H.B. No. 3282
AN ACT
relating to the authority of a district engineer for the Texas
Department of Transportation to temporarily lower the speed limit
at a highway maintenance activity site.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 545, Transportation Code,
is amended by adding Section 545.3531 to read as follows:
Sec. 545.3531. AUTHORITY OF DISTRICT ENGINEER TO
TEMPORARILY LOWER SPEED LIMIT AT HIGHWAY MAINTENANCE ACTIVITY SITE.
(a) A district engineer of the Texas Department of Transportation
may temporarily lower a prima facie speed limit for a highway or
part of a highway in a district if the district engineer determines
that the prima facie speed limit for the highway or part of highway
is unreasonable or unsafe because of highway maintenance activities
at the site.
(b) A district engineer may temporarily lower a prima facie
speed limit under this section without the approval of or
permission from the Texas Transportation Commission.
(c) A temporary speed limit established under this section:
(1) is a prima facie prudent and reasonable speed
limit enforceable in the same manner as other prima facie speed
limits established under other provisions of this subchapter; and
(2) supersedes any other established speed limit that
would permit a person to operate a motor vehicle at a higher rate of
speed.
(d) After a district engineer temporarily lowers a speed
limit under this section, the Texas Department of Transportation
shall:
(1) place and maintain at the maintenance activity
site temporary speed limit signs that conform to the manual and
specifications adopted under Section 544.001;
(2) temporarily conceal all other signs on the highway
or part of a highway affected by the maintenance activity that give
notice of a speed limit that would permit a person to operate a
motor vehicle at a higher rate of speed; and
(3) remove all temporary speed limit signs placed
under Subdivision (1) and concealments of other signs placed under
Subdivision (2) when the temporary speed limit expires under
Subsection (f).
(e) A temporary speed limit established under this section
is effective when the Texas Department of Transportation, as
required under Subsection (d), places temporary speed limit signs
and conceals other signs that would permit a person to operate a
motor vehicle at a higher rate of speed.
(f) A temporary speed limit established under this section:
(1) is effective until the earlier of:
(A) the 45th day after the date the limit becomes
effective; or
(B) the date on which the district engineer
determines that the maintenance activity has been completed and all
equipment has been removed from the maintenance activity site; and
(2) may not be extended unless established by the
Texas Transportation Commission under Section 545.353.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3282 was passed by the House on April
16, 2021, by the following vote: Yeas 136, Nays 6, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3282 on May 24, 2021, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3282 on May 28, 2021, by the following vote: Yeas 145,
Nays 2, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3282 was passed by the Senate, with
amendments, on May 19, 2021, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3282 on May 29, 2021, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor