2017S0390-1 03/03/17
By: Seliger S.B. No. 1327
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a district engineer for the Texas
Department of Transportation to temporarily lower speed limits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 545, Transportation Code,
is amended by adding Section 545.3531 to read as follows:
Sec. 545.3531. AUTHORITY OF DISTRICT ENGINEERS TO
TEMPORARILY LOWER SPEED LIMITS. (a) In this section, "hazard"
means:
(1) wet or inclement weather, as defined by Section
545.353;
(2) construction or maintenance activity; or
(3) any other hazardous condition.
(b) A district engineer may temporarily lower a prima facie
speed limit for a highway or part of a highway in a district if the
district engineer determines that the prima facie speed limit for
the highway or part of highway is unreasonable or unsafe because of
a hazard.
(c) A district engineer may temporarily lower a prima facie
speed limit under this section without the approval of or
permission from the Texas Transportation Commission.
(d) A temporary speed limit established under this section:
(1) is a prima facie prudent and reasonable speed
limit enforceable in the same manner as other prima facie speed
limits established under other provisions of this subchapter; and
(2) supersedes any other established speed limit that
would permit a person to operate a motor vehicle at a higher rate of
speed.
(e) A district engineer who temporarily lowers a speed limit
shall:
(1) place and maintain at the hazard site temporary
speed limit signs that conform to the manual and specifications
adopted under Section 544.001;
(2) temporarily conceal all other signs on the highway
or part of a highway affected by the hazard that give notice of a
speed limit that would permit a person to operate a motor vehicle at
a higher rate of speed; and
(3) remove all temporary speed limit signs placed
under Subdivision (1) and concealments of other signs placed under
Subdivision (2) when the district engineer finds that there is no
longer a hazard and all equipment is removed from the hazard site.
(f) A temporary speed limit established under this section
is effective when the district engineer, as required under
Subsection (e), places temporary speed limit signs and conceals
other signs that would permit a person to operate a motor vehicle at
a higher rate of speed.
(g) A temporary speed limit established under this section
is effective until the district engineer:
(1) finds that there is no longer a hazard; and
(2) removes all temporary signs, concealments, and
equipment used at the hazard site.
SECTION 2. This Act takes effect September 1, 2017.