Texas 2025 - 89th Regular

Texas Senate Bill SB1993 Compare Versions

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1	1	By: Hall S.B. No. 1993
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to a prohibition on certain roadway projects and to the
9	9	distribution of affordable housing funds to local governmental
10	10	entities that violate that prohibition.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 311.001(a), Transportation Code, is
13	13	amended to read as follows:
14	14	(a) A home-rule municipality has delegated [exclusive]
15	15	control over and under the public highways, streets, and alleys of
16	16	the municipality.
17	17	SECTION 2. Section 311.007, Transportation Code, is amended
18	18	to read as follows:
19	19	Sec. 311.007. CLOSING OF STREET OR ALLEY BY HOME-RULE
20	20	MUNICIPALITY. (a) A home-rule municipality may vacate, abandon,
21	21	or close a street or alley only if the governing body of the
22	22	municipality:
23	23	(1) holds a hearing to solicit and consider public
24	24	comment on the proposed vacation, abandonment, or closure;
25	25	(2) submits to the commission a request for approval
26	26	of the proposed vacation, abandonment, or closure in the form of a
27	27	petition that:
28	28	(A) provides details of the vacation,
29	29	abandonment, or closure requested by the municipality;
30	30	(B) reviews and summarizes the comments from the
31	31	hearing; and
32	32	(C) demonstrates that the vacation, abandonment,
33	33	or closure would not increase vehicular congestion:
34	34	(i) in the municipality;
35	35	(ii) in any county in which the
36	36	municipality is located; or
37	37	(iii) on the state highway system;
38	38	(3) receives commission approval of the vacation,
39	39	abandonment, or closure requested in the petition submitted under
40	40	Subdivision (2); and
41	41	(4) receives approval of two-thirds of the
42	42	municipality's voters for the vacation, abandonment, or closure at
43	43	an election held for that purpose on a uniform election date.
44	44	(b) Not later than 30 days before the date of a hearing
45	45	required under Subsection (a)(1), the governing body of the
46	46	municipality holding the hearing shall provide notice of the
47	47	hearing to all residents who reside within a five-mile radius of the
48	48	street or alley that is the subject of the hearing.
49	49	SECTION 3. Chapter 472, Transportation Code, is amended by
50	50	adding Subchapter E to read as follows:
51	51	SUBCHAPTER E. CERTAIN ROADWAY PROJECTS PROHIBITED
52	52	Sec. 472.051. DEFINITION. In this subchapter, "roadway"
53	53	means a road that has at least two clearly marked lanes for
54	54	vehicular travel.
55	55	Sec. 472.052. APPLICABILITY. This subchapter applies only
56	56	to a roadway project that:
57	57	(1) reallocates existing vehicular roadway space,
58	58	including a turn lane, to another use, including a bike lane,
59	59	restricted lane as defined by Section 224.151, bus or transit lane,
60	60	sidewalk, pedestrian refuge island, transit stop, or parking space;
61	61	or
62	62	(2) narrows existing marked lanes on a roadway to
63	63	reallocate roadway space for a use other than the creation of an
64	64	additional vehicular, general purpose traffic lane.
65	65	Sec. 472.053. CERTAIN ROADWAY PROJECTS PROHIBITED. A local
66	66	governmental entity may not implement a roadway project described
67	67	by Section 472.052 on a roadway maintained by the entity.
68	68	Sec. 472.054. NOTICE REQUIRED FOR ROADWAY PROJECTS. A
69	69	local governmental entity implementing a roadway project shall
70	70	include the department's telephone number and Internet website
71	71	address in all public materials and communications about the
72	72	project to allow a member of the public to submit a complaint
73	73	regarding the project to the department.
74	74	Sec. 472.055. INVESTIGATION BY DEPARTMENT. (a) If the
75	75	department receives a complaint or otherwise is informed that a
76	76	local governmental entity has implemented or plans to implement a
77	77	roadway project described by Section 472.052, the department shall
78	78	investigate whether the roadway project violates Section 472.053.
79	79	(b) The department shall report the results of an
80	80	investigation under Subsection (a) to:
81	81	(1) the local governmental entity implementing the
82	82	roadway project that is the subject of the investigation; and
83	83	(2) the commission.
84	84	Sec. 472.056. ACTION BY COMMISSION. If the commission
85	85	finds, based on the results of an investigation under Section
86	86	472.055, that a roadway project of a local governmental entity
87	87	violates Section 472.053, the commission shall deliver notice of
88	88	the violation to:
89	89	(1) the local governmental entity implementing the
90	90	roadway project that is the subject of the violation; and
91	91	(2) the Texas Department of Housing and Community
92	92	Affairs.
93	93	Sec. 472.057. APPEAL OF COMMISSION DETERMINATION. (a) Not
94	94	later than the 30th day after the date a local governmental entity
95	95	receives notice under Section 472.056 that a roadway project of the
96	96	entity violates Section 472.053, the entity may contest the
97	97	determination by filing an appeal with the department.
98	98	(b) Not later than the 30th day after the date an appeal is
99	99	filed with the department under Subsection (a), the department
100	100	shall review the findings of the department's investigation under
101	101	Section 472.055 and report the results of the review to the
102	102	commission.
103	103	(c) Not later than the 30th day after the date the
104	104	commission receives the results of the department's review under
105	105	Subsection (b), the commission shall determine whether the roadway
106	106	project violates Section 472.053.
107	107	(d) The commission shall deliver notice of the commission's
108	108	determination to:
109	109	(1) the local governmental entity that filed the
110	110	appeal; and
111	111	(2) the Texas Department of Housing and Community
112	112	Affairs.
113	113	(e) If the commission determines that the roadway project
114	114	violates Section 472.053, the notice must include recommendations
115	115	for implementing the roadway project in a manner that will not
116	116	violate Section 472.053.
117	117	SECTION 4. Section 2306.111, Government Code, is amended by
118	118	adding Subsection (k) to read as follows:
119	119	(k) The department may not provide financial assistance to a
120	120	local governmental entity if the Texas Transportation Commission
121	121	notifies the department under Section 472.056(2), Transportation
122	122	Code, that a roadway project of the entity violates Section
123	123	472.053, Transportation Code. A prohibition on financial
124	124	assistance to a local governmental entity under this subsection is
125	125	effective until the earlier of:
126	126	(1) the end of the local governmental entity's fiscal
127	127	year following the fiscal year during which the department receives
128	128	notice under Section 472.056(2), Transportation Code; or
129	129	(2) the date the department receives notification from
130	130	the commission under Section 472.057(d), Transportation Code, that
131	131	the entity has successfully appealed the commission's initial
132	132	determination of a violation of Section 472.053, Transportation
133	133	Code.
134	134	SECTION 5. Section 311.001(c), Transportation Code, is
135	135	repealed.
136	136	SECTION 6. This Act takes effect immediately if it receives
137	137	a vote of two-thirds of all the members elected to each house, as
138	138	provided by Section 39, Article III, Texas Constitution. If this
139	139	Act does not receive the vote necessary for immediate effect, this
140	140	Act takes effect September 1, 2025.