Texas 2019 - 86th Regular

Texas Senate Bill SB1553 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R9833 AAF-D
1	2		By: Lucio S.B. No. 1553
2		-	(In the Senate - Filed March 5, 2019; March 14, 2019, read
3		-	first time and referred to Committee on Transportation;
4		-	April 23, 2019, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 8, Nays 1; April 23, 2019,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1553 By: West
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the process for establishing speed limits on roads near
14	8		certain schools.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Section 545.355(b), Transportation Code, is
17	11		amended to read as follows:
18	12		(b) The commissioners court of a county may declare a lower
19	13		speed limit of not less than:
20	14		(1) 30 miles per hour on a county road or highway to
21	15		which this section applies, if the commissioners court determines
22	16		that the prima facie speed limit on the road or highway is
23	17		unreasonable or unsafe; or
24	18		(2) 20 miles per hour:
25	19		(A) in a residence district, unless the roadway
26	20		has been designated as a major thoroughfare by a city planning
27	21		commission; or
28	22		(B) on a county road or highway to which this
29	23		section applies that is located within 500 feet of an elementary,
30	24		secondary, or open-enrollment charter school or an institution of
31	25		higher education, if approved under Section 545.357.
32	26		SECTION 2. Section 545.357, Transportation Code, is amended
33	27		to read as follows:
34	28		Sec. 545.357. CONSIDERATION OF [PUBLIC HEARING TO CONSIDER]
35	29		SPEED LIMITS WHERE CERTAIN SCHOOLS ARE LOCATED. (a) The governing
36	30		body of a municipality in which a public or private elementary or
37	31		secondary school, an open-enrollment charter school, or an
38	32		institution of higher education [as defined by Section 61.003(8) or
39	33		(15), Education Code,] is located shall, on request of the
40	34		governing body of a school or institution of higher education, hold
41	35		a public hearing at least once each calendar year to consider prima
42	36		facie speed limits on a highway in the municipality, including a
43	37		highway of the state highway system, near the school or institution
44	38		of higher education.
45	39		(b) If a county road outside the state highway system is
46	40		located within 500 feet of a public or private elementary or
47	41		secondary school, an open-enrollment charter school, or an
48	42		institution of higher education that is not in a municipality, the
49	43		commissioners court of the county, on request of the governing body
50	44		of a school or institution of higher education, shall hold a public
51	45		hearing at least once each calendar year to consider the prima facie
52	46		speed limit on the road near the school or institution of higher
53	47		education.
54	48		(c) A municipal governing body or commissioners court, on
55	49		request of the governing body of a school or institution of higher
56	50		education, may hold one public hearing for all public and private
57	51		elementary and secondary schools, open-enrollment charter schools,
58	52		and institutions of higher education in its jurisdiction.
59	53		(d) The Texas Transportation Commission, on request of the
60	54		governing body of a school or institution of higher education,
61	55		shall hold a public hearing at least once each calendar year to
62	56		consider prima facie speed limits on highways in the state highway
63	57		system that are near public or private elementary or secondary
64	58		schools, open-enrollment charter schools, or institutions of
65	59		higher education.
66		-	(e) On request of the governing body of a school or
67		-	institution of higher education following a public hearing held
68		-	under this section, the commissioners court, municipal governing
69		-	body, or Texas Transportation Commission, as applicable, shall
70		-	conduct an engineering and traffic investigation for the highway or
71		-	road that is the subject of the request. On review of the results of
	60	+	(e) After a public hearing held under this section, the
	61	+	governing body of a school or institution of higher education may
	62	+	request the commissioners court, municipal governing body, or Texas
	63	+	Transportation Commission, as applicable, to conduct an
	64	+	engineering and traffic investigation. On review of the results of
72	65		the investigation, the commissioners court, municipal governing
73	66		body, or Texas Transportation Commission has the same authority and
74	67		discretion to alter prima facie speed limits as provided by Section
75		-	545.353, 545.355, or 545.356, as applicable. Following each public
76		-	hearing held under this section, the governing body of a school or
77		-	institution of higher education may make only one request under
78		-	this subsection for an engineering and traffic investigation.
	68	+	545.353, 545.355, or 545.356, as applicable.
79	69		(f) In this section:
80	70		(1) "Governing body of a school or institution of
81	71		higher education" means:
82	72		(A) the board of trustees of the school district
83	73		in which a public elementary or secondary school is located;
84	74		(B) the governing body of a private elementary or
85	75		secondary school;
86	76		(C) the governing body of an open-enrollment
87	77		charter school; or
88	78		(D) the governing board of an institution of
89	79		higher education.
90	80		(2) "Institution of higher education" means an
91	81		institution of higher education or a private or independent
92	82		institution of higher education, as those terms are defined by
93	83		Section 61.003, Education Code.
94	84		(3) "Open-enrollment charter school" has the meaning
95	85		assigned by Section 5.001, Education Code.
96	86		SECTION 3. This Act takes effect September 1, 2019.
97		-	* * * * *