HB 3881 Introduced

Relating to the parking of a commercial motor vehicle in or near certain residential subdivisions. 

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A BILL TO BE ENTITLED

 

AN ACT

 

relating to the parking of a commercial motor vehicle in or near

 

certain residential subdivisions.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  The heading to Section 545.307, Transportation

 

Code, is amended to read as follows:

 

       Sec. 545.307.  [OVERNIGHT] PARKING OF COMMERCIAL MOTOR

 

VEHICLE IN OR NEAR RESIDENTIAL SUBDIVISION.

 

       SECTION 2.  Section 545.307, Transportation Code, is amended

 

by amending Subsections (b), (b-1), (c), and (d) and adding

 

Subsection (e-1) to read as follows:

 

       (b)  Except as provided by Subsection (b-1), [after 10 p.m.

 

and before 6 a.m.,] a person may not park a commercial motor vehicle

 

or leave the vehicle parked on a street that is maintained by a

 

county or municipality and for which signs are posted as provided by

 

Subsection (c) if the street:

 

             (1)  is located within a residential subdivision; or

 

             (2)  is adjacent to a residential subdivision and

 

within 1,000 feet of the property line of a residence, school, place

 

of worship, [or] park, or retail area.

 

       (b-1)  A person may park a commercial motor vehicle or leave

 

the vehicle parked on a street for which signs are posted as

 

provided by Subsection (c) if the commercial motor vehicle is

 

parked for a period not to exceed two hours, and either:

 

             (1)  the operator of the commercial motor vehicle:

 

                   (A)  is present in the vehicle the entire period

 

the vehicle remains parked; and

 

                   (B)  is taking a rest break or other lawfully

 

mandated break; or

 

             (2)  the commercial motor vehicle:

 

                   (A) [(1)]  is transporting persons or property to

 

or from the residential subdivision or performing work in the

 

subdivision; and

 

                   (B) [(2)]  remains parked in or adjacent to the

 

subdivision only for the period necessary to complete the

 

transportation or work.

 

       (c)  A [The residents of a residential subdivision may

 

petition a] county or municipality in which a residential [the]

 

subdivision is located shall post [for the posting of] signs

 

prohibiting the [overnight] parking of a commercial motor vehicle

 

in the subdivision or on a street adjacent to the subdivision and

 

within 1,000 feet of the property line of a residence, school, place

 

of worship, [or] park, or retail area.  [The petition must be signed

 

by at least 25 percent of the owners or tenants of residences in the

 

subdivision.  Not more than one person for each residence may sign

 

the petition, and each person signing must be at least 18 years of

 

age.  Promptly after the filing of a petition meeting the

 

requirements of this subsection and subject to Subsection (d), the

 

county or municipality receiving the petition shall post the

 

signs.]  The signs must:

 

             (1)  be posted:

 

                   (A)  at each entrance of the subdivision through

 

which a commercial motor vehicle may enter the subdivision or

 

within the subdivision if there is not defined entrance to the

 

subdivision; or

 

                   (B)  on a street adjacent to the subdivision; and

 

             (2)  state, in letters at least two inches in height,

 

that [overnight] parking of a commercial motor vehicle is

 

prohibited at all times in the subdivision or on a street adjacent

 

to the subdivision.

 

       (d)  A county or municipality [receiving a petition under

 

Subsection (c)] may condition the posting of the signs on payment by

 

the residents of the residential subdivision of the cost of

 

providing the signs.

 

       (e-1)  A commercial motor vehicle found to be parked in

 

violation of Subsection (b) may immediately be towed.

 

       SECTION 3.  This Act takes effect September 1, 2025. 

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