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AN ACT
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relating to the authority of a district engineer for the Texas |
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Department of Transportation to temporarily lower the speed limit |
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at a highway maintenance activity site. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 545, Transportation Code, |
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is amended by adding Section 545.3531 to read as follows: |
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Sec. 545.3531. AUTHORITY OF DISTRICT ENGINEER TO |
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TEMPORARILY LOWER SPEED LIMIT AT HIGHWAY MAINTENANCE ACTIVITY SITE. |
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(a) A district engineer of the Texas Department of Transportation |
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may temporarily lower a prima facie speed limit for a highway or |
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part of a highway in a district if the district engineer determines |
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that the prima facie speed limit for the highway or part of highway |
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is unreasonable or unsafe because of highway maintenance activities |
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at the site. |
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(b) A district engineer may temporarily lower a prima facie |
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speed limit under this section without the approval of or |
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permission from the Texas Transportation Commission. |
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(c) A temporary speed limit established under this section: |
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(1) is a prima facie prudent and reasonable speed |
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limit enforceable in the same manner as other prima facie speed |
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limits established under other provisions of this subchapter; and |
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(2) supersedes any other established speed limit that |
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would permit a person to operate a motor vehicle at a higher rate of |
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speed. |
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(d) After a district engineer temporarily lowers a speed |
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limit under this section, the Texas Department of Transportation |
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shall: |
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(1) place and maintain at the maintenance activity |
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site temporary speed limit signs that conform to the manual and |
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specifications adopted under Section 544.001; |
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(2) temporarily conceal all other signs on the highway |
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or part of a highway affected by the maintenance activity that give |
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notice of a speed limit that would permit a person to operate a |
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motor vehicle at a higher rate of speed; and |
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(3) remove all temporary speed limit signs placed |
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under Subdivision (1) and concealments of other signs placed under |
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Subdivision (2) when the temporary speed limit expires under |
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Subsection (f). |
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(e) A temporary speed limit established under this section |
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is effective when the Texas Department of Transportation, as |
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required under Subsection (d), places temporary speed limit signs |
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and conceals other signs that would permit a person to operate a |
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motor vehicle at a higher rate of speed. |
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(f) A temporary speed limit established under this section: |
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(1) is effective until the earlier of: |
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(A) the 45th day after the date the limit becomes |
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effective; or |
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(B) the date on which the district engineer |
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determines that the maintenance activity has been completed and all |
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equipment has been removed from the maintenance activity site; and |
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(2) may not be extended unless established by the |
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Texas Transportation Commission under Section 545.353. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3282 was passed by the House on April |
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16, 2021, by the following vote: Yeas 136, Nays 6, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3282 on May 24, 2021, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3282 on May 28, 2021, by the following vote: Yeas 145, |
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Nays 2, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3282 was passed by the Senate, with |
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amendments, on May 19, 2021, by the following vote: Yeas 30, Nays |
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1; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3282 on May 29, 2021, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |