By Brimer                                        H.B. No. 995

      75R4752 DWS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to speed limits for vehicles towing towable recreational

 1-3     vehicles.

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

 1-5           SECTION 1.  Section 541.201, Transportation Code, is amended

 1-6     to read as follows:

 1-7           Sec. 541.201.  VEHICLES.  In this subtitle:

 1-8                 (1)  "Authorized emergency vehicle" means:

 1-9                       (A)  a fire department or police vehicle;

1-10                       (B)  a public or private ambulance operated by a

1-11     person who has been issued a license by the Texas Department of

1-12     Health;

1-13                       (C)  a municipal department or public service

1-14     corporation emergency vehicle that has been designated or

1-15     authorized by the governing body of a municipality;

1-16                       (D)  a private vehicle of a volunteer firefighter

1-17     or a certified emergency medical services employee or volunteer

1-18     when responding to a fire alarm or medical emergency;

1-19                       (E)  an industrial emergency response vehicle,

1-20     including an industrial ambulance, when responding to an emergency,

1-21     but only if the vehicle is operated in compliance with criteria in

1-22     effect September 1, 1989, and established by the Texas Industrial

1-23     Fire Training Board of the State Firemen's and Fire Marshals'

1-24     Association of Texas; or

 2-1                       (F)  a vehicle of a blood bank or tissue bank,

 2-2     accredited or approved under the laws of this state or the United

 2-3     States, when making emergency deliveries of blood, drugs,

 2-4     medicines, or organs.

 2-5                 (2)  "Bicycle" means a device that a person may ride

 2-6     and that is propelled by human power and has two tandem wheels at

 2-7     least one of which is more than 14 inches in diameter.

 2-8                 (3)  "Bus" means:

 2-9                       (A)  a motor vehicle used to transport persons

2-10     and designed to accommodate more than 10 passengers; or

2-11                       (B)  a motor vehicle, other than a taxicab,

2-12     designed and used to transport persons for compensation.

2-13                 (4)  "Farm tractor" means a motor vehicle designed and

2-14     used primarily as a farm implement to draw an implement of

2-15     husbandry, including a plow or a mowing machine.

2-16                 (5)  "House trailer" means a trailer or semitrailer

2-17     that is equipped to travel on a highway and that:

2-18                       (A)  is designed, constructed, and equipped as a

2-19     permanent or temporary dwelling or sleeping place; or

2-20                       (B)  has a chassis and exterior shell designed

2-21     and constructed for a purpose described by Paragraph (A) but is

2-22     used permanently or temporarily for a commercial purpose, including

2-23     advertising, selling, displaying, or promoting merchandise or

2-24     services, other than transporting property for hire or for

2-25     distribution by a private carrier.

2-26                 (6)  "Implement of husbandry" means a vehicle, other

2-27     than a passenger car or truck, that is designed and adapted for use

 3-1     as a farm implement, machinery, or tool for tilling the soil.

 3-2                 (7)  "Light truck" means a truck, including a pickup

 3-3     truck, panel delivery truck, or carryall truck, that has a

 3-4     manufacturer's rated carrying capacity of 2,000 pounds or less.

 3-5                 (8)  "Moped" means a motor-driven cycle that cannot

 3-6     attain a speed in one mile of more than 30 miles per hour and the

 3-7     engine of which:

 3-8                       (A)  cannot produce more than two-brake

 3-9     horsepower; and

3-10                       (B)  if an internal combustion engine, has a

3-11     piston displacement of 50 cubic centimeters or less and connects to

3-12     a power drive system that does not require the operator to shift

3-13     gears.

3-14                 (9)  "Motorcycle" means a motor vehicle, other than a

3-15     tractor, that is equipped with a rider's saddle and designed to

3-16     have when propelled not more than three wheels on the ground.

3-17                 (10)  "Motor-driven cycle" means a motorcycle equipped

3-18     with a motor that has an engine piston displacement of 125 cubic

3-19     centimeters or less.

3-20                 (11)  "Motor vehicle" means a self-propelled vehicle or

3-21     a vehicle that is propelled by electric power from overhead trolley

3-22     wires.

3-23                 (12)  "Passenger car" means a motor vehicle, other than

3-24     a motorcycle, used to transport persons and designed to accommodate

3-25     10 or fewer passengers.

3-26                 (13)  "Pole trailer" means a vehicle without motive

3-27     power:

 4-1                       (A)  designed to be drawn by another vehicle and

 4-2     secured to the other vehicle by pole, reach, boom, or other

 4-3     security device;  and

 4-4                       (B)  ordinarily used to transport a long or

 4-5     irregularly shaped load, including poles, pipes, or structural

 4-6     members, generally capable of sustaining themselves as beams

 4-7     between the supporting connections.

 4-8                 (14)  "Road tractor" means a motor vehicle designed and

 4-9     used to draw another vehicle but not constructed to carry a load

4-10     independently or a part of the weight of the other vehicle or its

4-11     load.

4-12                 (15)  "School bus" means a motor vehicle, other than a

4-13     bus used in an urban area by a common carrier to transport

4-14     schoolchildren, that:

4-15                       (A)  is being used to transport children to or

4-16     from a school or school-related activity; and

4-17                       (B)  complies with the color and identification

4-18     requirements provided in the most recent edition of standards

4-19     produced and sponsored by the National Education Association's

4-20     National Commission on Safety Education.

4-21                 (16)  "Semitrailer" means a vehicle with or without

4-22     motive power, other than a pole trailer:

4-23                       (A)  designed to be drawn by a motor vehicle and

4-24     to transport persons or property;  and

4-25                       (B)  constructed so that part of the vehicle's

4-26     weight and load rests on or is carried by another vehicle.

4-27                 (17)  "Special mobile equipment" means a vehicle that

 5-1     is not designed or used primarily to transport persons or property

 5-2     and that is only incidentally operated on a highway.  The term:

 5-3                       (A)  includes ditchdigging apparatus, well boring

 5-4     apparatus, and road construction and maintenance machinery,

 5-5     including an asphalt spreader, bituminous mixer, bucket loader,

 5-6     tractor other than a truck tractor, ditcher, levelling grader,

 5-7     finishing machine, motor grader, road roller, scarifier,

 5-8     earth-moving carryall and scraper, power shovel or dragline, or

 5-9     self-propelled crane and earth-moving equipment; and

5-10                       (B)  excludes a vehicle that is designed to

5-11     transport persons or property and that has machinery attached,

5-12     including a house trailer, dump truck, truck-mounted transit mixer,

5-13     crane, and shovel.

5-14                 (18)  "Towable recreational vehicle" means a

5-15     nonmotorized vehicle that:

5-16                       (A)  is designed:

5-17                             (i)  to be towable by a motor vehicle; and

5-18                             (ii)  for temporary human habitation for

5-19     recreational camping or seasonal use;

5-20                       (B)  is permanently built on a single chassis;

5-21     and

5-22                       (C)  contains one or more life support systems.

5-23                 (19)  "Trailer" means a vehicle, other than a pole

5-24     trailer, with or without motive power:

5-25                       (A)  designed to be drawn by a motor vehicle and

5-26     to transport persons or property; and

5-27                       (B)  constructed so that no part of the vehicle's

 6-1     weight and load rests on the motor vehicle.

 6-2                 (20) [(19)]  "Truck" means a motor vehicle designed,

 6-3     used, or maintained primarily to transport property.

 6-4                 (21) [(20)]  "Truck tractor" means a motor vehicle

 6-5     designed and used primarily to draw another vehicle but not

 6-6     constructed to carry a  load other than a part of the weight of the

 6-7     other vehicle and its load.

 6-8                 (22) [(21)]  "Vehicle" means a device that can be used

 6-9     to transport or draw persons or property on a highway.  The term

6-10     does not include:

6-11                       (A)  a device exclusively used on stationary

6-12     rails or tracks; or

6-13                       (B)  manufactured housing as that term is defined

6-14     by the Texas Manufactured Housing Standards Act (Article 5221f,

6-15     Vernon's Texas Civil Statutes).

6-16           SECTION 2.  Section 545.352(b), Transportation Code,  is

6-17     amended to read as follows:

6-18           (b)  Unless a special hazard exists that requires a slower

6-19     speed for compliance with Section 545.351(b), the following speeds

6-20     are lawful:

6-21                 (1)  30 miles per hour in an urban district on a street

6-22     other than an alley and 15 miles per hour in an alley;

6-23                 (2)  70 miles per hour in daytime and 65 miles per hour

6-24     in nighttime if the vehicle is a passenger car or motorcycle on a

6-25     highway numbered by this state or the United States outside an

6-26     urban district, including a farm-to-market or ranch-to-market road;

6-27                 (3)  60 miles per hour in daytime and 55 miles per hour

 7-1     in nighttime if the vehicle is a passenger car or motorcycle on a

 7-2     highway that is outside an urban district and not a highway

 7-3     numbered by this state or the United States;

 7-4                 (4)  60 miles per hour outside an urban district if a

 7-5     speed limit for the vehicle is not otherwise specified by this

 7-6     section; [or]

 7-7                 (5)  outside an urban district:

 7-8                       (A)  45 miles per hour, if the vehicle is towing

 7-9     a house trailer of an actual or registered gross weight heavier

7-10     than 4,500 pounds or larger than 32 feet, excluding the tow bar;

7-11                       (B)  50 miles per hour if the vehicle is a school

7-12     bus on a highway other than an interstate highway;

7-13                       (C)  55 miles per hour if the vehicle is a school

7-14     bus on an interstate highway; or

7-15                       (D) [(C)]  60 miles per hour in daytime and 55

7-16     miles per hour in nighttime if the vehicle is a truck, other than a

7-17     light truck, or if the vehicle is a truck tractor, trailer or

7-18     semitrailer, or a vehicle towing a trailer, semitrailer, another

7-19     motor vehicle or house trailer of an actual or registered gross

7-20     weight lighter than 4,500 pounds and a length of 32 feet or

7-21     shorter, excluding the tow bar; or

7-22                 (6)  65 miles per hour in daytime and 60 miles per hour

7-23     in nighttime if the vehicle is towing a towable recreational

7-24     vehicle.

7-25           SECTION 3.  (a)  In addition to the substantive changes in

7-26     law made by this Act, this Act conforms the Transportation Code to

7-27     changes in law made by Section 1, Chapter 295, Acts of the 74th

 8-1     Legislature, Regular Session, 1995.

 8-2           (b)  To the extent of any conflict, this Act prevails over

 8-3     another Act of the 75th Legislature, Regular Session, 1997,

 8-4     relating to nonsubstantive additions and corrections in enacted

 8-5     codes.

 8-6           SECTION 4.  This Act takes effect September 1, 1997.

 8-7           SECTION 5.  The importance of this legislation and the

 8-8     crowded condition of the calendars in both houses create an

 8-9     emergency and an imperative public necessity that the

8-10     constitutional rule requiring bills to be read on three several

8-11     days in each house be suspended, and this rule is hereby suspended.