Bill Text: TX SB1293 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a prohibition on certain roadway projects and to the distribution of affordable housing funds to local governmental entities that violate that prohibition.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Transportation [SB1293 Detail]
Download: Texas-2023-SB1293-Introduced.html
| 88R3332 DRS-D | ||
| By: Hall | S.B. No. 1293 | |
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| 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. 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, "undivided | ||
| laned roadway" means a roadway that has at least two clearly marked | ||
| lanes for vehicular travel and is not divided by a median. | ||
| Sec. 472.052. APPLICABILITY. This subchapter applies only | ||
| to a roadway project that: | ||
| (1) converts a four-lane undivided laned roadway to a | ||
| three-lane undivided laned roadway consisting of two through lanes | ||
| and a center two-way left turn lane and that reallocates roadway | ||
| space to another use, including a bike lane, pedestrian refuge | ||
| island, transit stop, or parking; or | ||
| (2) narrows existing marked lanes on an undivided | ||
| laned roadway to reallocate roadway space for a use other than the | ||
| creation of an additional 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 the department's | ||
| Internet website address in all public materials and communication | ||
| about the project for the purpose of allowing 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 2. Section 2306.111, Government Code, is amended by | ||
| adding Subsection (j) to read as follows: | ||
| (j) 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 | ||
| in effect until the earlier of: | ||
| (1) the end of the fiscal year of the entity following | ||
| the fiscal year during which the department received 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 3. This Act takes effect September 1, 2023. | ||
