1 | 1 | | 89R11572 AND-D |
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2 | 2 | | By: Alvarado S.B. No. 2347 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the process of establishing speed limits on a highway or |
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10 | 10 | | road near a prekindergarten. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 545.355(b), Transportation Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | (b) The commissioners court of a county may declare a lower |
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15 | 15 | | speed limit of not less than: |
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16 | 16 | | (1) 30 miles per hour on a county road or highway to |
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17 | 17 | | which this section applies, if the commissioners court determines |
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18 | 18 | | that the prima facie speed limit on the road or highway is |
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19 | 19 | | unreasonable or unsafe; or |
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20 | 20 | | (2) 20 miles per hour: |
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21 | 21 | | (A) in a residence district, unless the roadway |
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22 | 22 | | has been designated as a major thoroughfare by a city planning |
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23 | 23 | | commission; or |
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24 | 24 | | (B) on a county road or highway to which this |
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25 | 25 | | section applies that is located within 500 feet of a |
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26 | 26 | | prekindergarten, an elementary, secondary, or open-enrollment |
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27 | 27 | | charter school, or an institution of higher education, if approved |
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28 | 28 | | under Section 545.357. |
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29 | 29 | | SECTION 2. Sections 545.357(a), (b), (c), (d), and (e), |
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30 | 30 | | Transportation Code, are amended to read as follows: |
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31 | 31 | | (a) The governing body of a municipality in which a |
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32 | 32 | | prekindergarten, a public or private elementary or secondary |
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33 | 33 | | school, an open-enrollment charter school, or an institution of |
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34 | 34 | | higher education is located shall, on request of the operator of a |
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35 | 35 | | prekindergarten or the governing body of a school or institution of |
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36 | 36 | | higher education, hold a public hearing at least once each calendar |
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37 | 37 | | year to consider prima facie speed limits on a highway in the |
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38 | 38 | | municipality, including a highway of the state highway system, near |
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39 | 39 | | the prekindergarten, school, or institution of higher education. |
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40 | 40 | | (b) If a county road outside the state highway system is |
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41 | 41 | | located within 500 feet of a prekindergarten, a public or private |
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42 | 42 | | elementary or secondary school, an open-enrollment charter school, |
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43 | 43 | | or an institution of higher education that is not in a municipality, |
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44 | 44 | | the commissioners court of the county, on request of the operator of |
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45 | 45 | | a prekindergarten or the governing body of a school or institution |
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46 | 46 | | of higher education, shall hold a public hearing at least once each |
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47 | 47 | | calendar year to consider the prima facie speed limit on the road |
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48 | 48 | | near the prekindergarten, school, or institution of higher |
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49 | 49 | | education. |
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50 | 50 | | (c) A municipal governing body or commissioners court, on |
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51 | 51 | | request of the operator of a prekindergarten or the governing body |
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52 | 52 | | of a school or institution of higher education, may hold one public |
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53 | 53 | | hearing for all prekindergartens, public and private elementary and |
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54 | 54 | | secondary schools, open-enrollment charter schools, and |
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55 | 55 | | institutions of higher education in its jurisdiction. |
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56 | 56 | | (d) The Texas Transportation Commission, on request of the |
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57 | 57 | | operator of a prekindergarten or the governing body of a school or |
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58 | 58 | | institution of higher education, shall hold a public hearing at |
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59 | 59 | | least once each calendar year to consider prima facie speed limits |
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60 | 60 | | on highways in the state highway system that are near |
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61 | 61 | | prekindergartens, public or private elementary or secondary |
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62 | 62 | | schools, open-enrollment charter schools, or institutions of |
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63 | 63 | | higher education. |
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64 | 64 | | (e) On request of the operator of a prekindergarten or the |
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65 | 65 | | governing body of a school or institution of higher education |
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66 | 66 | | following a public hearing held under this section, the |
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67 | 67 | | commissioners court, municipal governing body, or Texas |
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68 | 68 | | Transportation Commission, as applicable, shall conduct an |
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69 | 69 | | engineering and traffic investigation for the highway or road that |
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70 | 70 | | is the subject of the request. On review of the results of the |
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71 | 71 | | investigation, the commissioners court, municipal governing body, |
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72 | 72 | | or Texas Transportation Commission has the same authority and |
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73 | 73 | | discretion to alter prima facie speed limits as provided by Section |
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74 | 74 | | 545.353, 545.355, or 545.356, as applicable. Following each public |
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75 | 75 | | hearing held under this section, the operator of a prekindergarten |
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76 | 76 | | or the governing body of a school or institution of higher education |
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77 | 77 | | may make only one request under this subsection for an engineering |
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78 | 78 | | and traffic investigation. |
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79 | 79 | | SECTION 3. Section 545.357(f), Transportation Code, is |
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80 | 80 | | amended by adding Subdivision (4) to read as follows: |
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81 | 81 | | (4) "Prekindergarten" means a facility that primarily |
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82 | 82 | | provides prekindergarten services. |
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83 | 83 | | SECTION 4. This Act takes effect September 1, 2025. |
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