| 1 | 1 | | H.B. No. 1885 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the authority of the Texas Transportation Commission to |
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| 6 | 6 | | establish variable speed limits. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 545.353, Transportation Code, is amended |
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| 9 | 9 | | by adding Subsection (k) to read as follows: |
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| 10 | 10 | | (k) The commission by rule may establish a variable speed |
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| 11 | 11 | | limit program to allow the temporary lowering of a prima facie speed |
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| 12 | 12 | | limit to address inclement weather, congestion, road construction, |
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| 13 | 13 | | or any other condition that affects the safe and orderly movement of |
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| 14 | 14 | | traffic on a roadway for which the commission has the authority to |
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| 15 | 15 | | establish a speed limit. Notice of a speed limit established under |
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| 16 | 16 | | the program may be displayed using a stationary or portable |
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| 17 | 17 | | changeable message sign, as defined by Section 544.013. The |
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| 18 | 18 | | program may not authorize the lowering of a speed limit to divert |
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| 19 | 19 | | traffic to a toll road for the purpose of increasing revenue from |
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| 20 | 20 | | toll charges. A speed 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 Texas Department of Transportation determines necessary; |
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| 26 | 26 | | (3) may not be less than 10 miles per hour below the |
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| 27 | 27 | | prima facie speed limit on the portion of the highway to which it |
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| 28 | 28 | | applies; and |
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| 29 | 29 | | (4) is effective only when the speed limit is posted |
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| 30 | 30 | | and only if a sign notifying motorists of the change in speed limit |
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| 31 | 31 | | is posted not less than 500 feet but not more than 1,000 feet before |
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| 32 | 32 | | the point at which the speed limit begins. |
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| 33 | 33 | | SECTION 2. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2023. |
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| 38 | 38 | | ______________________________ ______________________________ |
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| 39 | 39 | | President of the Senate Speaker of the House |
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| 40 | 40 | | I certify that H.B. No. 1885 was passed by the House on May 3, |
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| 41 | 41 | | 2023, by the following vote: Yeas 99, Nays 47, 1 present, not |
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| 42 | 42 | | voting. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Chief Clerk of the House |
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| 45 | 45 | | I certify that H.B. No. 1885 was passed by the Senate on May |
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| 46 | 46 | | 17, 2023, by the following vote: Yeas 25, Nays 6. |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Secretary of the Senate |
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| 49 | 49 | | APPROVED: _____________________ |
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| 50 | 50 | | Date |
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| 51 | 51 | | _____________________ |
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| 52 | 52 | | Governor |
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