78R278 DWS-D

By:  Luna                                                         H.B. No. 37 



A BILL TO BE ENTITLED

AN ACT

relating to speed limits near a facility where a school-related 
activity is held.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter H, Chapter 545, Transportation Code, 
is amended by adding Section 545.3571 to read as follows:
	Sec. 545.3571.  SPEED LIMITS NEAR SCHOOL-RELATED ACTIVITY. 
(a)  The governing body of a municipality, the commissioners court 
of a county, or the Texas Transportation Commission may 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:
		(1)  the highway or part of a highway is near a facility 
at which public or private elementary or secondary school students 
or students of an institution of higher education, as defined by 
Section 61.003(8) or (15), Education Code, participate in a 
school-related activity;
		(2)  the prima facie speed limit on the highway is, at 
all times or at other times as determined, unreasonable; and
		(3)  a lower prima facie speed limit on the highway is 
necessary, at all times or at other times as determined, for the 
safety of persons attending or participating in a school-related 
activity.
	(b)  This section applies:                                              
		(1)  with respect to a municipality, to a highway in the 
municipality, including a highway of the state highway system;
		(2)  with respect to a county, to a county road in the 
county, outside a municipality, and outside the state highway 
system; and
		(3)  with respect to the Texas Transportation 
Commission, to a highway in the state highway system.
	(c)  A prima facie speed limit that is lowered under this 
section is effective when the governmental entity erects signs 
giving notice of the new limit and at all times or at other times as 
determined.
	(d)  This subsection does not authorize a municipality to 
modify the rule established by Section 545.351(a).
	SECTION 2.  Section 545.359, Transportation Code, is amended 
to read as follows:
	Sec. 545.359.  CONFLICTING DESIGNATED SPEED LIMITS.  An 
order of the Texas Transportation Commission declaring a speed 
limit on a part of a designated or marked route of the state highway 
system made under Section 545.353 or 545.362 supersedes any 
conflicting designated speed established under Sections 545.356 
and 545.358.  An order of the Texas Transportation Commission 
declaring a speed limit on a part of a designated or marked route of 
the state highway system made under Section 545.3571 supersedes any 
conflicting designated speed established by a municipality under 
that section.
	SECTION 3.   This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.