80R10437 JLL-D
 
  By: Brown of Kaufman H.B. No. 2859
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a memorial sign program for victims of certain vehicle
accidents.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter K, Chapter 201, Transportation Code,
is amended by adding Section 201.909 to read as follows:
       Sec. 201.909.  MEMORIAL SIGN PROGRAM. (a) In this section,
"victim" means a person killed in a highway accident involving
alcohol or a controlled substance, excluding an operator who was
under the influence of alcohol or a controlled substance.
       (b)  The department by rule shall establish and administer a
memorial sign program to publicly memorialize the victims of
alcohol or controlled substance-related vehicle accidents.
       (c)  A sign designed and posted under this section shall
include:
             (1)  the phrase "Please Don't Drink and Drive";
             (2)  the phrase "In Memory Of" and the name or names of
the victim or victims in whose memory the sign is placed; and
             (3)  the date of the victim's or victims' death.
       (d)  A person may request that a sign be posted under this
section by:
             (1)  making an application to the department on a form
prescribed by the department; and
             (2)  submitting an application fee to the department in
an amount determined by the department to help defray the costs of
administering this program.
       (e)  If the application meets the department's requirements
and the applicant pays the application fee, the department shall
erect a sign.  A sign posted under this section shall remain
indefinitely.
       (f)  Except as provided in Subsection (g), a sign posted
under this section that is damaged shall be removed by the
department unless a person:
             (1)  submits a written request to the department to
replace the sign; and
             (2)  submits a replacement fee in the amount provided
under Subsection (d)(2) for an application fee.
       (g)  The department shall replace a sign posted under this
section that is damaged because of the department's negligence.
       (h)  The department shall adopt rules to implement this
section, including rules providing for a hearing at the request of
concerned citizens.
       (i)  This section does not authorize the department to remove
an existing privately funded memorial that conforms to state law
and department rules. A privately funded memorial may remain
indefinitely as long as it conforms to state law and department
rules.
       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, 2007.