By: Nichols, Seliger S.B. No. 1274
A BILL TO BE ENTITLED
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 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) A district engineer who temporarily lowers a speed limit
under this section 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:
(A) the district engineer determines that the
maintenance activity has been completed and all equipment has been
removed from the maintenance activity site; or
(B) the temporary speed limit expires under
Subsection (f).
(e) A temporary speed limit established under this section
is effective when the district engineer, 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 30th day after the date the
limit becomes effective; 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.