H.B. No. 1885
AN ACT
relating to the authority of the Texas Transportation Commission to
establish variable speed limits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.353, Transportation Code, is amended
by adding Subsection (k) to read as follows:
(k) The commission by rule may establish a variable speed
limit program to allow the temporary lowering of a prima facie speed
limit to address inclement weather, congestion, road construction,
or any other condition that affects the safe and orderly movement of
traffic on a roadway for which the commission has the authority to
establish a speed limit. Notice of a speed limit established under
the program may be displayed using a stationary or portable
changeable message sign, as defined by Section 544.013. The
program may not authorize the lowering of a speed limit to divert
traffic to a toll road for the purpose of increasing revenue from
toll charges. A speed limit that is established under the program:
(1) must be based on an engineering and traffic
investigation;
(2) may be effective for all or a designated portion of
the highway and may be effective for any period of the day or night,
as the Texas Department of Transportation determines necessary;
(3) may not be less than 10 miles per hour below the
prima facie speed limit on the portion of the highway to which it
applies; and
(4) is effective only when the speed limit is posted
and only if a sign notifying motorists of the change in speed limit
is posted not less than 500 feet but not more than 1,000 feet before
the point at which the speed limit begins.
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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1885 was passed by the House on May 3,
2023, by the following vote: Yeas 99, Nays 47, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1885 was passed by the Senate on May
17, 2023, by the following vote: Yeas 25, Nays 6.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor