By: Seliger S.B. No. 1327
(In the Senate - Filed March 6, 2017; March 14, 2017, read
first time and referred to Committee on Transportation;
April 3, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 3, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1327 By: Hall
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:
(A) the district engineer finds that there is no
longer a hazard and all equipment is removed from the hazard site;
or
(B) the temporary speed limit expires under
Subsection (g).
(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 earlier of:
(1) the 30th day after the date the limit becomes
effective; or
(2) the next meeting of the Texas Transportation
Commission.
SECTION 2. This Act takes effect September 1, 2017.
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