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  82R6242 NAJ-F
 
  By: Ellis S.B. No. 513
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the adoption and implementation of a policy by the Texas
  Transportation Commission providing for 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 provide for 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 201.622 to read as follows:
         Sec. 201.622.  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)  "Excessively disproportionate" means an amount
  that is more than 20 percent of the total project cost.
               (3)  "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)  all transportation planning, design,
  construction, and reconstruction; and
               (2)  all 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 commission or local authority, as
  appropriate; and
               (2)  supported by publicly available documentation.
         (i)  The commission 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 plans for the
  transportation project change.
         SECTION 3.  The Texas Transportation Commission shall
  publish a best practices report not later than September 1, 2013.
  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 201.622,
  Transportation Code, as added by this Act. The commission shall
  include a list of transportation projects exempted under Section
  201.622(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 201.622, 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 201.622, Transportation Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2011.