BILL ANALYSIS



H.B. 835
By: Craddick
03-01-95
Committee Report (Unamended)


BACKGROUND

In January, 1974, the Federal Government instituted a nationwide 55
mph speed limit as an energy conservation measure.  In 1987, the
limit was raised to 65 mph on rural interstate and highways built
to interstate-stem standards.

While Texas' statutory speed limits still exceed federal limits,
Article 6701d, Section 169B, VTCS, Authorizes the State Highway and
Public Transportation Commission to set speed limits that prevail
over those in statute, in order to maintain federal funding.  A
commission change requires a proclamation by the governor, and is
effective for only 120 days, except in the case that the commission
finds that federal requirements still take precedence.

Texas' statutory speed limits, set in Article 6701d, Section 166,
VTCS, are 70 mph for any passenger cars or light trucks during the
daytime (65 mph at night) on any state or federally numbered
highway outside an urban area, and 60 mph for all other vehicles on
any highway outside of urban areas.  Truck-Tractor combinations and
any vehicle hauling trailers or vehicles are restricted to 55 at
night.  School busses are limited to 50 mph at all times.

PURPOSE

This bill amends Article 6701d, VTCS, to stipulate the violation by
a person of a federally imposed speed limit, as long as it does not
exceed the state speed limit, would not be reported to any person
or state government entity other than the Department of Public
Safety.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 6701d, VTCS, by adding Section 169C,
           which stipulates that the violation by a person of a
           speed limit imposed under Section 169B, as long as the
           speed was not greater than had been previously
           established under Article 6701, Section 166, VTCS, would
           not be released by the department to any person or other
           state government entity.

SECTION 2. Emergency Clause
           Effective Date:  Upon Passage


SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on February 23, 1995 at 5:22
p.m., the House Committee on Transportation met in a public hearing
on Wednesday, March 1, 1995 at 2:00 p.m. in Room E1.014 of the
Capitol Extension and was called to order 2:05 p.m. by the Chair,
Representative Clyde Alexander.  The following person testified as
a resource witness on H.B. 835: Bobbie Templeton, Texas Department
of Transportation.  Representative Siebert moved that the Committee
report H.B. 835 favorably without amendments to the full House with
the recommendation that it do pass.  Representative Bosse seconded
the motion.  The motion prevailed by a count of Ayes (7), Nayes
(0), Absent (2), Present Not Voting (0).

SUMMARY OF COMMITTEE ACTION