By: Lindsay S.B. No. 773 A BILL TO BE ENTITLED AN ACT 1-1 relating to restricting the use of designated lanes of certain 1-2 highways. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 545, Transportation Code, 1-5 is amended by adding Section 545.0651 to read as follows: 1-6 Sec. 545.0651. MUNICIPAL RESTRICTION ON USE OF HIGHWAY. 1-7 (a) In this section: 1-8 (1) "Department" means the Texas Department of 1-9 Transportation. 1-10 (2) "Highway" means a public roadway that: 1-11 (A) is in the designated state highway system; 1-12 (B) is designated a controlled access facility; 1-13 and 1-14 (C) has a minimum of three travel lanes, 1-15 excluding access or frontage roads, in each direction of traffic. 1-16 (b) A municipality by ordinance may restrict, by class of 1-17 vehicle, through traffic to two designated lanes of a highway in 1-18 the municipality. 1-19 (c) An ordinance under Subsection (b) must: 1-20 (1) be in effect only during peak traffic hours of a 1-21 workday; and 1-22 (2) allow a restricted vehicle to use any lane of the 1-23 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) must: 2-10 (1) be based on a traffic study performed by the 2-11 department to evaluate the effect 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 the executive 2-16 director's designee may suspend or rescind approval under this 2-17 section for one 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 traffic 2-24 control devices necessary to implement and enforce an ordinance 2-25 adopted and approved under this section. 3-1 SECTION 2. The importance of this legislation and the 3-2 crowded condition of the calendars in both houses create an 3-3 emergency and an imperative public necessity that the 3-4 constitutional rule requiring bills to be read on three several 3-5 days in each house be suspended, and this rule is hereby suspended, 3-6 and that this Act take effect and be in force from and after its 3-7 passage, and it is so enacted.