Texas 2015 - 84th Regular

Texas House Bill HB2975 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R5683 JXC-F
2	1		By: Martinez H.B. No. 2975
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7		-	relating to speed limits.
	6	+	relating to speed limits; amending provisions subject to a general
	7	+	criminal penalty.
8	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9		SECTION 1. Section 545.352, Transportation Code, is amended
10	10		by amending Subsections (a) and (b) and adding Subsection (b-1) to
11	11		read as follows:
12	12		(a) A speed in excess of a limit [the limits] established by
13	13		[Subsection (b) or under another provision of] this subchapter is
14	14		prima facie evidence that the speed is not reasonable and prudent
15	15		and that the speed is unlawful.
16	16		(b) Unless a special hazard exists that requires a slower
17	17		speed for compliance with Section 545.351(b), the following speeds
18	18		are lawful:
19	19		(1) [30 miles per hour] in an urban district:
20	20		(A) 30 miles per hour on a street other than an
21	21		alley; or
22	22		(B) [and] 15 miles per hour in an alley;
23	23		(2) outside an urban district, for a vehicle that is
24	24		not a school bus:
25	25		(A) [except as provided by Subdivision (4),] 70
26	26		miles per hour on a highway numbered by this state or the United
27	27		States [outside an urban district], including a farm-to-market or
28	28		ranch-to-market road; or
29	29		(B) [(3) except as provided by Subdivision (4),]
30	30		60 miles per hour on a highway that is [outside an urban district
31	31		and] not [a highway] numbered by this state or the United States;
32	32		(3) [(4) outside an urban district:
33	33		[(A) 60 miles per hour if the vehicle is a school
34	34		bus that has passed a commercial motor vehicle inspection under
35	35		Section 548.201 and is on a highway numbered by the United States or
36	36		this state, including a farm-to-market road; or
37	37		[(B) 50 miles per hour if the vehicle is a school
38	38		bus that:
39	39		[(i) has not passed a commercial motor
40	40		vehicle inspection under Section 548.201; or
41	41		[(ii) is traveling on a highway not
42	42		numbered by the United States or this state;
43	43		[(5)] on a beach, 15 miles per hour; or
44	44		(4) [(6)] on a county road adjacent to a public beach,
45	45		15 miles per hour, if declared by the commissioners court of the
46	46		county.
47	47		(b-1) The following speeds are lawful for a school bus
48	48		operating outside an urban district:
49	49		(1) 60 miles per hour if the bus has passed a
50	50		commercial motor vehicle inspection under Section 548.201 and is
51	51		operating on a highway numbered by this state or the United States,
52	52		including a farm-to-market or ranch-to-market road; or
53	53		(2) 50 miles per hour if Subdivision (1) does not
54	54		apply.
55	55		SECTION 2. Section 545.353, Transportation Code, is amended
56	56		to read as follows:
57	57		Sec. 545.353. AUTHORITY OF TEXAS DEPARTMENT OF
58	58		TRANSPORTATION [COMMISSION] TO ALTER SPEED LIMITS. (a) If the
59	59		Texas Department of Transportation [Commission] determines from
60	60		the results of an engineering and traffic investigation that a
61	61		prima facie speed limit in this subchapter is unreasonable or
62	62		unsafe on a part of the highway system, the executive director or a
63	63		deputy director of the Texas Department of Transportation
64	64		[commission, by order recorded in its minutes], [and] except as
65	65		provided in Subsection (d), may determine and declare, in writing:
66	66		(1) a reasonable and safe prima facie speed limit; and
67	67		(2) another reasonable and safe speed because of wet
68	68		or inclement weather.
69	69		(b) In determining whether a prima facie speed limit on a
70	70		part of the highway system is reasonable and safe, the Texas
71	71		Department of Transportation [commission] shall consider:
72	72		(1) the results of an engineering and traffic
73	73		investigation;
74	74		(2) the width and condition of the pavement;
75	75		(3) [,] the usual traffic at the affected area;[,] and
76	76		(4) other circumstances.
77	77		(c) The Texas Department of Transportation shall provide
78	78		notice of a prima facie speed limit declared under this section on
79	79		the agency's Internet website for at least one year after the date
80	80		the speed limit is declared. The new [A prima facie speed] limit
81	81		[that is declared by the commission under this section] is
82	82		effective when the Texas Department of Transportation [commission]
83	83		erects signs giving notice of the new limit. A new limit that is
84	84		enacted for a highway under this section is effective at all times
85	85		or at other times as determined.
86	86		(d) The Texas Department of Transportation [Except as
87	87		provided by Subsection (h-1), the commission] may not:
88	88		(1) modify the requirements of [rules established by]
89	89		Section 545.351(b);
90	90		(2) except as provided by Subsection (d-1), establish
91	91		a speed limit of more than 75 miles per hour; [or]
92	92		(3) increase the speed limit for a school bus; or
93	93		(4) establish, or agree to establish, a speed limit
94	94		for environmental purposes on a part of the highway system [vehicle
95	95		described by Section 545.352(b)(4)].
96	96		(d-1) The Texas Department of Transportation may establish
97	97		the following prima facie speed limits under this section if the
98	98		agency determines that the speeds are reasonable and safe:
99	99		(1) up to 80 miles per hour on a part of Interstate
100	100		Highway 10 or Interstate Highway 20 in Crockett, Culberson,
101	101		Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton, or Ward
102	102		County; or
103	103		(2) up to 85 miles per hour on a part of the state
104	104		highway system if that part of the highway system is designed to
105	105		accommodate travel at that established speed or a higher speed.
106	106		(e) The Texas Department of Transportation shall develop
107	107		and publish a manual that provides the information and procedures
108	108		necessary to establish a speed zone or an advisory speed on the
109	109		state highway system. The Texas Department of Transportation shall
110	110		follow the procedures in the manual when [commission, in]
111	111		conducting an [the] engineering and traffic investigation for the
112	112		purposes of this section [specified by Subsection (a), shall follow
113	113		the "Procedure for Establishing Speed Zones" as adopted by the
114	114		commission]. The Texas Department of Transportation [commission]
115	115		may revise the manual [procedure] to accommodate technological
116	116		advancement in traffic operation, the design and construction of
117	117		highways and motor vehicles, and the safety of the motoring public.
118	118		(f) The [commission's] authority of the Texas Department of
119	119		Transportation to alter speed limits applies:
120	120		(1) to any part of a highway officially designated or
121	121		marked by the commission as part of the state highway system; and
122	122		(2) both inside and outside the limits of a
123	123		municipality, including a home-rule municipality, for a
124	124		limited-access or controlled-access highway.
125	125		(g) For purposes of this section, "wet or inclement weather"
126	126		means a condition of the roadway that makes driving on the roadway
127	127		unsafe and hazardous and that is caused by precipitation, including
128	128		water, ice, and snow.
129	129		[(h) Notwithstanding Section 545.352(b), the commission may
130	130		establish a speed limit of 75 miles per hour on a part of the highway
131	131		system if the commission determines that 75 miles per hour is a
132	132		reasonable and safe speed for that part of the highway system.
133	133		[(h-1) Notwithstanding Section 545.352(b), the commission
134	134		may establish a speed limit of 80 miles per hour on a part of
135	135		Interstate Highway 10 or Interstate Highway 20 in Crockett,
136	136		Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves,
137	137		Sutton, or Ward County if the commission determines that 80 miles
138	138		per hour is a reasonable and safe speed for that part of the
139	139		highway.
140	140		[(h-2) Notwithstanding Section 545.352(b), the commission
141	141		may establish a speed limit not to exceed 85 miles per hour on a part
142	142		of the state highway system if:
143	143		[(1) that part of the highway system is designed to
144	144		accommodate travel at that established speed or a higher speed; and
145	145		[(2) the commission determines, after an engineering
146	146		and traffic investigation, that the established speed limit is
147	147		reasonable and safe for that part of the highway system.
148	148		[(j) The commission may not determine or declare, or agree
149	149		to determine or declare, a prima facie speed limit for
150	150		environmental purposes on a part of the highway system.]
151	151		SECTION 3. Section 545.3535, Transportation Code, is
152	152		amended to read as follows:
153	153		Sec. 545.3535. AUTHORITY OF TEXAS DEPARTMENT OF
154	154		TRANSPORTATION [COMMISSION] TO ALTER SPEED LIMITS ON CERTAIN ROADS.
155	155		(a) The commissioners court of a county by resolution may request
156	156		that the Texas Department of Transportation [Commission to]
157	157		determine and declare a reasonable and safe prima facie speed limit
158	158		that is lower than a speed limit established by Section 545.352 on
159	159		any part of a farm-to-market or a ranch-to-market road of the
160	160		highway system that is located in that county and is without
161	161		improved shoulders.
162	162		(b) The Texas Department of Transportation [commission]
163	163		shall give consideration to local public opinion and may determine
164	164		and declare a lower speed limit on any part of the road without an
165	165		engineering and traffic investigation, but the agency [commission]
166	166		must use sound and generally accepted traffic engineering practices
167	167		in determining and declaring the lower speed limit.
168	168		(c) The Texas Department of Transportation [commission by
169	169		rule] shall establish standards for determining lower speed limits
170	170		within a set range.
171	171		SECTION 4. Section 545.355(a), Transportation Code, is
172	172		amended to read as follows:
173	173		(a) The commissioners court of a county, for a county road
174	174		or highway outside the limits of the right-of-way of an officially
175	175		designated or marked highway or road of the state highway system and
176	176		outside a municipality, has the same authority to increase prima
177	177		facie speed limits from the results of an engineering and traffic
178	178		investigation as the Texas Department of Transportation
179	179		[Commission] on an officially designated or marked highway of the
180	180		state highway system.
181	181		SECTION 5. Sections 545.356(a) and (b), Transportation
182	182		Code, are amended to read as follows:
183	183		(a) The governing body of a municipality, for a highway or
184	184		part of a highway in the municipality, including a highway of the
185	185		state highway system, has the same authority to alter by ordinance
186	186		prima facie speed limits from the results of an engineering and
187	187		traffic investigation as the Texas Department of Transportation
188	188		[Commission] on an officially designated or marked highway of the
189	189		state highway system. The governing body of a municipality may not
190	190		modify the rule established by Section 545.351(a) or establish a
191	191		speed limit of more than 75 miles per hour.
192	192		(b) The governing body of a municipality, for a highway or
193	193		part of a highway in the municipality, including a highway of the
194	194		state highway system, has the same authority to alter prima facie
195	195		speed limits from the results of an engineering and traffic
196	196		investigation as the Texas Department of Transportation
197	197		[commission] for an officially designated or marked highway of the
198	198		state highway system, when the highway or part of the highway is
199	199		under repair, construction, or maintenance. A municipality may
200	200		not modify the rule established by Section 545.351(a) or establish
201	201		a speed limit of more than 75 miles per hour.
202	202		SECTION 6. Section 545.358, Transportation Code, is amended
203	203		to read as follows:
204	204		Sec. 545.358. AUTHORITY OF COMMANDING OFFICER OF UNITED
205	205		STATES MILITARY RESERVATION TO ALTER SPEED LIMITS. The commanding
206	206		officer of a United States military reservation, for a highway or
207	207		part of a highway in the military reservation, including a highway
208	208		of the state highway system, has the same authority by order to
209	209		alter prima facie speed limits from the results of an engineering
210	210		and traffic investigation as the Texas Department of Transportation
211	211		[Commission] for an officially designated or marked highway of the
212	212		state highway system. A commanding officer may not modify the rule
213	213		established by Section 545.351(a) or establish a speed limit of
214	214		more than 75 miles per hour.
215	215		SECTION 7. Section 545.359, Transportation Code, is amended
216	216		to read as follows:
217	217		Sec. 545.359. CONFLICTING DESIGNATED SPEED LIMITS. A prima
218	218		facie [An order of the Texas Transportation Commission declaring a]
219	219		speed limit declared for [on] a part of a designated or marked route
220	220		of the state highway system [made] under Section 545.353 or 545.362
221	221		supersedes a [any] conflicting [designated] speed limit
222	222		established under Section [Sections] 545.356 or [and] 545.358.
223	223		SECTION 8. Section 545.361(e), Transportation Code, is
224	224		amended to read as follows:
225	225		(e) The Texas Department of Transportation [Commission],
226	226		for a state highway or [, the Texas Turnpike Authority, for] any
227	227		part of a turnpike constructed and maintained by the state
228	228		[authority], or [and] a local authority for a highway under the
229	229		jurisdiction of the local authority, may investigate a bridge or
230	230		other elevated structure that is a part of a highway. If after
231	231		conducting the investigation the agency [commission, turnpike
232	232		authority,] or local authority finds that the structure cannot
233	233		safely withstand vehicles traveling at a speed otherwise
234	234		permissible under this subtitle, the agency [commission, turnpike
235	235		authority,] or local authority shall:
236	236		(1) determine and declare the maximum speed of
237	237		vehicles that the structure can safely withstand; and
238	238		(2) post and maintain signs before each end of the
239	239		structure stating the maximum speed.
240	240		SECTION 9. Sections 545.362(a), (c), (d), (e), (f), (g),
241	241		(h), (i), and (j), Transportation Code, are amended to read as
242	242		follows:
243	243		(a) Subject to Subsection (c), the Texas Department of
244	244		Transportation [Commission] may enter an order establishing prima
245	245		facie speed limits of not more than 75 miles per hour applicable to
246	246		all highways, including a turnpike under the authority of the Texas
247	247		Turnpike Authority or a highway under the control of a municipality
248	248		or county. An order entered under this section does not have the
249	249		effect of increasing a speed limit on any highway.
250	250		(c) An order may be issued under Subsection (a) only if the
251	251		Texas Department of Transportation [commission] finds and states in
252	252		the order that:
253	253		(1) a severe shortage of motor fuel or other petroleum
254	254		product exists, the shortage was caused by war, national emergency,
255	255		or other circumstances, and a reduction of speed limits will foster
256	256		conservation and safety; or
257	257		(2) the failure to alter state speed limits will
258	258		prevent the state from receiving money from the United States for
259	259		highway purposes.
260	260		(d) Unless a specific speed limit is required by federal law
261	261		or directive under threat of loss of highway money of the United
262	262		States, the Texas Department of Transportation [commission] may not
263	263		set prima facie speed limits under this section of all vehicles at
264	264		less than 60 miles per hour, except on a divided highway of at least
265	265		four lanes, for which the Texas Department of Transportation
266	266		[commission] may not set prima facie speed limits of all vehicles at
267	267		less than 65 miles per hour.
268	268		(e) Before the Texas Department of Transportation
269	269		[commission] may enter an order establishing a prima facie speed
270	270		limit, it must hold a public hearing preceded by the publication in
271	271		at least three newspapers of general circulation in the state of a
272	272		notice of the date, time, and place of the hearing and of the action
273	273		proposed to be taken. The notice must be published at least 12 days
274	274		before the date of the hearing. At the hearing, all interested
275	275		persons may present oral or written testimony regarding the
276	276		proposed order.
277	277		(f) If the Texas Department of Transportation [commission]
278	278		enters an order under this section, it shall file the order in the
279	279		office of the governor. The governor shall then make an independent
280	280		finding of fact and determine the existence of the facts in
281	281		Subsection (c). Before the 13th day after the date the order is
282	282		filed in the governor's office, the governor shall conclude the
283	283		finding of fact, issue a proclamation stating whether the necessary
284	284		facts exist to support the issuance of the [commission's] order,
285	285		and file copies of the order and the proclamation in the office of
286	286		the secretary of state.
287	287		(g) If the governor's proclamation states that the facts
288	288		necessary to support the issuance of the [commission's] order
289	289		exist, the order takes effect according to Subsection (h).
290	290		Otherwise, the order has no effect.
291	291		(h) In an order issued under this section, the Texas
292	292		Department of Transportation [commission] may specify the date the
293	293		order takes effect, but that date may not be sooner than the eighth
294	294		day after the date the order is filed with the governor. If the
295	295		order does not have an effective date, it takes effect on the 21st
296	296		day after the date it is filed with the governor. Unless the order
297	297		by its own terms expires earlier, it remains in effect until a
298	298		subsequent order adopted by the procedure prescribed by this
299	299		section amends or repeals it, except that an order adopted under
300	300		this section expires when this section expires. The procedure for
301	301		repealing an order is the same as for adopting an order, except that
302	302		the Texas Department of Transportation [commission] and the
303	303		governor must find that the facts required to support the issuance
304	304		of an order under Subsection (c) no longer exist.
305	305		(i) If an order is adopted in accordance with this section,
306	306		the Texas Department of Transportation [commission] and all
307	307		governmental authorities responsible for the maintenance of
308	308		highway speed limit signs shall take appropriate action to conceal
309	309		or remove all signs that give notice of a speed limit of more than
310	310		the one contained in the order and to erect appropriate signs. All
311	311		governmental entities responsible for administering traffic safety
312	312		programs and enforcing traffic laws shall use all available
313	313		resources to notify the public of the effect of the order. To
314	314		accomplish this purpose, the governmental entities shall request
315	315		the cooperation of all news media in the state.
316	316		(j) A change in speed limits under this section is effective
317	317		until the Texas Department of Transportation [commission] makes a
318	318		finding that the conditions in Subsection (c) require or authorize
319	319		an additional change in those speed limits or in the highway or
320	320		sections of highway to which those speed limits apply.
321	321		SECTION 10. Section 545.363(b), Transportation Code, is
322	322		amended to read as follows:
323	323		(b) When the Texas Department of Transportation
324	324		[Commission, the Texas Turnpike Authority], the commissioners
325	325		court of a county, or the governing body of a municipality, within
326	326		the jurisdiction of each, [as applicable,] as specified in this
327	327		subchapter [Sections 545.353 to 545.357], determines from the
328	328		results of an engineering and traffic investigation that slow
329	329		speeds on a part of a highway consistently impede the normal and
330	330		reasonable movement of traffic, the agency [commission,
331	331		authority], county commissioners court, or governing body may
332	332		determine and declare a minimum speed limit on the highway.
333	333		SECTION 11. Section 548.201(b), Transportation Code, is
334	334		amended to read as follows:
335	335		(b) A program under this section also applies to any:
336	336		(1) vehicle or combination of vehicles with a gross
337	337		weight rating of more than 10,000 pounds that is operated in
338	338		interstate commerce and registered in this state;
339	339		(2) school activity bus, as defined in Section
340	340		541.201, that has a gross weight, registered weight, or gross
341	341		weight rating of more than 26,000 pounds, or is designed to
342	342		transport more than 15 passengers, including the driver; and
343	343		(3) school bus that will operate at a speed authorized
344	344		by Section 545.352 [545.352(b)(5)(A)].
345	345		SECTION 12. Sections 545.357 and 545.360, Transportation
346	346		Code, are repealed.
347	347		SECTION 13. The change in law made by this Act applies only
348	348		to an offense committed on or after the effective date of this Act.
349	349		An offense committed before the effective date of this Act is
350	350		governed by the law in effect on the date the offense was committed,
351	351		and the former law is continued in effect for that purpose. For
352	352		purposes of this section, an offense was committed before the
353	353		effective date of this Act if any element of the offense occurred
354	354		before that date.
355	355		SECTION 14. This Act takes effect immediately if it
356	356		receives a vote of two-thirds of all the members elected to each
357	357		house, as provided by Section 39, Article III, Texas Constitution.
358	358		If this Act does not receive the vote necessary for immediate
359	359		effect, this Act takes effect September 1, 2015.