By: Ellis S.B. No. 1717
A BILL TO BE ENTITLED
AN ACT
relating to Prima Facie Speed Limits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.352, Transportation Code, is amended
to read as follows:
(a) A speed in excess of the limits established by
Subsection (b) or under another provision of this subchapter is
prima facie evidence that the speed is not reasonable and prudent
and that the speed is unlawful.
(b) Unless a special hazard exists that requires a slower
speed for compliance with Section 545.351(b), the following speeds
are lawful:
(1) 25 miles per hour on a residential street in an
urban district;
(2)[(1)] 30 miles per hour in an urban district on a
street other than an alley or residential street and 15 miles per
hour in an alley;
(3)[(2)] except as provided by Subdivision (4), 70
miles per hour on a highway numbered by this state or the United
States outside an urban district, including a farm-to-market or
ranch-to-market road;
(4)[(3)] except as provided by Subdivision (4), 60
miles per hour on a highway that is outside an urban district and
not a highway numbered by this state or the United States;
(5)[(4)]outside an urban district:
(A) 60 miles per hour if the vehicle is a school
bus that has passed a commercial motor vehicle inspection under
Section 548.201 and is on a highway numbered by the United States or
this state, including a farm-to-market road; or
(B) 50 miles per hour if the vehicle is a school
bus that:
(i) has not passed a commercial motor
vehicle inspection under Section 548.201; or
(ii) is traveling on a highway not numbered
by the United States or this state;
(6)[(5)]on a beach, 15 miles per hour; or
(7)[(6)]on a county road adjacent to a public beach, 15
miles per hour, if declared by the commissioners court of the
county.
(c) The speed limits for a bus or other vehicle engaged in
the business of transporting passengers for compensation or hire,
for a commercial vehicle used as a highway post office vehicle for
highway post office service in the transportation of United States
mail, for a light truck, and for a school activity bus are the same
as required for a passenger car at the same time and location.
(d) In this section:
(1) "Interstate highway" means a segment of the
national system of interstate and defense highways that is:
(A) located in this state;
(B) officially designated by the Texas
Transportation Commission; and
(C) approved under Title 23, United States Code.
(2) "Light truck" means a truck with a manufacturer's
rated carrying capacity of not more than 2,000 pounds, including a
pick-up truck, panel delivery truck, and carry-all truck.
(3) "Urban district" means the territory adjacent to
and including a highway, if the territory is improved with
structures that are used for business, industry, or dwelling houses
and are located at intervals of less than 100 feet for a distance of
at least one-quarter mile on either side of the highway.
(4) "Residential street" means any street within an
urban district that is not classified as a thoroughfare or
collector where at least 75% of the street frontage is used for
single or multi-family residences.
(e) An entity that establishes or alters a speed limit under
this subchapter shall establish the same speed limit for daytime
and nighttime.
SECTION 2. Sec. 545.356, Transportation Code, is amended to
read as follows:
(a) The governing body of a municipality, for a highway or
part of a highway in the municipality, including a highway of the
state highway system, has the same authority to alter by ordinance
prima facie speed limits from the results of an engineering and
traffic investigation as the Texas Transportation Commission on an
officially designated or marked highway of the state highway
system. The governing body of a municipality may not modify the
rule established by Section 545.351(a) or establish a speed limit
of more than 75 miles per hour.
(b) The governing body of a municipality, for a highway or
part of a highway in the municipality, including a highway of the
state highway system, has the same authority to alter prima facie
speed limits from the results of an engineering and traffic
investigation as the commission for an officially designated or
marked highway of the state highway system, when the highway or part
of the highway is under repair, construction, or maintenance. A
municipality may not modify the rule established by Section
545.351(a) or establish a speed limit of more than 75 miles per
hour.
(b-1) Except as provided by Subsection (b-3), the governing
body of a municipality, for a highway or a part of a highway in the
municipality that is not an officially designated or marked highway
or road of the state highway system, may declare a lower speed limit
of not less than 20 [25] miles per hour, if the governing body
determines that the prima facie speed limit on the highway is
unreasonable or unsafe.
SECTION 3. This act takes effect September 1, 2015.