Bill Text: TX SB565 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: 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.
Sponsorship: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2013-02-25 - Co-author authorized [SB565 Detail]
Download: Texas-2013-SB565-Introduced.html
| 83R2031 NAJ-F | ||
| By: Ellis, Deuell | S.B. No. 565 | |
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| 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 201.623 to read as follows: | ||
| Sec. 201.623. 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, 2016. 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 201.623, Transportation Code, as added by | ||
| this Act. The commission shall include a list of transportation | ||
| projects exempted under Section 201.623(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 201.623, 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 201.623, Transportation Code, as added by this Act. | ||
| SECTION 4. Section 201.623, 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, 2013. | ||
| SECTION 5. This Act takes effect September 1, 2013. | ||
