| 1 | 1 | | 88R7193 BEE-D |
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| 2 | 2 | | By: Goodwin, Troxclair H.B. No. 1855 |
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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 designation of highway safety corridors; increasing |
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| 8 | 8 | | a fine. |
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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. This Act shall be known as the Dr. Michael James |
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| 11 | 11 | | Babineaux Act. |
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| 12 | 12 | | SECTION 2. Subchapter K, Chapter 201, Transportation Code, |
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| 13 | 13 | | is amended by adding Section 201.9051 to read as follows: |
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| 14 | 14 | | Sec. 201.9051. HIGHWAY SAFETY CORRIDOR. (a) In this |
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| 15 | 15 | | section, "political subdivision" means a municipality or county. |
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| 16 | 16 | | (b) The department shall designate as a highway safety |
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| 17 | 17 | | corridor a portion of a roadway containing a site with a high number |
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| 18 | 18 | | of traffic accidents that lead to a serious injury or fatality as |
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| 19 | 19 | | identified by the governing body of a political subdivision in |
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| 20 | 20 | | whose jurisdiction the site is located. |
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| 21 | 21 | | (c) The department shall remove a highway safety corridor |
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| 22 | 22 | | designation made under Subsection (b) on the 10th anniversary of |
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| 23 | 23 | | the designation unless a governing body that identified the high |
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| 24 | 24 | | traffic accident site notifies the department that the designation |
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| 25 | 25 | | should be removed before that date or extended after that date. Each |
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| 26 | 26 | | designation extension made under this subsection must be for a |
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| 27 | 27 | | period of 10 years unless a shorter period is requested by the |
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| 28 | 28 | | governing body and may be removed or extended as provided by this |
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| 29 | 29 | | subsection for an initial designation. |
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| 30 | 30 | | (d) The department may: |
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| 31 | 31 | | (1) designate as a highway safety corridor a portion |
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| 32 | 32 | | of a roadway containing a site with a high number of traffic |
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| 33 | 33 | | accidents that lead to a serious injury or fatality as identified by |
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| 34 | 34 | | the department; and |
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| 35 | 35 | | (2) at the department's discretion, remove a |
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| 36 | 36 | | designation made under this subsection. |
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| 37 | 37 | | (e) The department shall erect a sign at each end of a |
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| 38 | 38 | | designated portion of a roadway and at appropriate intermediate |
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| 39 | 39 | | sites along the roadway: |
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| 40 | 40 | | (1) indicating that the roadway is a highway safety |
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| 41 | 41 | | corridor; and |
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| 42 | 42 | | (2) stating "Fines double: highway safety corridor." |
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| 43 | 43 | | (f) The department by rule may prescribe forms for use by a |
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| 44 | 44 | | political subdivision for the designation of a highway safety |
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| 45 | 45 | | corridor under Subsection (b) and the removal or extension of a |
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| 46 | 46 | | highway safety corridor designation under Subsection (c). |
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| 47 | 47 | | (g) The department may distribute literature to the public |
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| 48 | 48 | | concerning highway safety corridors designated under this section. |
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| 49 | 49 | | SECTION 3. Subchapter D, Chapter 542, Transportation Code, |
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| 50 | 50 | | is amended by adding Section 542.405 to read as follows: |
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| 51 | 51 | | Sec. 542.405. FINE FOR OFFENSE IN HIGHWAY SAFETY CORRIDOR. |
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| 52 | 52 | | (a) In this section, "highway safety corridor" means a portion of a |
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| 53 | 53 | | roadway designated under Section 201.9051. |
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| 54 | 54 | | (b) If an offense under this subtitle, other than an offense |
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| 55 | 55 | | under Chapter 548 or 552 or Section 545.412 or 545.413, is committed |
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| 56 | 56 | | in a highway safety corridor: |
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| 57 | 57 | | (1) the minimum fine applicable to the offense is |
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| 58 | 58 | | twice the minimum fine that would be applicable to the offense if it |
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| 59 | 59 | | were committed outside a highway safety corridor; and |
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| 60 | 60 | | (2) the maximum fine applicable to the offense is |
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| 61 | 61 | | twice the maximum fine that would be applicable to the offense if it |
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| 62 | 62 | | were committed outside a highway safety corridor. |
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| 63 | 63 | | SECTION 4. The change in law made by this Act applies only |
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| 64 | 64 | | to an offense committed on or after the effective date of this Act. |
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| 65 | 65 | | An offense committed before the effective date of this Act is |
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| 66 | 66 | | covered by the law in effect immediately before the effective date |
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| 67 | 67 | | of this Act, and the former law is continued in effect for that |
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| 68 | 68 | | purpose. For purposes of this section, an offense was committed |
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| 69 | 69 | | before the effective date of this Act if any element of the offense |
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| 70 | 70 | | was committed before that date. |
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| 71 | 71 | | SECTION 5. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2023. |
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