84R22033 JXC-D
By: Bonnen of Brazoria H.B. No. 1238
Substitute the following for H.B. No. 1238:
By: Pickett C.S.H.B. No. 1238
A BILL TO BE ENTITLED
AN ACT
relating to requirements for construction and maintenance work
zones; amending provisions subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter C, Chapter 472,
Transportation Code, is amended to read as follows:
SUBCHAPTER C. [CRIMINAL OFFENSES AND PENALTIES REGARDING] WARNING
SIGNS, [AND] BARRICADES, AND TRAFFIC FLOW BARRIERS
SECTION 2. Sections 472.022(e)(2) and (3), Transportation
Code, are amended to read as follows:
(2) "Construction or maintenance work zone" has the
meaning assigned by Section 541.402. [means a portion of a highway
or street:
[(A) where highway construction or maintenance
is being undertaken, other than mobile operations as defined by the
Texas Manual on Uniform Traffic Control Devices; and
[(B) that is marked by signs:
[(i) indicating that it is a construction
or maintenance work zone;
[(ii) indicating where the zone begins and
ends; and
[(iii) stating: "Fines double when
workers present."]
(3) "Warning sign" means a signal, marking, or device
placed on a barricade or on a road, street, or highway during
construction, repair, or dangerous conditions by the department, a
political subdivision of this state, or a contractor or
subcontractor to warn or regulate motor vehicular traffic. The
term includes a flagger deployed on a road, street, or highway by
the department, a political subdivision of this state, or a
contractor or subcontractor to direct traffic around or on the
road, street, or highway during construction, repair, or dangerous
conditions. The term does not include a speed limit sign.
SECTION 3. Subchapter C, Chapter 472, Transportation Code,
is amended by adding Section 472.023 to read as follows:
Sec. 472.023. TRAFFIC FLOW BARRIERS. (a) In this section,
"construction or maintenance work zone" has the meaning assigned by
Section 541.402.
(b) An entity, including the department, a political
subdivision, or a contractor or subcontractor, that establishes a
construction or maintenance work zone and directs the flow of
traffic into the opposite lane of travel shall install physical
barriers to direct the traffic.
SECTION 4. Subchapter E, Chapter 541, Transportation Code,
is amended by adding Section 541.402 to read as follows:
Sec. 541.402. CONSTRUCTION OR MAINTENANCE WORK ZONE. In
this subtitle, "construction or maintenance work zone" means a
portion of a highway or street where highway construction or
maintenance is being undertaken, other than mobile operations as
defined by the Texas Manual on Uniform Traffic Control Devices,
that is marked by signs:
(1) indicating that the zone is a construction or
maintenance work zone;
(2) indicating where the zone begins and ends; and
(3) stating: "Fines double when workers present."
SECTION 5. Section 542.404, Transportation Code, is amended
to read as follows:
Sec. 542.404. FINE FOR OFFENSE IN CONSTRUCTION OR
MAINTENANCE WORK ZONE WHEN WORKERS PRESENT. (a) If [Except as
provided by Subsection (c), if] an offense under this subtitle,
other than an offense under Chapter 548 or 552 or Section 545.366,
545.412, or 545.413, is committed in a construction or maintenance
work zone when workers are present and any written notice to appear
issued for the offense states on its face that workers were present
when the offense was committed:
(1) the minimum fine applicable to the offense is
twice the minimum fine that would be applicable to the offense if it
were committed outside a construction or maintenance work zone; and
(2) the maximum fine applicable to the offense is
twice the maximum fine that would be applicable to the offense if it
were committed outside a construction or maintenance work zone.
(b) If a person violates a speed limit established
under Section 545.366 in a construction or maintenance work zone
when workers are present, [In this section, "construction or
maintenance work zone" has the meaning assigned by Section 472.022.
[(c) The fine prescribed by Subsection (a) applies to a
violation of a prima facie speed limit authorized by Subchapter H,
Chapter 545, only if] the [construction or maintenance work] zone
is marked by a sign indicating the applicable maximum lawful speed,
and any written notice to appear issued for the offense states on
its face that workers were present when the offense was committed:
(1) the minimum fine applicable to the offense is
twice the minimum fine that would otherwise be applicable to the
offense; and
(2) the maximum fine applicable to the offense is
twice the maximum fine that would otherwise be applicable to the
offense.
SECTION 6. Subchapter H, Chapter 545, Transportation Code,
is amended by adding Section 545.366 to read as follows:
Sec. 545.366. SPEED LIMIT IN CERTAIN CONSTRUCTION OR
MAINTENANCE WORK ZONES. (a) In a construction or maintenance work
zone, the speed limit is 20 miles per hour below the speed limit
that would normally apply to the highway or street under this
subchapter.
(b) The entity responsible for posting speed limit signs on
the highway or street shall ensure that a construction or
maintenance work zone is marked by a sign indicating the applicable
maximum lawful speed.
(c) This section does not apply to a construction or
maintenance work zone on a roadway that:
(1) provides two-way movement of traffic and is
divided into three or more lanes in each direction; or
(2) has a speed limit of 35 miles per hour or less.
SECTION 7. Section 201.908, Transportation Code, is
repealed.
SECTION 8. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 9. This Act takes effect September 1, 2015.