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A BILL TO BE ENTITLED
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AN ACT
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relating to a memorial sign program for victims of certain vehicle |
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accidents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 201, Transportation Code, |
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is amended by adding Section 201.909 to read as follows: |
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Sec. 201.909. MEMORIAL SIGN PROGRAM. (a) In this section, |
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"victim" means a person killed in a highway accident involving |
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alcohol or a controlled substance, including an operator who was |
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under the influence of alcohol or a controlled substance. |
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(b) The department by rule shall establish and administer a |
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memorial sign program to publicly memorialize the victims of |
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alcohol or controlled substance-related vehicle accidents. |
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(c) A sign designed and posted under this section shall |
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include: |
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(1) the phrase "Please Don't Drink and Drive"; |
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(2) the phrase "In Memory Of" and the name or names of |
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the victim or victims in whose memory the sign is placed; and |
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(3) the date of the victim's or victims' death. |
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(d) A person may request a sign be posted under this section |
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by: |
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(1) making an application to the department on a form |
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prescribed by the department; and |
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(2) remitting payment to the department of a fee not to |
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exceed $100 to help defray the costs of administering this program. |
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(e) If the application meets the department's requirements |
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and the applicant pays the $100 fee, the department shall erect a |
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sign. A sign posted under this section shall remain indefinitely. |
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(f) Except as provided in Subsection (g), a sign posted |
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under this section that is damaged shall be removed by the |
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department unless a person: |
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(1) submits a written request to the department to |
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replace the sign; and |
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(2) submits a replacement fee to the department not to |
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exceed $100. |
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(g) The department shall replace a sign posted under this |
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section that is damaged because of the department's negligence. |
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(h) The department shall adopt rules to implement this |
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section, including rules providing for a hearing at the request of |
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concerned citizens. |
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(i) This section does not authorize the department to remove |
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an existing privately funded memorial that conforms to state law |
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and department rules. A privately funded memorial may remain |
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indefinitely as long as it conforms to state law and department |
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rules. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |