By: Hall S.B. No. 1993
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. Section 311.001(a), Transportation Code, is
amended to read as follows:
(a) A home-rule municipality has delegated [exclusive]
control over and under the public highways, streets, and alleys of
the municipality.
SECTION 2. Section 311.007, Transportation Code, is amended
to read as follows:
Sec. 311.007. CLOSING OF STREET OR ALLEY BY HOME-RULE
MUNICIPALITY. (a) A home-rule municipality may vacate, abandon,
or close a street or alley only if the governing body of the
municipality:
(1) holds a hearing to solicit and consider public
comment on the proposed vacation, abandonment, or closure;
(2) submits to the commission a request for approval
of the proposed vacation, abandonment, or closure in the form of a
petition that:
(A) provides details of the vacation,
abandonment, or closure requested by the municipality;
(B) reviews and summarizes the comments from the
hearing; and
(C) demonstrates that the vacation, abandonment,
or closure would not increase vehicular congestion:
(i) in the municipality;
(ii) in any county in which the
municipality is located; or
(iii) on the state highway system;
(3) receives commission approval of the vacation,
abandonment, or closure requested in the petition submitted under
Subdivision (2); and
(4) receives approval of two-thirds of the
municipality's voters for the vacation, abandonment, or closure at
an election held for that purpose on a uniform election date.
(b) Not later than 30 days before the date of a hearing
required under Subsection (a)(1), the governing body of the
municipality holding the hearing shall provide notice of the
hearing to all residents who reside within a five-mile radius of the
street or alley that is the subject of the hearing.
SECTION 3. 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, "roadway"
means a road that has at least two clearly marked lanes for
vehicular travel.
Sec. 472.052. APPLICABILITY. This subchapter applies only
to a roadway project that:
(1) reallocates existing vehicular roadway space,
including a turn lane, to another use, including a bike lane,
restricted lane as defined by Section 224.151, bus or transit lane,
sidewalk, pedestrian refuge island, transit stop, or parking space;
or
(2) narrows existing marked lanes on a roadway to
reallocate roadway space for a use other than the creation of an
additional vehicular, general purpose 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 Internet website
address in all public materials and communications about the
project to allow 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 4. Section 2306.111, Government Code, is amended by
adding Subsection (k) to read as follows:
(k) 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
effective until the earlier of:
(1) the end of the local governmental entity's fiscal
year following the fiscal year during which the department receives
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 5. Section 311.001(c), Transportation Code, is
repealed.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.