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O-2006-2949
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11/2/2016 3:39:20 PM
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Legislative Records
Legislative Type
Ordinance
Date
12/11/2006
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<br /> <br /> <br />Sec. 545.307 <br /> <br />TEXAS CRIMINAL AND TRAFFIC LAW <br /> <br />858 <br /> <br />Stats. 2003 78th Leg. Sess. Ch. 1034, effective <br />September 1, 2003. <br /> <br />Sec. 545.307. Overnight Parking of <br />Commercial Motor Vehicle In Residen- <br />tial Subdivision. <br />(a) In this section: <br />(1) "Commercial motor vehicle" means: <br />(A) a commercial motor vehicle, as defined <br />by Section 522.003, and includes a vehicle <br />meeting that definition regardless of whether <br />the vehicle is used for a commercial purpose; <br />or <br />(B) a road tractor, truck tractor, pole <br />trailer, or semitrailer, as those terms are <br />defined by Section 541.201. <br />(2) "Residential subdivision" means a subdi- <br />vision in a county with a population greater <br />than 220,000: <br />(A) for which a plat is recorded in the <br />county real property records; and <br />(B) in which the majority of lots are sub- <br />ject to deed restrictions limiting the lots to <br />residential use. <br />(b) After 10 p.m. and before 6 a.m., a person <br />may not park a commercial motor vehicle or leave <br />the vehicle parked on a street of a residential <br />subdivision for which signs are posted as pro- <br />vided by Subsection (c) unless the commercial <br />motor vehicle: <br />(1) is transporting persons or property to or <br />from the residential subdivision or performing <br />work in the subdivision; and <br />(2) remains parked in the subdivision only <br />for the period necessary to complete the trans- <br />portation or work. <br />(c) The residents of a residential subdivision <br />may petition a county or municipality in which <br />the subdivision is located for the posting of signs <br />prohibiting the overnight parking of a commer- <br />cial motor vehicle in the subdivision. The petition <br />must be signed by at least 25 percent of the <br />owners or tenants of residences in the subdivi- <br />sion. Not more than one person for each residence <br />may sign the petition, and each person signing <br />must be at least 18 years of age. Promptly after <br />the filing of a petition meeting the requirements <br />of this subsection and subject to Subsection Cd), <br />the county or municipality receiving the petition <br />shall post the signs. The signs must: <br />(1) be posted at each entrance of the subdi- <br />vision through which a commercial motor vehi- <br />cle may enter the subdivision or within the <br /> <br />subdivision if there is not defined entrance to <br />the subdivision; and <br />(2) state, in letters at least two inches in <br />height, that overnight parlring of a <br />motor vehicle is prohibited in the subdivision. <br />(d) A county or municipality receiving a peti- <br />tion under Subsection (c) may condition the poste <br />ing of the signs on payment by the residents of <br />the residential subdivision of the cost of providing <br />the signs. <br />(e) A person commits an offense if the person <br />parks a commercial motor vehicle in violation of <br />Subsection (b). <br />Cf) This section does not limit the power of a <br />municipality to regulate the parking of commer- <br />cial motor vehicles. <br />(g) For the purposes ofthis section, contiguous <br />subdivisions that are developed by the same <br />entity or a successor to that entity and that are <br />given the same public name or a variation of the <br />same public name are considered one subdivision. <br />Separation of one of the subdivisions from an- <br />other by a road, stream, greenbelt, or similar <br />barrier does not make the subdivisions noncon- <br />tiguous. Leg.H. Stats. 1997 75th Leg. Sess. Ch. <br />173, effective September 1, 1997; Stats. 1999 <br />76th Leg. Sess. Ch. 731, effective September 1, <br />1999, Ch. 1419, effective June 18, 1999. <br /> <br />Sec. 545.308. Presumption. <br />The governing body of a local authority, by <br />ordinance, order, or other official action, may <br />provide that in a prosecution for an offense under <br />this subchapter involving the stopping, standing, <br />or parking of an unattended motor vehicle it is <br />presumed that the registered owner of the vehicl <br />is the person who stopped, stood, or parked th <br />vehicle at the time and place the offense occurred <br />Leg.H. Stats. 2001 77th Leg. Sess. Ch. 1080 <br />effective September 1, 2001. <br /> <br />SUBCHAPXllR H <br />SPEED RESTRICTIONS <br /> <br />Sec. 545.351. Maximum Speed Re- <br />quirement. <br />(a) An operator may not drive at a speed <br />greater than is reasonable and prudent under the <br />circumstances then existing. <br />(b) An operator: <br />(1) may not drive a vehicle at a speed greater <br />than is reasonable and prudent under the con- <br />
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