Texas 2025 - 89th Regular

Texas House Bill HB4348 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Capriglione H.B. No. 4348
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to a prohibition on certain roadway projects and to the
7	9		distribution of affordable housing funds to local governmental
8	10		entities that violate that prohibition.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 311.001(a), Transportation Code, is
11	13		amended to read as follows:
12	14		(a) A home-rule municipality has delegated [exclusive]
13	15		control over and under the public highways, streets, and alleys of
14	16		the municipality.
15	17		SECTION 2. Section 311.007, Transportation Code, is amended
16	18		to read as follows:
17	19		Sec. 311.007. CLOSING OF STREET OR ALLEY BY HOME-RULE
18	20		MUNICIPALITY. (a) A home-rule municipality may vacate, abandon,
19	21		or close a street or alley only if the governing body of the
20	22		municipality:
21	23		(1) holds a hearing to solicit and consider public
22	24		comment on the proposed vacation, abandonment, or closure;
23	25		(2) submits to the commission a request for approval
24	26		of the proposed vacation, abandonment, or closure in the form of a
25	27		petition that:
26	28		(A) provides details of the vacation,
27	29		abandonment, or closure requested by the municipality;
28	30		(B) reviews and summarizes the comments from the
29	31		hearing; and
30	32		(C) demonstrates that the vacation, abandonment,
31	33		or closure would not increase vehicular congestion:
32	34		(i) in the municipality;
33	35		(ii) in any county in which the
34	36		municipality is located; or
35	37		(iii) on the state highway system;
36	38		(3) receives commission approval of the vacation,
37	39		abandonment, or closure requested in the petition submitted under
38	40		Subdivision (2); and
39	41		(4) receives approval of two-thirds of the
40	42		municipality's voters for the vacation, abandonment, or closure at
41	43		an election held for that purpose on a uniform election date.
42	44		(b) Not later than 30 days before the date of a hearing
43	45		required under Subsection (a)(1), the governing body of the
44	46		municipality holding the hearing shall provide notice of the
45	47		hearing to all residents who reside within a five-mile radius of the
46	48		street or alley that is the subject of the hearing.
47	49		SECTION 3. Chapter 472, Transportation Code, is amended by
48	50		adding Subchapter E to read as follows:
49	51		SUBCHAPTER E. CERTAIN ROADWAY PROJECTS PROHIBITED
50	52		Sec. 472.051. DEFINITION. In this subchapter, "roadway"
51	53		means a road that has at least two clearly marked lanes for
52	54		vehicular travel.
53	55		Sec. 472.052. APPLICABILITY. This subchapter applies only
54	56		to a roadway project that:
55	57		(1) reallocates existing vehicular roadway space,
56	58		including a turn lane, to another use, including a bike lane,
57	59		restricted lane as defined by Section 224.151, bus or transit lane,
58	60		sidewalk, pedestrian refuge island, transit stop, or parking space;
59	61		or
60	62		(2) narrows existing marked lanes on a roadway to
61	63		reallocate roadway space for a use other than the creation of an
62	64		additional vehicular, general purpose traffic lane.
63	65		Sec. 472.053. CERTAIN ROADWAY PROJECTS PROHIBITED. A local
64	66		governmental entity may not implement a roadway project described
65	67		by Section 472.052 on a roadway maintained by the entity.
66	68		Sec. 472.054. NOTICE REQUIRED FOR ROADWAY PROJECTS. A
67	69		local governmental entity implementing a roadway project shall
68	70		include the department's telephone number and Internet website
69	71		address in all public materials and communications about the
70	72		project to allow a member of the public to submit a complaint
71	73		regarding the project to the department.
72	74		Sec. 472.055. INVESTIGATION BY DEPARTMENT. (a) If the
73	75		department receives a complaint or otherwise is informed that a
74	76		local governmental entity has implemented or plans to implement a
75	77		roadway project described by Section 472.052, the department shall
76	78		investigate whether the roadway project violates Section 472.053.
77	79		(b) The department shall report the results of an
78	80		investigation under Subsection (a) to:
79	81		(1) the local governmental entity implementing the
80	82		roadway project that is the subject of the investigation; and
81	83		(2) the commission.
82	84		Sec. 472.056. ACTION BY COMMISSION. If the commission
83	85		finds, based on the results of an investigation under Section
84	86		472.055, that a roadway project of a local governmental entity
85	87		violates Section 472.053, the commission shall deliver notice of
86	88		the violation to:
87	89		(1) the local governmental entity implementing the
88	90		roadway project that is the subject of the violation; and
89	91		(2) the Texas Department of Housing and Community
90	92		Affairs.
91	93		Sec. 472.057. APPEAL OF COMMISSION DETERMINATION. (a) Not
92	94		later than the 30th day after the date a local governmental entity
93	95		receives notice under Section 472.056 that a roadway project of the
94	96		entity violates Section 472.053, the entity may contest the
95	97		determination by filing an appeal with the department.
96	98		(b) Not later than the 30th day after the date an appeal is
97	99		filed with the department under Subsection (a), the department
98	100		shall review the findings of the department's investigation under
99	101		Section 472.055 and report the results of the review to the
100	102		commission.
101	103		(c) Not later than the 30th day after the date the
102	104		commission receives the results of the department's review under
103	105		Subsection (b), the commission shall determine whether the roadway
104	106		project violates Section 472.053.
105	107		(d) The commission shall deliver notice of the commission's
106	108		determination to:
107	109		(1) the local governmental entity that filed the
108	110		appeal; and
109	111		(2) the Texas Department of Housing and Community
110	112		Affairs.
111	113		(e) If the commission determines that the roadway project
112	114		violates Section 472.053, the notice must include recommendations
113	115		for implementing the roadway project in a manner that will not
114	116		violate Section 472.053.
115	117		SECTION 4. Section 2306.111, Government Code, is amended by
116	118		adding Subsection (k) to read as follows:
117	119		(k) The department may not provide financial assistance to a
118	120		local governmental entity if the Texas Transportation Commission
119	121		notifies the department under Section 472.056(2), Transportation
120	122		Code, that a roadway project of the entity violates Section
121	123		472.053, Transportation Code. A prohibition on financial
122	124		assistance to a local governmental entity under this subsection is
123	125		effective until the earlier of:
124	126		(1) the end of the local governmental entity's fiscal
125	127		year following the fiscal year during which the department receives
126	128		notice under Section 472.056(2), Transportation Code; or
127	129		(2) the date the department receives notification from
128	130		the commission under Section 472.057(d), Transportation Code, that
129	131		the entity has successfully appealed the commission's initial
130	132		determination of a violation of Section 472.053, Transportation
131	133		Code.
132	134		SECTION 5. Section 311.001(c), Transportation Code, is
133	135		repealed.
134	136		SECTION 6. This Act takes effect immediately if it receives
135	137		a vote of two-thirds of all the members elected to each house, as
136	138		provided by Section 39, Article III, Texas Constitution. If this
137	139		Act does not receive the vote necessary for immediate effect, this
138	140		Act takes effect September 1, 2025.