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.