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.