By Mowery, Moffat, Kubiak                              H.B. No. 393

         Substitute the following for H.B. No. 393:

         By Alexander                                       C.S.H.B. No. 393

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to restricting the use of designated lanes of certain

 1-3     highways.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 545, Transportation Code,

 1-6     is amended by adding Section 545.0651 to read as follows:

 1-7           Sec. 545.0651.  MUNICIPAL RESTRICTION ON USE OF HIGHWAY.  (a)

 1-8     In this section:

 1-9                 (1)  "Department" means the Texas Department of

1-10     Transportation.

1-11                 (2)  "Highway" means a public roadway that:

1-12                       (A)  is on the designated state highway system;

1-13                       (B)  is designated a controlled access facility;

1-14     and

1-15                       (C)  has a minimum of three travel lanes,

1-16     excluding access or frontage roads, in each direction of traffic.

1-17           (b)  A municipality by ordinance may restrict, by class of

1-18     vehicle, through traffic to two designated lanes of a highway in

1-19     the municipality.

1-20           (c)  An ordinance under Subsection (b) shall:

1-21                 (1)  be in effect only during peak traffic hours of a

1-22     work day; and

1-23                 (2)  allow a restricted vehicle to use any lane of the

1-24     highway to pass another vehicle and to enter and exit the highway.

 2-1           (d)  Before adopting an ordinance under this section, the

 2-2     municipality shall submit to the department a description of the

 2-3     proposed restriction.  The municipality may not enforce the

 2-4     restrictions unless:

 2-5                 (1)  the department's executive director or the

 2-6     executive director's designee has approved the restrictions; and

 2-7                 (2)  the appropriate traffic-control devices are in

 2-8     place.

 2-9           (e)  Department approval under Subsection (d) shall:

2-10                 (1)  be based on a traffic study performed by the

2-11     department to evaluate the impact of the proposed restriction; and

2-12                 (2)  to the greatest extent practicable ensure a

2-13     systems approach to preclude the designation of inconsistent lane

2-14     restrictions among adjacent municipalities.

2-15           (f)  The department's executive director or his or her

2-16     designee may suspend or rescind approval under this section for one

2-17     or more of the following reasons:

2-18                 (1)  a change in pavement conditions;

2-19                 (2)  a change in traffic conditions;

2-20                 (3)  a geometric change in roadway configuration;

2-21                 (4)  construction or maintenance activity; or

2-22                 (5)  emergency or incident management.

2-23           (g)  The department shall erect and maintain official

2-24     traffic-control devices necessary to implement and enforce an

2-25     ordinance adopted and approved under this section.

2-26           SECTION 2.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended,

 3-4     and that this Act take effect and be in force from and after its

 3-5     passage, and it is so enacted.