78R5655 MTB-D

By:  Williams                                                     S.B. No. 540



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the commissioners court of a county to 
alter speed limits on county roads.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 545.355, Transportation Code, is 
amended to read as follows:
	Sec. 545.355.  AUTHORITY OF COUNTY COMMISSIONERS COURT TO 
ALTER SPEED LIMITS.  (a)  The commissioners court of a county, for 
a county road or highway outside the limits of the right-of-way of 
an officially designated or marked highway or road of the state 
highway system and outside a municipality, has the same authority 
to increase prima facie speed limits from the results of an 
engineering and traffic investigation as the Texas Transportation 
Commission on an officially designated or marked highway of the 
state highway system.
	(b)  The commissioners court of a county[, and] may declare a 
lower speed limit of not less than:
		(1)  30 miles per hour on a county road or highway to 
which this section applies, if the commissioners court determines 
that the prima facie speed limit on the road or highway is 
unreasonable or unsafe; or
		(2)  20 miles per hour in a residence district.                        
	(c)  The commissioners court may not modify the rule 
established by Section 545.351(a) or establish a speed limit of 
more than 60 miles per hour.
	(d) [(b)]  The commissioners court may modify a prima facie 
speed limit in accordance with this section only by an order entered 
on its records.
	(e) [(c)]  The commissioners court of a county with a 
population of more than 2.8 million may establish from the results 
of an engineering and traffic investigation a speed limit of not 
more than 70 miles per hour on any part of a highway of that county 
that is a limited-access or controlled-access highway, regardless 
of the location of the part of the highway.
	SECTION 2.   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.