Texas 2019 - 86th Regular

Texas House Bill HB3871 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3871
	1	+	By: Krause (Senate Sponsor - Lucio) H.B. No. 3871
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on
	4	+	Transportation; May 19, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3871 By: Schwertner
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the process for establishing speed limits on roads near
6	14		certain schools.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 545.355(b), Transportation Code, is
9	17		amended to read as follows:
10	18		(b) The commissioners court of a county may declare a lower
11	19		speed limit of not less than:
12	20		(1) 30 miles per hour on a county road or highway to
13	21		which this section applies, if the commissioners court determines
14	22		that the prima facie speed limit on the road or highway is
15	23		unreasonable or unsafe; or
16	24		(2) 20 miles per hour:
17	25		(A) in a residence district, unless the roadway
18	26		has been designated as a major thoroughfare by a city planning
19	27		commission; or
20	28		(B) on a county road or highway to which this
21	29		section applies that is located within 500 feet of an elementary,
22	30		secondary, or open-enrollment charter school or an institution of
23	31		higher education, if approved under Section 545.357.
24	32		SECTION 2. Section 545.357, Transportation Code, is amended
25	33		to read as follows:
26	34		Sec. 545.357. CONSIDERATION OF [PUBLIC HEARING TO CONSIDER]
27	35		SPEED LIMITS WHERE CERTAIN SCHOOLS ARE LOCATED. (a) The governing
28	36		body of a municipality in which a public or private elementary or
29	37		secondary school, an open-enrollment charter school, or an
30	38		institution of higher education [as defined by Section 61.003(8) or
31	39		(15), Education Code,] is located shall, on request of the
32	40		governing body of a school or institution of higher education, hold
33	41		a public hearing at least once each calendar year to consider prima
34	42		facie speed limits on a highway in the municipality, including a
35	43		highway of the state highway system, near the school or institution
36	44		of higher education.
37	45		(b) If a county road outside the state highway system is
38	46		located within 500 feet of a public or private elementary or
39	47		secondary school, an open-enrollment charter school, or an
40	48		institution of higher education that is not in a municipality, the
41	49		commissioners court of the county, on request of the governing body
42	50		of a school or institution of higher education, shall hold a public
43	51		hearing at least once each calendar year to consider the prima facie
44	52		speed limit on the road near the school or institution of higher
45	53		education.
46	54		(c) A municipal governing body or commissioners court, on
47	55		request of the governing body of a school or institution of higher
48	56		education, may hold one public hearing for all public and private
49	57		elementary and secondary schools, open-enrollment charter schools,
50	58		and institutions of higher education in its jurisdiction.
51	59		(d) The Texas Transportation Commission, on request of the
52	60		governing body of a school or institution of higher education,
53	61		shall hold a public hearing at least once each calendar year to
54	62		consider prima facie speed limits on highways in the state highway
55	63		system that are near public or private elementary or secondary
56	64		schools, open-enrollment charter schools, or institutions of
57	65		higher education.
58	66		(e) On request of the governing body of a school or
59	67		institution of higher education following a public hearing held
60	68		under this section, the commissioners court, municipal governing
61	69		body, or Texas Transportation Commission, as applicable, shall
62	70		conduct an engineering and traffic investigation for the highway or
63	71		road that is the subject of the request. On review of the results of
64	72		the investigation, the commissioners court, municipal governing
65	73		body, or Texas Transportation Commission has the same authority and
66	74		discretion to alter prima facie speed limits as provided by Section
67	75		545.353, 545.355, or 545.356, as applicable. Following each public
68	76		hearing held under this section, the governing body of a school or
69	77		institution of higher education may make only one request under
70	78		this subsection for an engineering and traffic investigation.
71	79		(f) In this section:
72	80		(1) "Governing body of a school or institution of
73	81		higher education" means:
74	82		(A) the board of trustees of the school district
75	83		in which a public elementary or secondary school is located;
76	84		(B) the governing body of a private elementary or
77	85		secondary school;
78	86		(C) the governing body of an open-enrollment
79	87		charter school; or
80	88		(D) the governing board of an institution of
81	89		higher education.
82	90		(2) "Institution of higher education" means an
83	91		institution of higher education or a private or independent
84	92		institution of higher education, as those terms are defined by
85	93		Section 61.003, Education Code.
86	94		(3) "Open-enrollment charter school" has the meaning
87	95		assigned by Section 5.001, Education Code.
88	96		SECTION 3. This Act takes effect September 1, 2019.
89		-	______________________________ ______________________________
90		-	President of the Senate Speaker of the House
91		-	I certify that H.B. No. 3871 was passed by the House on May 3,
92		-	2019, by the following vote: Yeas 140, Nays 0, 2 present, not
93		-	voting; and that the House concurred in Senate amendments to H.B.
94		-	No. 3871 on May 24, 2019, by the following vote: Yeas 139, Nays 0,
95		-	2 present, not voting.
96		-	______________________________
97		-	Chief Clerk of the House
98		-	I certify that H.B. No. 3871 was passed by the Senate, with
99		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
100		-	0.
101		-	______________________________
102		-	Secretary of the Senate
103		-	APPROVED: __________________
104		-	Date
105		-	__________________
106		-	Governor
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