By Corte                                               H.B. No. 122
      75R295 DWS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to speed limits for certain vehicles.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  (a) Sections 545.352(b) and (d), Transportation
 1-5     Code,  are amended to conform to Section 1, Chapter 295, Acts of
 1-6     the 74th Legislature, Regular Session, 1995, and further amended to
 1-7     read as follows:
 1-8           (b)  Unless a special hazard exists that requires a slower
 1-9     speed for compliance with Section 545.351(b), the following speeds
1-10     are lawful:
1-11                 (1)  30 miles per hour in an urban district on a street
1-12     other than an alley and 15 miles per hour in an alley;
1-13                 (2)  if the vehicle is a passenger car, motorcycle,
1-14     truck, truck tractor, trailer, or semitrailer, or a vehicle towing
1-15     a trailer, a semitrailer, another motor vehicle, or a house trailer
1-16     of an actual or registered gross weight lighter than 4,500 pounds
1-17     and a length of 32 feet or shorter, excluding the tow bar:
1-18                       (A)  70 miles per hour in daytime and 65 miles
1-19     per hour in nighttime [if the vehicle is a passenger car or
1-20     motorcycle] on a highway numbered by this state or the United
1-21     States outside an urban district, including a farm-to-market or
1-22     ranch-to-market road; or
1-23                       (B) [(3)]  60 miles per hour in daytime and 55
 2-1     miles per hour in nighttime [if the vehicle is a passenger car or
 2-2     motorcycle] on a highway that is outside an urban district and not
 2-3     a highway numbered by this state or the United States;
 2-4                 (3) [(4)]  60 miles per hour outside an urban district
 2-5     if a speed limit for the vehicle is not otherwise specified by this
 2-6     section; or
 2-7                 (4) [(5)]  outside an urban district:
 2-8                       (A)  45 miles per hour, if the vehicle is towing
 2-9     a house trailer of an actual or registered gross weight heavier
2-10     than 4,500 pounds or larger than 32 feet, excluding the tow bar;
2-11                       (B)  50 miles per hour if the vehicle is a school
2-12     bus on a highway other than an interstate highway; or
2-13                       (C)  55 miles per hour if the vehicle is a school
2-14     bus on an interstate highway[; or]
2-15                       [(C)  60 miles per hour in daytime and 55 miles
2-16     per hour in nighttime if the vehicle is a truck, other than a light
2-17     truck, or if the vehicle is a truck tractor, trailer, or
2-18     semitrailer, or a vehicle towing a trailer, semitrailer, another
2-19     motor vehicle or house trailer of an actual or registered gross
2-20     weight lighter than 4,500 pounds and a length of 32 feet or
2-21     shorter, excluding the tow bar].
2-22           (d)  In this section:
2-23                 (1)  "Interstate highway" means a segment of the
2-24     national system of interstate and defense highways that is:
2-25                       (A)  located in this state;
2-26                       (B)  officially designated by the Texas
2-27     Transportation Commission; and
 3-1                       (C)  approved under Title 23, United States Code.
 3-2     ["Light truck" means a truck with a manufacturer's rated carrying
 3-3     capacity of not more than 2,000 pounds, including a pick-up truck,
 3-4     panel delivery truck, and carry-all truck.]
 3-5                 (2)  "Urban district" means the territory adjacent to
 3-6     and including a highway, if the territory is improved with
 3-7     structures that are used for business, industry, or dwelling houses
 3-8     and are located at intervals of less than 100 feet for a distance
 3-9     of at least one-quarter mile on either side of the highway.
3-10           (b)  Section 1, Chapter 295, Acts of the 74th Legislature,
3-11     Regular Session, 1995, is repealed.
3-12           SECTION 2.  Subchapter H, Chapter 545, Transportation Code,
3-13     is amended by adding Section 545.3585 to read as follows:
3-14           Sec. 545.3585.  UNIFORM SPEED LIMITS FOR CERTAIN VEHICLES.
3-15     An entity may not establish a speed limit under Section 545.353,
3-16     545.354, 545.355, 545.356, or 545.358 for a truck, truck tractor,
3-17     trailer, or semitrailer, or a vehicle towing a trailer, a
3-18     semitrailer, another motor vehicle, or a house trailer of an actual
3-19     or registered gross weight lighter than 4,500 pounds and a length
3-20     of 32 feet or shorter, excluding the tow bar, that is different
3-21     from the speed limit established for a passenger car on the same
3-22     part of a highway.
3-23           SECTION 3.  In addition to the changes made by this Act to
3-24     the speed limit for a truck, truck tractor, trailer, or
3-25     semitrailer, or a vehicle towing a trailer, a semitrailer, another
3-26     motor vehicle, or a house trailer of an actual or registered gross
3-27     weight lighter than 4,500 pounds and a length of 32 feet or
 4-1     shorter, this Act updates the Transportation Code by incorporating
 4-2     the changes made by the 74th Legislature to the speed limit for a
 4-3     school bus.
 4-4           SECTION 4.  A speed limit that was established before the
 4-5     effective date of this Act under Section 545.353, 545.354, 545.355,
 4-6     545.356, or 545.358, Transportation Code, or a predecessor of one
 4-7     of those sections, and that would not conform with Section
 4-8     545.3585, Transportation Code, as added by this Act, remains in
 4-9     effect until changed by the entity that established the limit.
4-10     Before January 1, 1998, the entity that established such a limit
4-11     shall change the limit to conform with Section 545.3585,
4-12     Transportation Code, as added by this Act.
4-13           SECTION 5.  (a) A change in a speed limit made by or under
4-14     this Act applies only to an offense committed on or after the
4-15     effective date of the change.  For purposes of this section, an
4-16     offense was committed before the effective date of a change in a
4-17     speed limit if any element of the offense occurred before that
4-18     date.
4-19           (b)  An offense committed before the effective date of a
4-20     change in a speed limit is covered by the law in effect when the
4-21     offense was committed, and the former law is continued in effect
4-22     for that purpose.
4-23           SECTION 6.  This Act takes effect September 1, 1997.
4-24           SECTION 7.  The importance of this legislation and the
4-25     crowded condition of the calendars in both houses create an
4-26     emergency and an imperative public necessity that the
4-27     constitutional rule requiring bills to be read on three several
 5-1     days in each house be suspended, and this rule is hereby suspended.