1-1     By:  Lindsay                                           S.B. No. 773

 1-2           (In the Senate - Filed February 25, 1997; March 3, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     April 21, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0; April 21, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 773                  By:  Lindsay

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to restricting the use of designated lanes of certain

1-11     highways.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter B, Chapter 545, Transportation Code,

1-14     is amended by adding Section 545.0651 to read as follows:

1-15           Sec. 545.0651.  MUNICIPAL RESTRICTION ON USE OF HIGHWAY.

1-16     (a)  In this section:

1-17                 (1)  "Department" means the Texas Department of

1-18     Transportation.

1-19                 (2)  "Highway" means a public roadway that:

1-20                       (A)  is in the designated state highway system;

1-21                       (B)  is designated a controlled access facility;

1-22     and

1-23                       (C)  has a minimum of three travel lanes,

1-24     excluding access or frontage roads, in each direction of traffic.

1-25           (b)  A municipality by ordinance may restrict, by class of

1-26     vehicle, through traffic to two designated lanes of a highway in

1-27     the municipality.

1-28           (c)  An ordinance under Subsection (b) must:

1-29                 (1)  be in effect only during peak traffic hours of a

1-30     workday; and

1-31                 (2)  allow a restricted vehicle to use any lane of the

1-32     highway to pass another vehicle and to enter and exit the highway.

1-33           (d)  Before adopting an ordinance under this section, the

1-34     municipality shall submit to the department a description of the

1-35     proposed restriction.  The municipality may not enforce the

1-36     restrictions unless:

1-37                 (1)  the department's executive director or the

1-38     executive director's designee has approved the restrictions; and

1-39                 (2)  the appropriate traffic control devices are in

1-40     place.

1-41           (e)  Department approval under Subsection (d) must:

1-42                 (1)  be based on a traffic study performed by the

1-43     department to evaluate the effect of the proposed restriction; and

1-44                 (2)  to the greatest extent practicable, ensure a

1-45     systems approach to preclude the designation of inconsistent lane

1-46     restrictions among adjacent municipalities.

1-47           (f)  The department's executive director or the executive

1-48     director's designee may suspend or rescind approval under this

1-49     section for one or more of the following reasons:

1-50                 (1)  a change in pavement conditions;

1-51                 (2)  a change in traffic conditions;

1-52                 (3)  a geometric change in roadway configuration;

1-53                 (4)  construction or maintenance activity; or

1-54                 (5)  emergency or incident management.

1-55           (g)  The department shall erect and maintain official traffic

1-56     control devices necessary to implement and enforce an ordinance

1-57     adopted and approved under this section.

1-58           SECTION 2.  The importance of this legislation and the

1-59     crowded condition of the calendars in both houses create an

1-60     emergency and an imperative public necessity that the

1-61     constitutional rule requiring bills to be read on three several

1-62     days in each house be suspended, and this rule is hereby suspended,

1-63     and that this Act take effect and be in force from and after its

1-64     passage, and it is so enacted.