88R3332 DRS-D     By: Hall S.B. No. 1293       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.  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.