78R4219 JTS-D

By:  Elkins                                                       H.B. No. 1001


A BILL TO BE ENTITLED
AN ACT
relating to the penalty for speeding on a highway where the Texas Transportation Commission has established a speed limit for environmental purposes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 542, Transportation Code, is amended by adding Section 542.405 to read as follows: Sec. 542.405. FINE FOR SPEEDING OFFENSE IN ENVIRONMENTAL SPEED ZONE. (a) If a person commits an offense under Section 545.351 on a part of the highway system where the Texas Transportation Commission has declared a prima facie speed limit for environmental purposes and the person was exceeding that speed limit by 20 miles per hour or less, the maximum fine applicable to the offense is $25. (b) A person who delivers or issues for delivery insurance coverage for a motor vehicle may not consider an offense described by Subsection (a) in determining the rate for the coverage. A person that violates this subsection is subject to the penalties described by Article 5.12-1, Insurance Code. SECTION 2. Subchapter H, Chapter 545, Transportation Code, is amended by adding Section 545.3531 to read as follows: Sec. 545.3531. SPEED LIMIT DECLARED FOR ENVIRONMENTAL PURPOSES. If the Texas Transportation Commission declares on a highway a prima facie speed limit for environmental purposes, the commission shall inform the appropriate law enforcement agencies and courts of the declared speed limit and where the declared speed limit begins and ends on that highway. SECTION 3. This Act takes effect September 1, 2003, and applies only to an offense committed on or after that date. An offense committed before the effective date of this Act is covered by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose.