Texas 2015 - 84th Regular

Texas House Bill HB509 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R20636 AAF-D
2	2		By: Raney H.B. No. 509
3		-	Substitute the following for H.B. No. 509:
4		-	By: Pickett C.S.H.B. No. 509
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the process for establishing speed limits on roads near
10	8		certain schools.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 545.355(b), Transportation Code, is
13	11		amended to read as follows:
14	12		(b) The commissioners court of a county may declare a lower
15	13		speed limit of not less than:
16	14		(1) 30 miles per hour on a county road or highway to
17	15		which this section applies, if the commissioners court determines
18	16		that the prima facie speed limit on the road or highway is
19	17		unreasonable or unsafe; [or]
20	18		(2) 20 miles per hour in a residence district, unless
21	19		the roadway has been designated as a major thoroughfare by a city
22	20		planning commission; or
23	21		(3) 15 miles per hour on a county road or highway
24	22		located within 500 feet of an elementary, secondary, or
25	23		open-enrollment charter school or an institution of higher
26	24		education, if approved under Section 545.357.
27	25		SECTION 2. Section 545.357, Transportation Code, is amended
28	26		to read as follows:
29	27		Sec. 545.357. CONSIDERATION OF [PUBLIC HEARING TO CONSIDER]
30	28		SPEED LIMITS WHERE CERTAIN SCHOOLS ARE LOCATED. (a) The governing
31	29		body of a municipality in which a public or private elementary or
32	30		secondary school, an open-enrollment charter school as defined by
33	31		Section 5.001(6), Education Code, or an institution of higher
34	32		education as defined by Section 61.003(8) or (15), Education Code,
35	33		is located shall, on request of the governing body of a school or
36	34		institution of higher education, hold a public hearing at least
37	35		once each calendar year to consider prima facie speed limits on a
38	36		highway in the municipality, including a highway of the state
39	37		highway system, near the school or institution of higher education.
40	38		(b) If a county road outside the state highway system is
41	39		located within 500 feet of a public or private elementary or
42	40		secondary school, an open-enrollment charter school, or an
43	41		institution of higher education that is not in a municipality, the
44	42		commissioners court of the county, on request of the governing body
45	43		of a school or institution of higher education, shall hold a public
46	44		hearing at least once each calendar year to consider the prima facie
47	45		speed limit on the road near the school or institution of higher
48	46		education.
49	47		(c) A municipal governing body or commissioners court, on
50	48		request of the governing body of a school or institution of higher
51	49		education, may hold one public hearing for all public and private
52	50		elementary and secondary schools, open-enrollment charter schools,
53	51		and institutions of higher education in its jurisdiction.
54	52		(d) The Texas Transportation Commission, on request of the
55	53		governing body of a school or institution of higher education,
56	54		shall hold a public hearing at least once each calendar year to
57	55		consider prima facie speed limits on highways in the state highway
58	56		system that are near public or private elementary or secondary
59	57		schools, open-enrollment charter schools, or institutions of
60	58		higher education.
61	59		(e) The municipal governing body, the commissioners court,
62	60		or the Texas Transportation Commission, as applicable, may not
63	61		reject a request for a prima facie speed limit by a public or
64	62		private elementary or secondary school, an open-enrollment charter
65	63		school, or an institution of higher education without first making
66	64		a written finding stating a reasonable basis for the rejection.
67	65		(f) The governing body of a school or institution of higher
68	66		education may appeal a rejection of a request for a prima facie
69	67		speed limit under this section to the district court of the county
70	68		in which the school or institution is located not later than the
71	69		90th day after the date the written finding is made. If the
72	70		governing body shows by clear and convincing evidence that the
73	71		rejection of the request was not based on accepted traffic
74	72		management principles, the district court may grant the requested
75	73		prima facie speed limit.
76	74		(g) The governing body of a school or institution of higher
77	75		education may consult with the Texas Department of Transportation,
78	76		the Texas Transportation Commission, and local transportation
79	77		authorities on the feasibility of a prima facie speed limit during
80	78		the acquisition and design of property for a public or private
81	79		elementary or secondary school, an open-enrollment charter school,
82	80		or an institution of higher education.
83	81		(h) In this section, "governing body of a school or
84	82		institution of higher education" means:
85	83		(1) the board of trustees of the school district in
86	84		which a public elementary or secondary school is located;
87	85		(2) the governing body of a private elementary or
88	86		secondary school;
89	87		(3) the governing body of an open-enrollment charter
90	88		school; or
91	89		(4) the governing board of an institution of higher
92	90		education.
93	91		SECTION 3. This Act takes effect September 1, 2015.