Texas 2023 - 88th Regular

Texas Senate Bill SB1293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3332 DRS-D
2	2	By: Hall S.B. No. 1293
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition on certain roadway projects and to the
8	8	distribution of affordable housing funds to local governmental
9	9	entities that violate that prohibition.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 472, Transportation Code, is amended by
12	12	adding Subchapter E to read as follows:
13	13	SUBCHAPTER E. CERTAIN ROADWAY PROJECTS PROHIBITED
14	14	Sec. 472.051. DEFINITION. In this subchapter, "undivided
15	15	laned roadway" means a roadway that has at least two clearly marked
16	16	lanes for vehicular travel and is not divided by a median.
17	17	Sec. 472.052. APPLICABILITY. This subchapter applies only
18	18	to a roadway project that:
19	19	(1) converts a four-lane undivided laned roadway to a
20	20	three-lane undivided laned roadway consisting of two through lanes
21	21	and a center two-way left turn lane and that reallocates roadway
22	22	space to another use, including a bike lane, pedestrian refuge
23	23	island, transit stop, or parking; or
24	24	(2) narrows existing marked lanes on an undivided
25	25	laned roadway to reallocate roadway space for a use other than the
26	26	creation of an additional traffic lane.
27	27	Sec. 472.053. CERTAIN ROADWAY PROJECTS PROHIBITED. A local
28	28	governmental entity may not implement a roadway project described
29	29	by Section 472.052 on a roadway maintained by the entity.
30	30	Sec. 472.054. NOTICE REQUIRED FOR ROADWAY PROJECTS. A
31	31	local governmental entity implementing a roadway project shall
32	32	include the department's telephone number and the department's
33	33	Internet website address in all public materials and communication
34	34	about the project for the purpose of allowing a member of the public
35	35	to submit a complaint regarding the project to the department.
36	36	Sec. 472.055. INVESTIGATION BY DEPARTMENT. (a) If the
37	37	department receives a complaint or otherwise is informed that a
38	38	local governmental entity has implemented or plans to implement a
39	39	roadway project described by Section 472.052, the department shall
40	40	investigate whether the roadway project violates Section 472.053.
41	41	(b) The department shall report the results of an
42	42	investigation under Subsection (a) to:
43	43	(1) the local governmental entity implementing the
44	44	roadway project that is the subject of the investigation; and
45	45	(2) the commission.
46	46	Sec. 472.056. ACTION BY COMMISSION. If the commission
47	47	finds, based on the results of an investigation under Section
48	48	472.055, that a roadway project of a local governmental entity
49	49	violates Section 472.053, the commission shall deliver notice of
50	50	the violation to:
51	51	(1) the local governmental entity implementing the
52	52	roadway project that is the subject of the violation; and
53	53	(2) the Texas Department of Housing and Community
54	54	Affairs.
55	55	Sec. 472.057. APPEAL OF COMMISSION DETERMINATION. (a) Not
56	56	later than the 30th day after the date a local governmental entity
57	57	receives notice under Section 472.056 that a roadway project of the
58	58	entity violates Section 472.053, the entity may contest the
59	59	determination by filing an appeal with the department.
60	60	(b) Not later than the 30th day after the date an appeal is
61	61	filed with the department under Subsection (a), the department
62	62	shall review the findings of the department's investigation under
63	63	Section 472.055 and report the results of the review to the
64	64	commission.
65	65	(c) Not later than the 30th day after the date the
66	66	commission receives the results of the department's review under
67	67	Subsection (b), the commission shall determine whether the roadway
68	68	project violates Section 472.053.
69	69	(d) The commission shall deliver notice of the commission's
70	70	determination to:
71	71	(1) the local governmental entity that filed the
72	72	appeal; and
73	73	(2) the Texas Department of Housing and Community
74	74	Affairs.
75	75	(e) If the commission determines that the roadway project
76	76	violates Section 472.053, the notice must include recommendations
77	77	for implementing the roadway project in a manner that will not
78	78	violate Section 472.053.
79	79	SECTION 2. Section 2306.111, Government Code, is amended by
80	80	adding Subsection (j) to read as follows:
81	81	(j) The department may not provide financial assistance to a
82	82	local governmental entity if the Texas Transportation Commission
83	83	notifies the department under Section 472.056(2), Transportation
84	84	Code, that a roadway project of the entity violates Section
85	85	472.053, Transportation Code. A prohibition on financial
86	86	assistance to a local governmental entity under this subsection is
87	87	in effect until the earlier of:
88	88	(1) the end of the fiscal year of the entity following
89	89	the fiscal year during which the department received notice under
90	90	Section 472.056(2), Transportation Code; or
91	91	(2) the date the department receives notification from
92	92	the commission under Section 472.057(d), Transportation Code, that
93	93	the entity has successfully appealed the commission's initial
94	94	determination of a violation of Section 472.053, Transportation
95	95	Code.
96	96	SECTION 3. This Act takes effect September 1, 2023.