional traffic lane.
Sec. 472.053. CERTAIN ROADWAY PROJECTS PROHIBITED. A local
governmental entity may not implement a roadway project described
by Section 472.052 on a roadway maintained by the entity.
Sec. 472.054. NOTICE REQUIRED FOR ROADWAY PROJECTS. A
local governmental entity implementing a roadway project shall
include the department's telephone number and the department's
Internet website address in all public materials and communication
about the project for the purpose of allowing a member of the public
to submit a complaint regarding the project to the department.
Sec. 472.055. INVESTIGATION BY DEPARTMENT. (a) If the
department receives a complaint or otherwise is informed that a
local governmental entity has implemented or plans to implement a
roadway project described by Section 472.052, the department shall
investigate whether the roadway project violates Section 472.053.
(b) The department shall report the results of an
investigation under Subsection (a) to:
(1) the local governmental entity implementing the
roadway project that is the subject of the investigation; and
(2) the commission.
Sec. 472.056. ACTION BY COMMISSION. If the commission
finds, based on the results of an investigation under Section
472.055, that a roadway project of a local governmental entity
violates Section 472.053, the commission shall deliver notice of
the violation to:
(1) the local governmental entity implementing the
roadway project that is the subject of the violation; and
(2) the Texas Department of Housing and Community
Affairs.
Sec. 472.057. APPEAL OF COMMISSION DETERMINATION. (a) Not
later than the 30th day after the date a local governmental entity
receives notice under Section 472.056 that a roadway project of the
entity violates Section 472.053, the entity may contest the
determination by filing an appeal with the department.
(b) Not later than the 30th day after the date an appeal is
filed with the department under Subsection (a), the department
shall review the findings of the department's investigation under
Section 472.055 and report the results of the review to the
commission.
(c) Not later than the 30th day after the date the
commission receives the results of the department's review under
Subsection (b), the commission shall determine whether the roadway
project violates Section 472.053.
(d) The commission shall deliver notice of the commission's
determination to:
(1) the local governmental entity that filed the
appeal; and
(2) the Texas Department of Housing and Community
Affairs.
(e) If the commission determines that the roadway project
violates Section 472.053, the notice must include recommendations
for implementing the roadway project in a manner that will not
violate Section 472.053.
SECTION 2. Section 2306.111, Government Code, is amended by
adding Subsection (j) to read as follows:
(j) The department may not provide financial assistance to a
local governmental entity if the Texas Transportation Commission
notifies the department under Section 472.056(2), Transportation
Code, that a roadway project of the entity violates Section
472.053, Transportation Code. A prohibition on financial
assistance to a local governmental entity under this subsection is
in effect until the earlier of:
(1) the end of the fiscal year of the entity following
the fiscal year during which the department received notice under
Section 472.056(2), Transportation Code; or
(2) the date the department receives notification from
the commission under Section 472.057(d), Transportation Code, that
the entity has successfully appealed the commission's initial
determination of a violation of Section 472.053, Transportation
Code.
SECTION 3. This Act takes effect September 1, 2023.