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79R2376 DWS-D

By:  Martinez                                                     H.B. No. 803



A BILL TO BE ENTITLED

AN ACT

relating to improvement work areas on certain controlled access 
highways.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 223, Transportation Code, 
is amended by adding Section 223.049 to read as follows:
	Sec. 223.049.  TEMPORARY EXIT SIGNS.  If an improvement to a 
designated controlled access highway requires, while the 
improvement is being made, that an exit be closed or moved, a new 
exit be opened, or a sign that provides information about an exit be 
removed or covered, the contract for the improvement must require 
the erection of temporary signs providing notice of the location of 
exits in the improvement area and appropriate information 
concerning streets, highways, and districts to which the exits 
provide access.
	SECTION 2.  Subchapter B, Chapter 545, Transportation Code, 
is amended by adding Section 545.0653 to read as follows:
	Sec. 545.0653.  RESTRICTION ON COMMERCIAL MOTOR VEHICLE IN 
CONSTRUCTION OR MAINTENANCE WORK ZONE.  (a)  This section applies 
only on a highway that:
		(1)  is in the designated state highway system;                        
		(2)  is designated a controlled access facility; and                   
		(3)  has a minimum of two travel lanes, excluding 
access or frontage roads, in each direction of traffic.
	(b)  An operator of a commercial motor vehicle, as defined by 
Section 545.307, in a construction or maintenance work zone, as 
defined by Section 472.022, may drive only in the lane farthest to 
the right except:
		(1)  to pass another vehicle;                                          
		(2)  to enter or exit the highway; or                                  
		(3)  as provided by Subsection (c).                                    
	(c)  The executive director of the Texas Department of 
Transportation or the executive director's designee may suspend or 
rescind the restriction imposed by Subsection (b) in all or part of 
the construction or maintenance work zone if the executive director 
or designee determines that the restriction creates an unsafe 
condition.
	(d)  The Texas Department of Transportation shall erect and 
maintain official traffic control devices necessary to implement 
and enforce this section. A restriction imposed by Subsection (b) 
may not be enforced until the appropriate traffic control devices 
are in place.
	SECTION 3.  Section 223.049, Transportation Code, as added 
by this Act, applies only to a contract entered into or modified on 
or after the effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2005.