H.B. 37 78(R)    BILL ANALYSIS


H.B. 37
By: Luna
Transportation
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current state law, the Texas Transportation Commission, the
commissioners court of a county, or a municipality may only alter prima
facie speed limits after conducting an engineering and traffic
investigation.   

School-related activities held at off-campus locations are often in areas
where speed limits on surrounding roads are too high to adequately protect
the safety of participating students.   HB 37 broadens the authority of
cities and counties in regard to school related speed limits by allowing a
governmental entity to declare lower speed limits, without an engineering
or traffic investigation on portions of the state highway system, for
off-campus areas where school- related activities take place.  The
governing entity is given the option to make the lowered prima facie speed
limit effective at all times or at other times as determined. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

HB 37 amends Subchapter H, Chapter 545, Transportation Code by adding
Section 545.3571.  The bill permits the governing body of a municipality,
the commissioners court of a county, or the Texas Transportation
Commission to lower the prima facie speed limit for a highway or part of a
highway without an engineering and traffic investigation if the
governmental entity determines that the highway or part of the highway
affected is near a facility at which public or private elementary or
secondary school student or students of an institution of higher education
participate in or attend a school-related activity; the prima facie speed
limit is, at all times or at other times determined, unreasonable; and a
lower prima facie speed limit is necessary, at all times or at other times
determined, for the safety of the persons attending or participating in a
school-related activity. 


EFFECTIVE DATE

September 1, 2003, or immediately if it receives a vote of two-thirds of
all the members elected to each house.