Texas 2011 - 82nd Regular

Texas House Bill HB1353 Compare Versions

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1	1	By: Elkins, et al. (Senate Sponsor - Williams) H.B. No. 1353
2	2	(In the Senate - Received from the House April 19, 2011;
3	3	April 26, 2011, read first time and referred to Committee on
4	4	Transportation and Homeland Security; May 13, 2011, reported
5	5	favorably by the following vote: Yeas 8, Nays 0; May 13, 2011, sent
6	6	to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to speed limits.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 545.352(b), Transportation Code, as
14	14	amended by Chapters 663 (H.B. 385), 739 (H.B. 1075), and 1346 (H.B.
15	15	676), Acts of the 76th Legislature, Regular Session, 1999, is
16	16	reenacted and amended to read as follows:
17	17	(b) Unless a special hazard exists that requires a slower
18	18	speed for compliance with Section 545.351(b), the following speeds
19	19	are lawful:
20	20	(1) 30 miles per hour in an urban district on a street
21	21	other than an alley and 15 miles per hour in an alley;
22	22	(2) except as provided by Subdivision (4), 70 miles
23	23	per hour [in daytime and 65 miles per hour in nighttime if the
24	24	vehicle is a passenger car, motorcycle, passenger car or light
25	25	truck towing a trailer bearing a vessel, as defined by Section
26	26	31.003, Parks and Wildlife Code, that is less than 26 feet in
27	27	length, passenger car or light truck towing a trailer or
28	28	semitrailer used primarily to transport a motorcycle, or passenger
29	29	car or light truck towing a trailer or semitrailer designed and used
30	30	primarily to transport dogs or livestock,] on a highway numbered by
31	31	this state or the United States outside an urban district,
32	32	including a farm-to-market or ranch-to-market road;
33	33	(3) except as provided by Subdivision (4), 60 miles
34	34	per hour [in daytime and 55 miles per hour in nighttime if the
35	35	vehicle is a passenger car or motorcycle] on a highway that is
36	36	outside an urban district and not a highway numbered by this state
37	37	or the United States;
38	38	(4) [60 miles per hour outside an urban district if a
39	39	speed limit for the vehicle is not otherwise specified by this
40	40	section; or
41	41	[(5)] outside an urban district:
42	42	(A) 60 miles per hour if the vehicle is a school
43	43	bus that has passed a commercial motor vehicle inspection under
44	44	Section 548.201 and is on a highway numbered by the United States or
45	45	this state, including a farm-to-market road; or
46	46	(B) 50 miles per hour if the vehicle is a school
47	47	bus that:
48	48	(i) has not passed a commercial motor
49	49	vehicle inspection under Section 548.201; or
50	50	(ii) is traveling on a highway not numbered
51	51	by the United States or this state; [or
52	52	[(C) 60 miles per hour in daytime and 55 miles per
53	53	hour in nighttime if the vehicle is a truck, other than a light
54	54	truck, or if the vehicle is a truck tractor, trailer, or
55	55	semitrailer, or a vehicle towing a trailer other than a trailer
56	56	described by Subdivision (2), semitrailer, another motor vehicle or
57	57	towable recreational vehicle;]
58	58	(5) on a beach, 15 miles per hour; or
59	59	(6) on a county road adjacent to a public beach, 15
60	60	miles per hour, if declared by the commissioners court of the
61	61	county.
62	62	SECTION 2. Section 545.352, Transportation Code, is amended
63	63	by adding Subsection (e) to read as follows:
64	64	(e) An entity that establishes or alters a speed limit under
65	65	this subchapter shall establish the same speed limit for daytime
66	66	and nighttime.
67	67	SECTION 3. Sections 545.353(d), (h), and (h-1),
68	68	Transportation Code, are amended to read as follows:
69	69	(d) Except as provided by Subsection (h-1) [(h)], the
70	70	commission may not:
71	71	(1) modify the rules established by Section
72	72	545.351(b);
73	73	(2) establish a speed limit of more than 75 [70] miles
74	74	per hour; or
75	75	(3) increase the speed limit for a vehicle described
76	76	by Section 545.352(b)(4) [545.352(b)(5)].
77	77	(h) Notwithstanding Section 545.352(b), the commission may
78	78	establish a speed limit of 75 miles per hour [in daytime] on a part
79	79	of the highway system if[:
80	80	[(1)] the commission determines that 75 miles per hour
81	81	[in daytime] is a reasonable and safe speed for that part of the
82	82	highway system[; and
83	83	[(2) that part of the highway is located in a county
84	84	with a population density of less than 15 persons per square mile].
85	85	(h-1) Notwithstanding Section 545.352(b), the commission
86	86	may establish a speed limit of 80 miles per hour [in daytime] on a
87	87	part of Interstate Highway 10 or Interstate Highway 20 in Crockett,
88	88	Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves,
89	89	Sutton, or Ward County if the commission determines that 80 miles
90	90	per hour [in daytime] is a reasonable and safe speed for that part
91	91	of the highway.
92	92	SECTION 4. Section 545.354(e), Transportation Code, is
93	93	amended to read as follows:
94	94	(e) The authority may not:
95	95	(1) alter the general rule established by Section
96	96	545.351(a); or
97	97	(2) establish a speed limit of more than 75 [70] miles
98	98	per hour.
99	99	SECTION 5. Section 545.355(e), Transportation Code, is
100	100	amended to read as follows:
101	101	(e) The commissioners court of a county with a population of
102	102	more than 2.8 million may establish from the results of an
103	103	engineering and traffic investigation a speed limit of not more
104	104	than 75 [70] miles per hour on any part of a highway of that county
105	105	that is a limited-access or controlled-access highway, regardless
106	106	of the location of the part of the highway.
107	107	SECTION 6. Sections 545.356(a) and (b), Transportation
108	108	Code, are amended to read as follows:
109	109	(a) The governing body of a municipality, for a highway or
110	110	part of a highway in the municipality, including a highway of the
111	111	state highway system, has the same authority to alter by ordinance
112	112	prima facie speed limits from the results of an engineering and
113	113	traffic investigation as the Texas Transportation Commission on an
114	114	officially designated or marked highway of the state highway
115	115	system. The governing body of a municipality may not modify the
116	116	rule established by Section 545.351(a) or establish a speed limit
117	117	of more than 75 [60] miles per hour.
118	118	(b) The governing body of a municipality, for a highway or
119	119	part of a highway in the municipality, including a highway of the
120	120	state highway system, has the same authority to alter prima facie
121	121	speed limits from the results of an engineering and traffic
122	122	investigation as the commission for an officially designated or
123	123	marked highway of the state highway system, when the highway or part
124	124	of the highway is under repair, construction, or maintenance. A
125	125	municipality may not modify the rule established by Section
126	126	545.351(a) or establish a speed limit of more than 75 [60] miles per
127	127	hour.
128	128	SECTION 7. Section 545.358, Transportation Code, is amended
129	129	to read as follows:
130	130	Sec. 545.358. AUTHORITY OF COMMANDING OFFICER OF UNITED
131	131	STATES MILITARY RESERVATION TO ALTER SPEED LIMITS. The commanding
132	132	officer of a United States military reservation, for a highway or
133	133	part of a highway in the military reservation, including a highway
134	134	of the state highway system, has the same authority by order to
135	135	alter prima facie speed limits from the results of an engineering
136	136	and traffic investigation as the Texas Transportation Commission
137	137	for an officially designated or marked highway of the state highway
138	138	system. A commanding officer may not modify the rule established by
139	139	Section 545.351(a) or establish a speed limit of more than 75 [60]
140	140	miles per hour.
141	141	SECTION 8. Section 545.362(a), Transportation Code, is
142	142	amended to read as follows:
143	143	(a) Subject to Subsection (c), the Texas Transportation
144	144	Commission may enter an order establishing prima facie speed limits
145	145	of not more than 75 [70] miles per hour applicable to all highways,
146	146	including a turnpike under the authority of the Texas Turnpike
147	147	Authority or a highway under the control of a municipality or
148	148	county. An order entered under this section does not have the
149	149	effect of increasing a speed limit on any highway.
150	150	SECTION 9. Section 545.353(i), Transportation Code, is
151	151	repealed.
152	152	SECTION 10. As soon as practicable after the effective date
153	153	of this Act, the Texas Department of Transportation shall conceal
154	154	or remove speed limit signs that do not comply with Section 545.352,
155	155	Transportation Code, as amended by this Act, and erect appropriate
156	156	signs.
157	157	SECTION 11. This Act takes effect September 1, 2011.
158	158	* * * * *