Texas 2019 - 86th Regular

Texas Senate Bill SB1183 Compare Versions

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

Old	New	Differences
1	1	86R12332 AAF-F
2	2	By: Campbell S.B. No. 1183
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the process for establishing speed limits on roads near
8	8	certain schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 545.355(b), Transportation Code, is
11	11	amended to read as follows:
12	12	(b) The commissioners court of a county may declare a lower
13	13	speed limit of not less than:
14	14	(1) 30 miles per hour on a county road or highway to
15	15	which this section applies, if the commissioners court determines
16	16	that the prima facie speed limit on the road or highway is
17	17	unreasonable or unsafe; [or]
18	18	(2) 20 miles per hour in a residence district, unless
19	19	the roadway has been designated as a major thoroughfare by a city
20	20	planning commission; or
21	21	(3) 15 miles per hour on a county road or highway
22	22	located within 500 feet of an elementary, secondary, or
23	23	open-enrollment charter school or an institution of higher
24	24	education, if approved under Section 545.357.
25	25	SECTION 2. Section 545.357, Transportation Code, is amended
26	26	to read as follows:
27	27	Sec. 545.357. CONSIDERATION OF [PUBLIC HEARING TO CONSIDER]
28	28	SPEED LIMITS WHERE CERTAIN SCHOOLS ARE LOCATED. (a) The governing
29	29	body of a municipality in which a public or private elementary or
30	30	secondary school, an open-enrollment charter school, or an
31	31	institution of higher education [as defined by Section 61.003(8) or
32	32	(15), Education Code,] is located shall, on request of the
33	33	governing body of a school or institution of higher education, hold
34	34	a public hearing at least once each calendar year to consider prima
35	35	facie speed limits on a highway in the municipality, including a
36	36	highway of the state highway system, near the school or institution
37	37	of higher education.
38	38	(b) If a county road outside the state highway system is
39	39	located within 500 feet of a public or private elementary or
40	40	secondary school, an open-enrollment charter school, or an
41	41	institution of higher education that is not in a municipality, the
42	42	commissioners court of the county, on request of the governing body
43	43	of a school or institution of higher education, shall hold a public
44	44	hearing at least once each calendar year to consider the prima facie
45	45	speed limit on the road near the school or institution of higher
46	46	education.
47	47	(c) A municipal governing body or commissioners court, on
48	48	request of the governing body of a school or institution of higher
49	49	education, may hold one public hearing for all public and private
50	50	elementary and secondary schools, open-enrollment charter schools,
51	51	and institutions of higher education in its jurisdiction.
52	52	(d) The Texas Transportation Commission, on request of the
53	53	governing body of a school or institution of higher education,
54	54	shall hold a public hearing at least once each calendar year to
55	55	consider prima facie speed limits on highways in the state highway
56	56	system that are near public or private elementary or secondary
57	57	schools, open-enrollment charter schools, or institutions of
58	58	higher education.
59	59	(e) The municipal governing body, the commissioners court,
60	60	or the Texas Transportation Commission, as applicable, may not
61	61	reject a request for a prima facie speed limit by a public or
62	62	private elementary or secondary school, an open-enrollment charter
63	63	school, or an institution of higher education without first making
64	64	a written finding stating a reasonable basis for the rejection.
65	65	(f) The governing body of a school or institution of higher
66	66	education may appeal a rejection of a request for a prima facie
67	67	speed limit under this section to the district court of the county
68	68	in which the school or institution is located not later than the
69	69	90th day after the date the written finding is made. If the
70	70	governing body shows by clear and convincing evidence that the
71	71	rejection of the request was not based on accepted traffic
72	72	management principles, the district court may grant the requested
73	73	prima facie speed limit.
74	74	(g) The governing body of a school or institution of higher
75	75	education may consult with the Texas Department of Transportation,
76	76	the Texas Transportation Commission, and local transportation
77	77	authorities on the feasibility of a prima facie speed limit during
78	78	the acquisition and design of property for a public or private
79	79	elementary or secondary school, an open-enrollment charter school,
80	80	or an institution of higher education.
81	81	(h) In this section:
82	82	(1) "Governing body of a school or institution of
83	83	higher education" means:
84	84	(A) the board of trustees of the school district
85	85	in which a public elementary or secondary school is located;
86	86	(B) the governing body of a private elementary or
87	87	secondary school;
88	88	(C) the governing body of an open-enrollment
89	89	charter school; or
90	90	(D) the governing board of an institution of
91	91	higher education.
92	92	(2) "Institution of higher education" means an
93	93	institution of higher education or a private or independent
94	94	institution of higher education, as those terms are defined by
95	95	Section 61.003, Education Code.
96	96	(3) "Open-enrollment charter school" means a school
97	97	that has been granted a charter under Subchapter D or E, Chapter 12,
98	98	Education Code.
99	99	SECTION 3. This Act takes effect September 1, 2019.