Texas 2015 - 84th Regular

Texas House Bill HB1238 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R22033 JXC-D
2	2		By: Bonnen of Brazoria H.B. No. 1238
3		-	Substitute the following for H.B. No. 1238:
4		-	By: Pickett C.S.H.B. No. 1238
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to requirements for construction and maintenance work
10	8		zones; amending provisions subject to a criminal penalty.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. The heading to Subchapter C, Chapter 472,
13	11		Transportation Code, is amended to read as follows:
14	12		SUBCHAPTER C. [CRIMINAL OFFENSES AND PENALTIES REGARDING] WARNING
15	13		SIGNS, [AND] BARRICADES, AND TRAFFIC FLOW BARRIERS
16	14		SECTION 2. Sections 472.022(e)(2) and (3), Transportation
17	15		Code, are amended to read as follows:
18	16		(2) "Construction or maintenance work zone" has the
19	17		meaning assigned by Section 541.402. [means a portion of a highway
20	18		or street:
21	19		[(A) where highway construction or maintenance
22	20		is being undertaken, other than mobile operations as defined by the
23	21		Texas Manual on Uniform Traffic Control Devices; and
24	22		[(B) that is marked by signs:
25	23		[(i) indicating that it is a construction
26	24		or maintenance work zone;
27	25		[(ii) indicating where the zone begins and
28	26		ends; and
29	27		[(iii) stating: "Fines double when
30	28		workers present."]
31	29		(3) "Warning sign" means a signal, marking, or device
32	30		placed on a barricade or on a road, street, or highway during
33	31		construction, repair, or dangerous conditions by the department, a
34	32		political subdivision of this state, or a contractor or
35	33		subcontractor to warn or regulate motor vehicular traffic. The
36	34		term includes a flagger deployed on a road, street, or highway by
37	35		the department, a political subdivision of this state, or a
38	36		contractor or subcontractor to direct traffic around or on the
39	37		road, street, or highway during construction, repair, or dangerous
40	38		conditions. The term does not include a speed limit sign.
41	39		SECTION 3. Subchapter C, Chapter 472, Transportation Code,
42	40		is amended by adding Section 472.023 to read as follows:
43	41		Sec. 472.023. TRAFFIC FLOW BARRIERS. (a) In this section,
44	42		"construction or maintenance work zone" has the meaning assigned by
45	43		Section 541.402.
46	44		(b) An entity, including the department, a political
47	45		subdivision, or a contractor or subcontractor, that establishes a
48	46		construction or maintenance work zone and directs the flow of
49	47		traffic into the opposite lane of travel shall install physical
50	48		barriers to direct the traffic.
51	49		SECTION 4. Subchapter E, Chapter 541, Transportation Code,
52	50		is amended by adding Section 541.402 to read as follows:
53	51		Sec. 541.402. CONSTRUCTION OR MAINTENANCE WORK ZONE. In
54	52		this subtitle, "construction or maintenance work zone" means a
55	53		portion of a highway or street where highway construction or
56	54		maintenance is being undertaken, other than mobile operations as
57	55		defined by the Texas Manual on Uniform Traffic Control Devices,
58	56		that is marked by signs:
59	57		(1) indicating that the zone is a construction or
60	58		maintenance work zone;
61	59		(2) indicating where the zone begins and ends; and
62	60		(3) stating: "Fines double when workers present."
63	61		SECTION 5. Section 542.404, Transportation Code, is amended
64	62		to read as follows:
65	63		Sec. 542.404. FINE FOR OFFENSE IN CONSTRUCTION OR
66	64		MAINTENANCE WORK ZONE WHEN WORKERS PRESENT. (a) If [Except as
67	65		provided by Subsection (c), if] an offense under this subtitle,
68	66		other than an offense under Chapter 548 or 552 or Section 545.366,
69	67		545.412, or 545.413, is committed in a construction or maintenance
70	68		work zone when workers are present and any written notice to appear
71	69		issued for the offense states on its face that workers were present
72	70		when the offense was committed:
73	71		(1) the minimum fine applicable to the offense is
74	72		twice the minimum fine that would be applicable to the offense if it
75	73		were committed outside a construction or maintenance work zone; and
76	74		(2) the maximum fine applicable to the offense is
77	75		twice the maximum fine that would be applicable to the offense if it
78	76		were committed outside a construction or maintenance work zone.
79	77		(b) If a person violates a speed limit established
80	78		under Section 545.366 in a construction or maintenance work zone
81	79		when workers are present, [In this section, "construction or
82	80		maintenance work zone" has the meaning assigned by Section 472.022.
83	81		[(c) The fine prescribed by Subsection (a) applies to a
84	82		violation of a prima facie speed limit authorized by Subchapter H,
85	83		Chapter 545, only if] the [construction or maintenance work] zone
86	84		is marked by a sign indicating the applicable maximum lawful speed,
87	85		and any written notice to appear issued for the offense states on
88	86		its face that workers were present when the offense was committed:
89	87		(1) the minimum fine applicable to the offense is
90	88		twice the minimum fine that would otherwise be applicable to the
91	89		offense; and
92	90		(2) the maximum fine applicable to the offense is
93	91		twice the maximum fine that would otherwise be applicable to the
94	92		offense.
95	93		SECTION 6. Subchapter H, Chapter 545, Transportation Code,
96	94		is amended by adding Section 545.366 to read as follows:
97	95		Sec. 545.366. SPEED LIMIT IN CERTAIN CONSTRUCTION OR
98	96		MAINTENANCE WORK ZONES. (a) In a construction or maintenance work
99	97		zone, the speed limit is 20 miles per hour below the speed limit
100	98		that would normally apply to the highway or street under this
101	99		subchapter.
102	100		(b) The entity responsible for posting speed limit signs on
103	101		the highway or street shall ensure that a construction or
104	102		maintenance work zone is marked by a sign indicating the applicable
105	103		maximum lawful speed.
106	104		(c) This section does not apply to a construction or
107	105		maintenance work zone on a roadway that:
108	106		(1) provides two-way movement of traffic and is
109	107		divided into three or more lanes in each direction; or
110	108		(2) has a speed limit of 35 miles per hour or less.
111	109		SECTION 7. Section 201.908, Transportation Code, is
112	110		repealed.
113	111		SECTION 8. The change in law made by this Act applies only
114	112		to an offense committed on or after the effective date of this Act.
115	113		An offense committed before the effective date of this Act is
116	114		governed by the law in effect on the date the offense was committed,
117	115		and the former law is continued in effect for that purpose. For
118	116		purposes of this section, an offense was committed before the
119	117		effective date of this Act if any element of the offense occurred
120	118		before that date.
121	119		SECTION 9. This Act takes effect September 1, 2015.