By Lindsay                                       S.B. No. 773

      75R5430 DWS-F                           

                                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.

 1-8     (a)  This section applies only to a part of a highway that is in

 1-9     the designated state highway system.

1-10           (b)  A municipality by ordinance may restrict to designated

1-11     lanes on the highway use of a part of a highway in the municipality

1-12     by class of vehicle.

1-13           (c)  Before adopting an ordinance under this section, the

1-14     municipality shall submit to the Texas Department of Transportation

1-15     a description of the proposed restriction.  The municipality may

1-16     not enforce the restriction unless:

1-17                 (1)  the executive director or the executive director's

1-18     designee has approved the restriction; and

1-19                 (2)  the appropriate traffic-control devices are in

1-20     place.

1-21           (d)  The executive director or the executive director's

1-22     designee may suspend or rescind approval under this section for one

1-23     or more of the following reasons:

1-24                 (1)  a change in pavement conditions;

 2-1                 (2)  a change in traffic conditions;

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

 2-3                 (4)  construction or maintenance activity; or

 2-4                 (5)  emergency or incident management.

 2-5           (e)  The department shall erect and maintain official

 2-6     traffic-control devices necessary to implement and enforce an

 2-7     ordinance adopted and approved under this section.

 2-8           SECTION 2.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended,

2-13     and that this Act take effect and be in force from and after its

2-14     passage, and it is so enacted.