80R6383 JLL-D

By: Deuell S.B. No. 937

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, including 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 a sign be posted under this section by:

(1) making an application to the department on a form prescribed by the department; and

(2) remitting payment to the department of a fee not to exceed $100 to help defray the costs of administering this program.

(e) If the application meets the department's requirements and the applicant pays the $100 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 to the department not to exceed $100.

(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.