1-1  By:  Rabuck (Senate Sponsor - Nixon)                   H.B. No. 321
    1-2        (In the Senate - Received from the House May 1, 1995;
    1-3  May 2, 1995, read first time and referred to Committee on State
    1-4  Affairs; May 8, 1995, reported favorably by the following vote:
    1-5  Yeas 11, Nays 0; May 8, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to a speed limit for school buses.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Section 166(a), Uniform Act Regulating Traffic on
   1-11  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   1-12  to read as follows:
   1-13        (a)  No person shall drive a vehicle on a highway at a speed
   1-14  greater than is reasonable and prudent under the circumstances then
   1-15  existing.   Except when a special hazard exists that requires lower
   1-16  speeds for compliance with paragraph (b) of this Section, the
   1-17  limits specified in this Section or established as hereinafter
   1-18  authorized shall be lawful, but any speed in excess of the limits
   1-19  specified in this Section or established as hereinafter authorized
   1-20  shall be prima facie evidence that the speed is not reasonable or
   1-21  prudent and that it is unlawful:
   1-22              1.  Thirty (30) miles per hour in any urban district,
   1-23  except as provided by Subdivision 1A of this paragraph;
   1-24              1A.  Fifteen (15) miles per hour on an alley;
   1-25              2.  Seventy (70) miles per hour during the daytime and
   1-26  sixty-five (65) miles per hour during the nighttime for any
   1-27  passenger car, motorcycle, or motor-driven cycle on any State or
   1-28  Federal numbered highway outside any urban district, including
   1-29  farm- and/or ranch-to-market roads, and sixty (60) miles per hour
   1-30  during the daytime and fifty-five (55) miles per hour during the
   1-31  nighttime for any passenger car, motorcycle, or motor-driven cycle
   1-32  on all other highways outside any urban district;
   1-33              3.  Sixty (60) miles per hour for all other vehicles on
   1-34  any highway outside any urban district;
   1-35              4.  The speed limits for any bus or other vehicle
   1-36  engaged in this State in the business of transporting passengers
   1-37  for compensation or hire, for any commercial vehicle which is in
   1-38  authorized use as a "Highway Post Office" vehicle furnishing
   1-39  Highway Post Office service in the transportation of the United
   1-40  States mail, and for any light truck, as described in Subdivision 5
   1-41  of this subsection, shall be the same as prescribed for passenger
   1-42  cars at the same location.
   1-43              5.  The above limitations notwithstanding, the
   1-44  following prima facie maximum limits are declared, for any highway
   1-45  outside any urban district;
   1-46                    a.  Forty-five (45) miles per hour for any
   1-47  vehicle towing any house trailer of actual or registered gross
   1-48  weight exceeding four thousand, five hundred (4,500) pounds or with
   1-49  an over-all length exceeding thirty-two (32) feet, excluding the
   1-50  tow bar.
   1-51                    b.  Sixty (60) miles per hour in daytime and
   1-52  fifty-five (55) miles per hour during nighttime for any truck,
   1-53  except light trucks as described in this Subdivision 5, truck
   1-54  tractor, trailer or semitrailer, or for any vehicle towing any
   1-55  trailer, semitrailer, another motor vehicle, or any house trailer
   1-56  of actual or registered gross weight, less than four thousand, five
   1-57  hundred (4,500) pounds and over-all length of thirty-two (32) feet
   1-58  or less, excluding the tow bar.
   1-59                    c.  Fifty-five (55) <Fifty (50)> miles per hour
   1-60  for any school bus on an interstate highway, as defined by Section
   1-61  144 of this Act, and fifty (50) miles per hour for any school bus
   1-62  on another highway.
   1-63        "Daytime" means from one-half (1/2) hour before sunrise to
   1-64  one-half (1/2) hour after sunset, and "nighttime" means at any
   1-65  other hour.
   1-66        "Urban District" means the territory contiguous to and
   1-67  including any highway or street which is built up with structures
   1-68  devoted to business, industry or dwelling houses, situated at
    2-1  intervals of less than one hundred (100) feet for a distance of
    2-2  one-quarter (1/4) of a mile or more on either side.
    2-3        "Passenger car" means every motor vehicle, except motorcycles
    2-4  and motor-driven cycles, designed for carrying ten (10) passengers
    2-5  or less and used for the transportation of persons.
    2-6        "Light truck" means any truck, as defined in this Act, with a
    2-7  manufacturer's rated carrying capacity not to exceed two thousand
    2-8  (2,000) pounds and is intended to include those trucks commonly
    2-9  known as pick-up trucks, panel delivery trucks and carry-all
   2-10  trucks.
   2-11        The maximum speed limits set forth in this Section may be
   2-12  altered as authorized in Sections 167, 168 and 169.
   2-13        SECTION 2.  (a)  The changes in law made by this Act apply
   2-14  only to an offense committed on or after the effective date of this
   2-15  Act.  For purposes of this section, an offense was committed before
   2-16  the effective date of this Act if any element of the offense
   2-17  occurred before that date.
   2-18        (b)  An offense committed before the effective date of this
   2-19  Act is covered by the law in effect when the offense was committed,
   2-20  and the former law is continued in effect for that purpose.
   2-21        SECTION 3.  This Act takes effect September 1, 1995.
   2-22        SECTION 4.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.
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