Home-Rule Cities Need A Two-Thirds Vote To Close An Alley

The text as introduced · 1,038 words

By: Capriglione
H.B. No. 4348

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.