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.