§ 545.307 — OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE IN OR NEAR RESIDENTIAL SUBDIVISION.

Texas § 545.307

• Jurisdiction: Texas
• Code TN: Transportation Code

Text

Sec. 545.307. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE IN OR NEAR RESIDENTIAL SUBDIVISION. (a) In this section:
(1) "Commercial motor vehicle" means:
(A) a commercial motor vehicle, as defined by Section 522.003 , and includes a vehicle meeting that definition regardless of whether the vehicle is used for a commercial purpose; or
(B) a road tractor, truck tractor, pole trailer, or semitrailer, as those terms are defined by Section 541.201 .
(2) "Residential subdivision" means a subdivision in a county with a population greater than 220,000:
(A) for which a plat is recorded in the county real property records; and
(B) in which the majority of lots are subject to deed restrictions limiting the lots to residential use.
(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.
(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:
(1) is transporting persons or property to or from the residential subdivision or performing work in the subdivision; and
(2) remains parked in or adjacent to the subdivision only for the period necessary to complete the transportation or work.
(c) The residents of a residential subdivision may petition a county or municipality in which the subdivision is located 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. 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 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) A person commits an offense if the person parks a commercial motor vehicle in violation of Subsection (b).
(f) This section does not limit the power of a municipality to regulate the parking of commercial motor vehicles.
(g) For the purposes of this section, contiguous subdivisions that are developed by the same entity or a successor to that entity and that are given the same public name or a variation of the same public name are considered one subdivision. Separation of one of the subdivisions from another by a road, stream, greenbelt, or similar barrier does not make the subdivisions noncontiguous.
(h) This section does not apply to:
(1) a vehicle owned by a utility that an employee of the utility who is on call 24 hours a day parks at the employee's residence; or
(2) a vehicle owned by a commercial establishment that is parked on the street adjacent to where the establishment is located.

Legislative History

Added by Acts 1997, 75th Leg., ch. 173, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 731, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1419, Sec. 1, eff. June 19, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1021 (H.B. 1522 ), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1021 (H.B. 1522 ), Sec. 2, eff. September 1, 2007.