Texas 2025 - 89th Regular

Texas Senate Bill SB1770 Compare Versions

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11 89R5276 GP-F
22 By: Cook S.B. No. 1770
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the accommodation of pedestrians, bicyclists, persons
1010 with disabilities, children, senior citizens, users of public
1111 transportation, movers of commercial goods, and motorists on
1212 streets and highways.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. (a) The Texas Department of Transportation
1515 shall consider the needs of motorists, public transportation
1616 vehicles, users of public transportation, bicyclists, and
1717 pedestrians of all ages and abilities in all transportation
1818 planning, design, construction, reconstruction, retrofitting,
1919 operations, and maintenance.
2020 (b) The Texas Department of Transportation shall:
2121 (1) view all transportation improvements as
2222 opportunities to improve safety, access, air quality, and mobility
2323 for all travelers in Texas; and
2424 (2) recognize that bicycle, pedestrian, and transit
2525 modes are integral elements of the transportation system.
2626 SECTION 2. Subchapter H, Chapter 201, Transportation Code,
2727 is amended by adding Section 201.626 to read as follows:
2828 Sec. 201.626. COMPLETE STREETS POLICY. (a) In this
2929 section:
3030 (1) "Complete streets policy" means a written policy
3131 that:
3232 (A) provides guidelines for addressing the
3333 safety, accessibility, and mobility of users of streets and
3434 highways, including pedestrians, bicyclists, persons with
3535 disabilities, children, senior citizens, users of public
3636 transportation, movers of commercial goods, and motorists, in the
3737 planning, design, construction, and maintenance of streets and
3838 highways; and
3939 (B) recognizes that the needs of users of streets
4040 and highways vary according to the urban, rural, or suburban
4141 context.
4242 (2) "Local authority" means a county, municipality, or
4343 other local entity authorized to plan, design, construct, and
4444 maintain streets and highways.
4545 (b) The commission shall adopt a complete streets policy.
4646 (c) The commission, in adopting a complete streets policy
4747 under Subsection (b), shall consider best practices and guidance
4848 from:
4949 (1) the United States Department of Transportation
5050 Federal Highway Administration;
5151 (2) the American Association of State Highway and
5252 Transportation Officials;
5353 (3) the National Association of City Transportation
5454 Officials;
5555 (4) the Texas Manual on Uniform Traffic Control
5656 Devices;
5757 (5) the Americans with Disabilities Act Accessibility
5858 Guidelines;
5959 (6) the Public Rights-of-Way Accessibility
6060 Guidelines; and
6161 (7) the recommended practice titled "Designing
6262 Walkable Urban Thoroughfares: A Context Sensitive Approach,"
6363 issued by the Institute of Transportation Engineers.
6464 (d) The commission shall ensure that the following comply
6565 with the complete streets policy:
6666 (1) transportation planning, design, construction,
6767 and reconstruction; and
6868 (2) improvements to streets, highways, and other
6969 projects that fall under the commission's jurisdiction.
7070 (e) A local authority shall ensure that all transportation
7171 planning, design, construction, and reconstruction, street or
7272 highway improvements, and access roads, bicycle paths, and
7373 sidewalks to public transportation comply with the complete streets
7474 policy if federal or state funds are used.
7575 (f) To the extent consistent with federal law, a
7676 metropolitan planning organization shall ensure that any
7777 transportation improvement plan complies with the complete streets
7878 policy.
7979 (g) This section does not apply to a transportation project
8080 if:
8181 (1) use of a particular street or highway by
8282 bicyclists or pedestrians is prohibited by law, including within
8383 interstate highway corridors;
8484 (2) the cost to comply with the complete streets
8585 policy would be excessively disproportionate to the present or
8686 future need or probable use of the particular street or highway; or
8787 (3) a sparseness of population indicates an absence of
8888 future need.
8989 (h) An exemption under Subsection (g) must be:
9090 (1) approved by the department or local authority, as
9191 appropriate; and
9292 (2) supported by publicly available documentation.
9393 (i) The department or local authority, as appropriate,
9494 shall certify that each transportation project complies with the
9595 complete streets policy in all aspects of project development. No
9696 additional certification is required unless the scope of the
9797 transportation project changes.
9898 SECTION 3. The Texas Transportation Commission shall
9999 publish a best practices report not later than July 1, 2028. The
100100 report must describe how the Texas Department of Transportation,
101101 local authorities, and metropolitan planning organizations have
102102 changed their procedures to implement the complete streets policy
103103 required under Section 201.626, Transportation Code, as added by
104104 this Act. The commission shall include a list of transportation
105105 projects exempted under Section 201.626(g), Transportation Code,
106106 as added by this Act, in the best practices report. The commission,
107107 in publishing a best practices report under this section, shall
108108 consider:
109109 (1) procedures for identifying the needs of users of
110110 all ages and abilities;
111111 (2) the types and designs of facilities needed to
112112 serve the needs of users described by Subdivision (1) of this
113113 section;
114114 (3) measures of effectiveness that document the
115115 results of implementing Section 201.626, Transportation Code, as
116116 added by this Act, on transportation projects under the
117117 commission's jurisdiction; and
118118 (4) procedures for identifying and overcoming
119119 barriers to implementing the complete streets policy required under
120120 Section 201.626, Transportation Code, as added by this Act.
121121 SECTION 4. Section 201.626, Transportation Code, as added
122122 by this Act, does not apply to a roadway project if a draft
123123 Environmental Impact Statement, Environmental Assessment, or
124124 Environmental Reevaluation for the roadway project is submitted to
125125 the regulatory agency in accordance with the National Environmental
126126 Policy Act before September 1, 2025.
127127 SECTION 5. This Act takes effect September 1, 2025.