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A BILL TO BE ENTITLED
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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 may temporarily lower a prima facie speed |
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limit for a highway or part of a highway in a district if the |
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district engineer determines that the prima facie speed limit for |
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the highway or part of highway is unreasonable or unsafe because of |
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highway maintenance activities 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) A district engineer who temporarily lowers a speed limit |
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under this section 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: |
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(A) the district engineer determines that the |
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maintenance activity has been completed and all equipment has been |
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removed from the maintenance activity site; or |
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(B) 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 district engineer, as required under |
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Subsection (d), places temporary speed limit signs and conceals |
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other signs that would permit a person to operate a motor vehicle at |
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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 30th day after the date the |
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limit becomes effective; 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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