| 1 | 1 | | 86R3003 JAM-F |
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| 2 | 2 | | By: Seliger S.B. No. 215 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a district engineer for the Texas |
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| 8 | 8 | | Department of Transportation to temporarily lower speed limits. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter H, Chapter 545, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 545.3531 to read as follows: |
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| 12 | 12 | | Sec. 545.3531. AUTHORITY OF DISTRICT ENGINEERS TO |
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| 13 | 13 | | TEMPORARILY LOWER SPEED LIMITS. (a) In this section, "hazard" |
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| 14 | 14 | | means: |
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| 15 | 15 | | (1) wet or inclement weather, as defined by Section |
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| 16 | 16 | | 545.353; |
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| 17 | 17 | | (2) construction or maintenance activity; or |
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| 18 | 18 | | (3) any other hazardous condition. |
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| 19 | 19 | | (b) A district engineer may temporarily lower a prima facie |
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| 20 | 20 | | speed limit for a highway or part of a highway in a district if the |
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| 21 | 21 | | district engineer determines that the prima facie speed limit for |
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| 22 | 22 | | the highway or part of highway is unreasonable or unsafe because of |
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| 23 | 23 | | a hazard. |
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| 24 | 24 | | (c) A district engineer may temporarily lower a prima facie |
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| 25 | 25 | | speed limit under this section without the approval of or |
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| 26 | 26 | | permission from the Texas Transportation Commission. |
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| 27 | 27 | | (d) A temporary speed limit established under this section: |
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| 28 | 28 | | (1) is a prima facie prudent and reasonable speed |
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| 29 | 29 | | limit enforceable in the same manner as other prima facie speed |
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| 30 | 30 | | limits established under other provisions of this subchapter; and |
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| 31 | 31 | | (2) supersedes any other established speed limit that |
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| 32 | 32 | | would permit a person to operate a motor vehicle at a higher rate of |
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| 33 | 33 | | speed. |
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| 34 | 34 | | (e) A district engineer who temporarily lowers a speed limit |
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| 35 | 35 | | shall: |
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| 36 | 36 | | (1) place and maintain at the hazard site temporary |
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| 37 | 37 | | speed limit signs that conform to the manual and specifications |
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| 38 | 38 | | adopted under Section 544.001; |
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| 39 | 39 | | (2) temporarily conceal all other signs on the highway |
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| 40 | 40 | | or part of a highway affected by the hazard that give notice of a |
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| 41 | 41 | | speed limit that would permit a person to operate a motor vehicle at |
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| 42 | 42 | | a higher rate of speed; and |
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| 43 | 43 | | (3) remove all temporary speed limit signs placed |
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| 44 | 44 | | under Subdivision (1) and concealments of other signs placed under |
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| 45 | 45 | | Subdivision (2) when: |
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| 46 | 46 | | (A) the district engineer finds that there is no |
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| 47 | 47 | | longer a hazard and all equipment is removed from the hazard site; |
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| 48 | 48 | | or |
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| 49 | 49 | | (B) the temporary speed limit expires under |
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| 50 | 50 | | Subsection (g). |
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| 51 | 51 | | (f) A temporary speed limit established under this section |
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| 52 | 52 | | is effective when the district engineer, as required under |
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| 53 | 53 | | Subsection (e), places temporary speed limit signs and conceals |
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| 54 | 54 | | other signs that would permit a person to operate a motor vehicle at |
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| 55 | 55 | | a higher rate of speed. |
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| 56 | 56 | | (g) A temporary speed limit established under this section |
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| 57 | 57 | | is effective until the earlier of: |
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| 58 | 58 | | (1) the 30th day after the date the limit becomes |
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| 59 | 59 | | effective; or |
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| 60 | 60 | | (2) the next meeting of the Texas Transportation |
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| 61 | 61 | | Commission. |
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| 62 | 62 | | SECTION 2. This Act takes effect September 1, 2019. |
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