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.