HBA-ALS, MAJ H.B. 369 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 369
By: Seaman
Transportation
4/4/1999
Introduced



BACKGROUND AND PURPOSE 

Under the Transportation Code, a person is prohibited from driving on a
beach at a speed of more than 25 miles per hour in the daytime and 20 miles
per hour in the nighttime.  Also under current law, a county cannot
establish a speed limit of less than 30 miles per hour on a county road.
Accordingly, a county does not have the power to set speed limits lower
than those provided in the Transportation Code for a beach located in that
county.  The purpose of this bill is the protection of pedestrians on
public beaches.  H.B. 369 allows the commissioners court of a county
bordering on the Gulf of Mexico or its tidewater limits to establish speed
limits on beaches lower than the limits specified under current law. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 61.122(a), Natural Resources Code, to authorize
the commissioners court of a county bordering on the Gulf of Mexico or its
tidewater limits to declare speed limits lower than the limits stated in
Section 545.364, Transportation Code (Speed Limits on Beaches), on any
beach within the county.   

SECTION 2.  Amends Section 545.355(a), Transportation Code, to authorize
the commissioners court of a county bordering on the Gulf of Mexico or its
tidewater limits to declare a speed limit lower than 30 miles per hour for
a portion of a county road or highway that is adjacent to a beach if the
commissioners court determines that the prima facie speed limit is
unreasonable or unsafe. 

SECTION 3.  Amends Section 545.364, Transportation Code, to prohibit a
person from operating a motor vehicle on a beach at a speed above any lower
speed limit set under Section 61.122(a), Natural Resources Code, by the
county commissioners court where the vehicle is being operated. Makes
nonsubstantive changes. 


SECTION 4.  Emergency clause.
  Effective date: upon passage.