Cook’s bill ordering a complete streets policy

The text as introduced · 836 words

89R5276 GP-F

By: Cook
S.B. No. 1770

A BILL TO BE ENTITLED

AN ACT

relating to the accommodation of pedestrians, bicyclists, persons

with disabilities, children, senior citizens, users of public

transportation, movers of commercial goods, and motorists on

streets and highways.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) The Texas Department of Transportation

shall consider the needs of motorists, public transportation

vehicles, users of public transportation, bicyclists, and

pedestrians of all ages and abilities in all transportation

planning, design, construction, reconstruction, retrofitting,

operations, and maintenance.

(b) The Texas Department of Transportation shall:

(1) view all transportation improvements as

opportunities to improve safety, access, air quality, and mobility

for all travelers in Texas; and

(2) recognize that bicycle, pedestrian, and transit

modes are integral elements of the transportation system.

SECTION 2. Subchapter H, Chapter 201, Transportation Code,

is amended by adding Section 201.626 to read as follows:

Sec. 201.626. COMPLETE STREETS POLICY. (a) In this

section:

(1) "Complete streets policy" means a written policy

that:

(A) provides guidelines for addressing the

safety, accessibility, and mobility of users of streets and

highways, including pedestrians, bicyclists, persons with

disabilities, children, senior citizens, users of public

transportation, movers of commercial goods, and motorists, in the

planning, design, construction, and maintenance of streets and

highways; and

(B) recognizes that the needs of users of streets

and highways vary according to the urban, rural, or suburban

context.

(2) "Local authority" means a county, municipality, or

other local entity authorized to plan, design, construct, and

maintain streets and highways.

(b) The commission shall adopt a complete streets policy.

(c) The commission, in adopting a complete streets policy

under Subsection (b), shall consider best practices and guidance

from:

(1) the United States Department of Transportation

Federal Highway Administration;

(2) the American Association of State Highway and

Transportation Officials;

(3) the National Association of City Transportation

Officials;

(4) the Texas Manual on Uniform Traffic Control

Devices;

(5) the Americans with Disabilities Act Accessibility

Guidelines;

(6) the Public Rights-of-Way Accessibility

Guidelines; and

(7) the recommended practice titled "Designing

Walkable Urban Thoroughfares: A Context Sensitive Approach,"

issued by the Institute of Transportation Engineers.

(d) The commission shall ensure that the following comply

with the complete streets policy:

(1) transportation planning, design, construction,

and reconstruction; and

(2) improvements to streets, highways, and other

projects that fall under the commission's jurisdiction.

(e) A local authority shall ensure that all transportation

planning, design, construction, and reconstruction, street or

highway improvements, and access roads, bicycle paths, and

sidewalks to public transportation comply with the complete streets

policy if federal or state funds are used.

(f) To the extent consistent with federal law, a

metropolitan planning organization shall ensure that any

transportation improvement plan complies with the complete streets

policy.

(g) This section does not apply to a transportation project

if:

(1) use of a particular street or highway by

bicyclists or pedestrians is prohibited by law, including within

interstate highway corridors;

(2) the cost to comply with the complete streets

policy would be excessively disproportionate to the present or

future need or probable use of the particular street or highway; or

(3) a sparseness of population indicates an absence of

future need.

(h) An exemption under Subsection (g) must be:

(1) approved by the department or local authority, as

appropriate; and

(2) supported by publicly available documentation.

(i) The department or local authority, as appropriate,

shall certify that each transportation project complies with the

complete streets policy in all aspects of project development. No

additional certification is required unless the scope of the

transportation project changes.

SECTION 3. The Texas Transportation Commission shall

publish a best practices report not later than July 1, 2028. The

report must describe how the Texas Department of Transportation,

local authorities, and metropolitan planning organizations have

changed their procedures to implement the complete streets policy

required under Section 201.626, Transportation Code, as added by

this Act. The commission shall include a list of transportation

projects exempted under Section 201.626(g), Transportation Code,

as added by this Act, in the best practices report. The commission,

in publishing a best practices report under this section, shall

consider:

(1) procedures for identifying the needs of users of

all ages and abilities;

(2) the types and designs of facilities needed to

serve the needs of users described by Subdivision (1) of this

section;

(3) measures of effectiveness that document the

results of implementing Section 201.626, Transportation Code, as

added by this Act, on transportation projects under the

commission's jurisdiction; and

(4) procedures for identifying and overcoming

barriers to implementing the complete streets policy required under

Section 201.626, Transportation Code, as added by this Act.

SECTION 4. Section 201.626, Transportation Code, as added

by this Act, does not apply to a roadway project if a draft

Environmental Impact Statement, Environmental Assessment, or

Environmental Reevaluation for the roadway project is submitted to

the regulatory agency in accordance with the National Environmental

Policy Act before September 1, 2025.

SECTION 5. This Act takes effect September 1, 2025.