| 1 | 1 | | 88R2016 SRA-F |
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| 2 | 2 | | By: Canales H.B. No. 1639 |
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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 the Texas Transportation Commission to |
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| 8 | 8 | | establish variable 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. Section 545.353, Transportation Code, is amended |
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| 11 | 11 | | by adding Subsection (k) to read as follows: |
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| 12 | 12 | | (k) The commission by rule may establish a variable speed |
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| 13 | 13 | | limit program to allow the temporary lowering of a prima facie speed |
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| 14 | 14 | | limit to address inclement weather, congestion, road construction, |
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| 15 | 15 | | or any other condition that affects the safe and orderly movement of |
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| 16 | 16 | | traffic on a roadway for which the commission has the authority to |
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| 17 | 17 | | establish a speed limit. Notice of a speed limit established under |
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| 18 | 18 | | the program may be displayed using a stationary or portable |
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| 19 | 19 | | changeable message sign, as defined by Section 544.013. A speed |
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| 20 | 20 | | limit that is established under the program: |
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| 21 | 21 | | (1) must be based on an engineering and traffic |
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| 22 | 22 | | investigation; |
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| 23 | 23 | | (2) may be effective for all or a designated portion of |
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| 24 | 24 | | the highway and may be effective for any period of the day or night, |
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| 25 | 25 | | as the department determines necessary; and |
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| 26 | 26 | | (3) is effective only when the speed limit is posted |
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| 27 | 27 | | and only if a sign notifying motorists of the change in speed limit |
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| 28 | 28 | | is posted not less than 500 feet but not more than 1,600 feet before |
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| 29 | 29 | | the point at which the speed limit begins. |
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| 30 | 30 | | SECTION 2. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2023. |
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