By: Capriglione H.B. No. 4348       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.  Section 311.001(a), Transportation Code, is   amended to read as follows:          (a)  A home-rule municipality has delegated [exclusive]   control over and under the public highways, streets, and alleys of   the municipality.          SECTION 2.  Section 311.007, Transportation Code, is amended   to read as follows:          Sec. 311.007.  CLOSING OF STREET OR ALLEY BY HOME-RULE   MUNICIPALITY.  (a) A home-rule municipality may vacate, abandon,   or close a street or alley only if the governing body of the   municipality:                (1)  holds a hearing to solicit and consider public   comment on the proposed vacation, abandonment, or closure;                (2)  submits to the commission a request for approval   of the proposed vacation, abandonment, or closure in the form of a   petition that:                      (A)  provides details of the vacation,   abandonment, or closure requested by the municipality;                      (B)  reviews and summarizes the comments from the   hearing; and                      (C)  demonstrates that the vacation, abandonment,   or closure would not increase vehicular congestion:                            (i)  in the municipality;                            (ii)  in any county in which the   municipality is located; or                            (iii)  on the state highway system;                (3)  receives commission approval of the vacation,   abandonment, or closure requested in the petition submitted under   Subdivision (2); and                (4)  receives approval of two-thirds of the   municipality's voters for the vacation, abandonment, or closure at   an election held for that purpose on a uniform election date.          (b)  Not later than 30 days before the date of a hearing   required under Subsection (a)(1), the governing body of the   municipality holding the hearing shall provide notice of the   hearing to all residents who reside within a five-mile radius of the   street or alley that is the subject of the hearing.          SECTION 3.  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, "roadway"   means a road that has at least two clearly marked lanes for   vehicular travel.          Sec. 472.052.  APPLICABILITY. This subchapter applies only   to a roadway project that:                (1)  reallocates existing vehicular roadway space,   including a turn lane, to another use, including a bike lane,   restricted lane as defined by Section 224.151, bus or transit lane,   sidewalk, pedestrian refuge island, transit stop, or parking space;   or                (2)  narrows existing marked lanes on a roadway to   reallocate roadway space for a use other than the creation of an   additional vehicular, general purpose 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 Internet website   address in all public materials and communications about the   project to allow 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 4.  Section 2306.111, Government Code, is amended by   adding Subsection (k) to read as follows:          (k)  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   effective until the earlier of:                (1)  the end of the local governmental entity's fiscal   year following the fiscal year during which the department receives   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 5.  Section 311.001(c), Transportation Code, is   repealed.          SECTION 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.