Texas 2015 - 84th Regular

Texas Senate Bill SB1717 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Ellis S.B. No. 1717
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to Prima Facie Speed Limits.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 545.352, Transportation Code, is amended
9	9	to read as follows:
10	10	(a) A speed in excess of the limits established by
11	11	Subsection (b) or under another provision of this subchapter is
12	12	prima facie evidence that the speed is not reasonable and prudent
13	13	and that the speed is unlawful.
14	14	(b) Unless a special hazard exists that requires a slower
15	15	speed for compliance with Section 545.351(b), the following speeds
16	16	are lawful:
17	17	(1) 25 miles per hour on a residential street in an
18	18	urban district;
19	19	(2)[(1)] 30 miles per hour in an urban district on a
20	20	street other than an alley or residential street and 15 miles per
21	21	hour in an alley;
22	22	(3)[(2)] except as provided by Subdivision (4), 70
23	23	miles per hour on a highway numbered by this state or the United
24	24	States outside an urban district, including a farm-to-market or
25	25	ranch-to-market road;
26	26	(4)[(3)] except as provided by Subdivision (4), 60
27	27	miles per hour on a highway that is outside an urban district and
28	28	not a highway numbered by this state or the United States;
29	29	(5)[(4)]outside an urban district:
30	30	(A) 60 miles per hour if the vehicle is a school
31	31	bus that has passed a commercial motor vehicle inspection under
32	32	Section 548.201 and is on a highway numbered by the United States or
33	33	this state, including a farm-to-market road; or
34	34	(B) 50 miles per hour if the vehicle is a school
35	35	bus that:
36	36	(i) has not passed a commercial motor
37	37	vehicle inspection under Section 548.201; or
38	38	(ii) is traveling on a highway not numbered
39	39	by the United States or this state;
40	40	(6)[(5)]on a beach, 15 miles per hour; or
41	41	(7)[(6)]on a county road adjacent to a public beach, 15
42	42	miles per hour, if declared by the commissioners court of the
43	43	county.
44	44	(c) The speed limits for a bus or other vehicle engaged in
45	45	the business of transporting passengers for compensation or hire,
46	46	for a commercial vehicle used as a highway post office vehicle for
47	47	highway post office service in the transportation of United States
48	48	mail, for a light truck, and for a school activity bus are the same
49	49	as required for a passenger car at the same time and location.
50	50	(d) In this section:
51	51	(1) "Interstate highway" means a segment of the
52	52	national system of interstate and defense highways that is:
53	53	(A) located in this state;
54	54	(B) officially designated by the Texas
55	55	Transportation Commission; and
56	56	(C) approved under Title 23, United States Code.
57	57	(2) "Light truck" means a truck with a manufacturer's
58	58	rated carrying capacity of not more than 2,000 pounds, including a
59	59	pick-up truck, panel delivery truck, and carry-all truck.
60	60	(3) "Urban district" means the territory adjacent to
61	61	and including a highway, if the territory is improved with
62	62	structures that are used for business, industry, or dwelling houses
63	63	and are located at intervals of less than 100 feet for a distance of
64	64	at least one-quarter mile on either side of the highway.
65	65	(4) "Residential street" means any street within an
66	66	urban district that is not classified as a thoroughfare or
67	67	collector where at least 75% of the street frontage is used for
68	68	single or multi-family residences.
69	69	(e) An entity that establishes or alters a speed limit under
70	70	this subchapter shall establish the same speed limit for daytime
71	71	and nighttime.
72	72	SECTION 2. Sec. 545.356, Transportation Code, is amended to
73	73	read as follows:
74	74	(a) The governing body of a municipality, for a highway or
75	75	part of a highway in the municipality, including a highway of the
76	76	state highway system, has the same authority to alter by ordinance
77	77	prima facie speed limits from the results of an engineering and
78	78	traffic investigation as the Texas Transportation Commission on an
79	79	officially designated or marked highway of the state highway
80	80	system. The governing body of a municipality may not modify the
81	81	rule established by Section 545.351(a) or establish a speed limit
82	82	of more than 75 miles per hour.
83	83	(b) The governing body of a municipality, for a highway or
84	84	part of a highway in the municipality, including a highway of the
85	85	state highway system, has the same authority to alter prima facie
86	86	speed limits from the results of an engineering and traffic
87	87	investigation as the commission for an officially designated or
88	88	marked highway of the state highway system, when the highway or part
89	89	of the highway is under repair, construction, or maintenance. A
90	90	municipality may not modify the rule established by Section
91	91	545.351(a) or establish a speed limit of more than 75 miles per
92	92	hour.
93	93	(b-1) Except as provided by Subsection (b-3), the governing
94	94	body of a municipality, for a highway or a part of a highway in the
95	95	municipality that is not an officially designated or marked highway
96	96	or road of the state highway system, may declare a lower speed limit
97	97	of not less than 20 [25] miles per hour, if the governing body
98	98	determines that the prima facie speed limit on the highway is
99	99	unreasonable or unsafe.
100	100	SECTION 3. This act takes effect September 1, 2015.