Texas 2021 - 87th Regular

Texas House Bill HB3282 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3282
	1	+	By: Canales (Senate Sponsor - Nichols) H.B. No. 3282
	2	+	(In the Senate - Received from the House April 19, 2021;
	3	+	May 3, 2021, read first time and referred to Committee on
	4	+	Transportation; May 6, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	6	+	May 6, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3282 By: Nichols
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the authority of a district engineer for the Texas
6	14		Department of Transportation to temporarily lower the speed limit
7	15		at a highway maintenance activity site.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subchapter H, Chapter 545, Transportation Code,
10	18		is amended by adding Section 545.3531 to read as follows:
11	19		Sec. 545.3531. AUTHORITY OF DISTRICT ENGINEER TO
12	20		TEMPORARILY LOWER SPEED LIMIT AT HIGHWAY MAINTENANCE ACTIVITY SITE.
13		-	(a) A district engineer of the Texas Department of Transportation
14		-	may temporarily lower a prima facie speed limit for a highway or
15		-	part of a highway in a district if the district engineer determines
16		-	that the prima facie speed limit for the highway or part of highway
17		-	is unreasonable or unsafe because of highway maintenance activities
18		-	at the site.
	21	+	(a) A district engineer may temporarily lower a prima facie speed
	22	+	limit for a highway or part of a highway in a district if the
	23	+	district engineer determines that the prima facie speed limit for
	24	+	the highway or part of highway is unreasonable or unsafe because of
	25	+	highway maintenance activities at the site.
19	26		(b) A district engineer may temporarily lower a prima facie
20	27		speed limit under this section without the approval of or
21	28		permission from the Texas Transportation Commission.
22	29		(c) A temporary speed limit established under this section:
23	30		(1) is a prima facie prudent and reasonable speed
24	31		limit enforceable in the same manner as other prima facie speed
25	32		limits established under other provisions of this subchapter; and
26	33		(2) supersedes any other established speed limit that
27	34		would permit a person to operate a motor vehicle at a higher rate of
28	35		speed.
29		-	(d) After a district engineer temporarily lowers a speed
30		-	limit under this section, the Texas Department of Transportation
31		-	shall:
	36	+	(d) A district engineer who temporarily lowers a speed limit
	37	+	under this section shall:
32	38		(1) place and maintain at the maintenance activity
33	39		site temporary speed limit signs that conform to the manual and
34	40		specifications adopted under Section 544.001;
35	41		(2) temporarily conceal all other signs on the highway
36	42		or part of a highway affected by the maintenance activity that give
37	43		notice of a speed limit that would permit a person to operate a
38	44		motor vehicle at a higher rate of speed; and
39	45		(3) remove all temporary speed limit signs placed
40	46		under Subdivision (1) and concealments of other signs placed under
41		-	Subdivision (2) when the temporary speed limit expires under
	47	+	Subdivision (2) when:
	48	+	(A) the district engineer determines that the
	49	+	maintenance activity has been completed and all equipment has been
	50	+	removed from the maintenance activity site; or
	51	+	(B) the temporary speed limit expires under
42	52		Subsection (f).
43	53		(e) A temporary speed limit established under this section
44		-	is effective when the ~~Texas Department of Transportation~~, as
45		-	~~required under~~ Subsection (d), places temporary speed limit signs
46		-	~~and conceals~~ other signs that would permit a person to operate a
47		-	~~motor vehicle at~~ a higher rate of speed.
	54	+	is effective when the district engineer, as required under
	55	+	Subsection (d), places temporary speed limit signs and conceals
	56	+	other signs that would permit a person to operate a motor vehicle at
	57	+	a higher rate of speed.
48	58		(f) A temporary speed limit established under this section:
49		-	(1) is effective until the earlier of:
50		-	(A) the 45th day after the date the limit becomes
51		-	effective; or
52		-	(B) the date on which the district engineer
53		-	determines that the maintenance activity has been completed and all
54		-	equipment has been removed from the maintenance activity site; and
	59	+	(1) is effective until the 30th day after the date the
	60	+	limit becomes effective; and
55	61		(2) may not be extended unless established by the
56	62		Texas Transportation Commission under Section 545.353.
57	63		SECTION 2. This Act takes effect immediately if it receives
58	64		a vote of two-thirds of all the members elected to each house, as
59	65		provided by Section 39, Article III, Texas Constitution. If this
60	66		Act does not receive the vote necessary for immediate effect, this
61	67		Act takes effect September 1, 2021.
62		-	______________________________ ______________________________
63		-	President of the Senate Speaker of the House
64		-	I certify that H.B. No. 3282 was passed by the House on April
65		-	16, 2021, by the following vote: Yeas 136, Nays 6, 1 present, not
66		-	voting; that the House refused to concur in Senate amendments to
67		-	H.B. No. 3282 on May 24, 2021, and requested the appointment of a
68		-	conference committee to consider the differences between the two
69		-	houses; and that the House adopted the conference committee report
70		-	on H.B. No. 3282 on May 28, 2021, by the following vote: Yeas 145,
71		-	Nays 2, 1 present, not voting.
72		-	______________________________
73		-	Chief Clerk of the House
74		-	I certify that H.B. No. 3282 was passed by the Senate, with
75		-	amendments, on May 19, 2021, by the following vote: Yeas 30, Nays
76		-	1; at the request of the House, the Senate appointed a conference
77		-	committee to consider the differences between the two houses; and
78		-	that the Senate adopted the conference committee report on H.B. No.
79		-	3282 on May 29, 2021, by the following vote: Yeas 30, Nays 1.
80		-	______________________________
81		-	Secretary of the Senate
82		-	APPROVED: __________________
83		-	Date
84		-	__________________
85		-	Governor
	68	+	* * * * *