BILL ANALYSIS


                                                         H.B. 835
                                            By: Craddick (Sibley)
                                                    State Affairs
                                                         05-24-95
                              Senate Committee Report (Unamended)
BACKGROUND

In January, 1974, the federal government instituted a nationwide 55
miles per hour 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.

Texas' statutory speed limits still exceed federal limits.  Article
6701d, Section 169B, V.T.C.S., 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, unless the commission finds that
federal requirements still take precedence.

PURPOSE

As proposed, H.B. 835 provides that a violation of a federally
imposed speed limit which does not exceed the state speed limit may
not be reported to a person or state agency by the Department of
Public Safety.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article XIX, Article 6701d, V.T.C.S., by adding
Section 169C, as follows:

     Sec. 169C. FUEL CONSERVATION SPEED LIMIT.  Provides that if a
     person violates a maximum prima facie speed limit imposed
     under Section 169B of this Act and the person was not
     traveling at a speed, as alleged in the citation if not
     contested by the person or as alleged in the complaint and
     found by the court, that is greater than the maximum prima
     facie speed limit for the location that has been established
     under this Act, other than Section 169B, information in the
     custody of the Department of Public Safety (department)
     concerning the violation is confidential.  Prohibits the
     department from releasing the information to any person or to
     another state government entity.
     
SECTION 2. Emergency clause.
           Effective date: upon passage.