1-1 By: Junell (Senate Sponsor - Sims) H.B. No. 478 1-2 (In the Senate - Received from the House March 30, 1993; 1-3 March 31, 1993, read first time and referred to Committee on State 1-4 Affairs; May 3, 1993, reported favorably by the following vote: 1-5 Yeas 10, Nays 0; May 3, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Harris of Dallas x 1-9 Rosson x 1-10 Carriker x 1-11 Henderson x 1-12 Leedom x 1-13 Lucio x 1-14 Luna x 1-15 Nelson x 1-16 Patterson x 1-17 Shelley x 1-18 Sibley x 1-19 West x 1-20 Whitmire x 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to the speed limit in an alley. 1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-25 SECTION 1. Section 13, Uniform Act Regulating Traffic on 1-26 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended 1-27 by adding Subsection (n) to read as follows: 1-28 (n) "Alley" means a street that: 1-29 (1) is not used primarily for through traffic; and 1-30 (2) gives access to rear entrances of buildings or 1-31 lots along the street. 1-32 SECTION 2. Section 166(a), Uniform Act Regulating Traffic on 1-33 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended 1-34 to read as follows: 1-35 (a) No person shall drive a vehicle on a highway at a speed 1-36 greater than is reasonable and prudent under the circumstances then 1-37 existing. Except when a special hazard exists that requires lower 1-38 speeds for compliance with paragraph (b) of this Section, the 1-39 limits specified in this Section or established as hereinafter 1-40 authorized shall be lawful, but any speed in excess of the limits 1-41 specified in this Section or established as hereinafter authorized 1-42 shall be prima facie evidence that the speed is not reasonable or 1-43 prudent and that it is unlawful: 1-44 1. Thirty (30) miles per hour in any urban district, 1-45 except as provided by Subdivision 1A of this paragraph; 1-46 1A. Fifteen (15) miles per hour on an alley; 1-47 2. Seventy (70) miles per hour during the daytime and 1-48 sixty-five (65) miles per hour during the nighttime for any 1-49 passenger car, motorcycle, or motor-driven cycle on any State or 1-50 Federal numbered highway outside any urban district, including 1-51 farm- and/or ranch-to-market roads, and sixty (60) miles per hour 1-52 during the daytime and fifty-five (55) miles per hour during the 1-53 nighttime for any passenger car, motorcycle, or motor-driven cycle 1-54 on all other highways outside any urban district; 1-55 3. Sixty (60) miles per hour for all other vehicles on 1-56 any highway outside any urban district; 1-57 4. The speed limits for any bus or other vehicle 1-58 engaged in this State in the business of transporting passengers 1-59 for compensation or hire, for any commercial vehicle which is in 1-60 authorized use as a "Highway Post Office" vehicle furnishing 1-61 Highway Post Office service in the transportation of the United 1-62 States mail, and for any light truck, as described in Subdivision 5 1-63 of this subsection, shall be the same as prescribed for passenger 1-64 cars at the same location. 1-65 5. The above limitations notwithstanding, the 1-66 following prima facie maximum limits are declared, for any highway 1-67 outside any urban district; 1-68 a. Forty-five (45) miles per hour for any 2-1 vehicle towing any house trailer of actual or registered gross 2-2 weight exceeding four thousand, five hundred (4,500) pounds or with 2-3 an over-all length exceeding thirty-two (32) feet, excluding the 2-4 tow bar. 2-5 b. Sixty (60) miles per hour in daytime and 2-6 fifty-five (55) miles per hour during nighttime for any truck, 2-7 except light trucks as described in this Subdivision 5, truck 2-8 tractor, trailer or semitrailer, or for any vehicle towing any 2-9 trailer, semitrailer, another motor vehicle, or any house trailer 2-10 of actual or registered gross weight, less than four thousand, five 2-11 hundred (4,500) pounds and over-all length of thirty-two (32) feet 2-12 or less, excluding the tow bar. 2-13 c. Fifty (50) miles per hour for any school bus. 2-14 "Daytime" means from one-half (1/2) hour before sunrise to 2-15 one-half (1/2) hour after sunset, and "nighttime" means at any 2-16 other hour. 2-17 "Urban District" means the territory contiguous to and 2-18 including any highway or street which is built up with structures 2-19 devoted to business, industry or dwelling houses, situated at 2-20 intervals of less than one hundred (100) feet for a distance of 2-21 one-quarter (1/4) of a mile or more on either side. 2-22 "Passenger car" means every motor vehicle, except motorcycles 2-23 and motor-driven cycles, designed for carrying ten (10) passengers 2-24 or less and used for the transportation of persons. 2-25 "Light truck" means any truck, as defined in this Act, with a 2-26 manufacturer's rated carrying capacity not to exceed two thousand 2-27 (2,000) pounds and is intended to include those trucks commonly 2-28 known as pick-up trucks, panel delivery trucks and carry-all 2-29 trucks. 2-30 The maximum speed limits set forth in this Section may be 2-31 altered as authorized in Sections 167, 168 and 169. 2-32 SECTION 3. This Act takes effect September 1, 1993. 2-33 SECTION 4. The importance of this legislation and the 2-34 crowded condition of the calendars in both houses create an 2-35 emergency and an imperative public necessity that the 2-36 constitutional rule requiring bills to be read on three several 2-37 days in each house be suspended, and this rule is hereby suspended. 2-38 * * * * * 2-39 Austin, 2-40 Texas 2-41 May 3, 1993 2-42 Hon. Bob Bullock 2-43 President of the Senate 2-44 Sir: 2-45 We, your Committee on State Affairs to which was referred H.B. 2-46 No. 478, have had the same under consideration, and I am instructed 2-47 to report it back to the Senate with the recommendation that it do 2-48 pass and be printed. 2-49 Harris of 2-50 Dallas, Chairman 2-51 * * * * * 2-52 WITNESSES 2-53 No witnesses appeared on H.B. No. 478.