By: Brown (Senate Sponsor - Ogden) H.B. No. 109
         (In the Senate - Received from the House April 6, 2011;
  April 20, 2011, read first time and referred to Committee on
  Transportation and Homeland Security; May 16, 2011, reported
  adversely, with favorable Committee Substitute by the following
  vote:  Yeas 7, Nays 0; May 16, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 109 By:  Nichols
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the temporary lowering of prima facie speed limits at a
  vehicular accident reconstruction site.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 544.002(c), Transportation Code, is
  amended to read as follows:
         (c)  A local authority may not place or maintain a
  traffic-control device on a highway under the jurisdiction of the
  Texas Department of Transportation without that department's
  permission, except as authorized under Section 545.3561.
         SECTION 2.  Subchapter H, Chapter 545, Transportation Code,
  is amended by adding Section 545.3561 to read as follows:
         Sec. 545.3561.  AUTHORITY OF MUNICIPALITY OR COUNTY TO
  TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR ACCIDENT RECONSTRUCTION
  SITE.  (a)  The governing body of a municipality by ordinance may
  give a designated official with transportation engineering
  experience establishing speed limits discretion to temporarily
  lower a prima facie speed limit for a highway or part of a highway in
  the municipality, including a highway of the state highway system,
  at the site of an investigation using vehicular accident
  reconstruction.
         (b)  A county commissioners court by order may give a
  designated official with transportation engineering experience
  establishing speed limits discretion to temporarily lower prima
  facie speed limits for a county road or highway outside the
  boundaries of a municipality at the site of an investigation using
  vehicular accident reconstruction.  The authority granted under
  this subsection does not include a road or highway in the state
  highway system.
         (c)  The Texas Department of Transportation shall develop
  safety guidelines for the use of vehicular accident reconstruction
  in investigations.  A municipality, county, or designated official
  shall comply with the guidelines.
         (d)  A designated official may temporarily lower prima facie
  speed limits without the approval of or permission from the Texas
  Department of Transportation.  A designated official who intends to
  temporarily lower a prima facie speed limit at the site of an
  investigation using vehicular accident reconstruction shall, at
  least 48 hours before temporary speed limit signs are posted for the
  vehicular accident reconstruction site, provide to the Texas
  Department of Transportation notice that includes:
               (1)  the date and time of the accident reconstruction;
               (2)  the location of the accident reconstruction site;
               (3)  the entities involved at the site;
               (4)  the general size of the area affected by the site;
  and
               (5)  an estimate of how long the site will be used for
  the accident reconstruction.
         (e)  A temporary speed limit established under this section:
               (1)  is a prima facie prudent and reasonable speed
  limit enforceable in the same manner as other prima facie speed
  limits established under other provisions of this subchapter; and
               (2)  supersedes any other established speed limit that
  would permit a person to operate a motor vehicle at a higher rate of
  speed.
         (f)  A designated official who temporarily lowers a speed
  limit shall:
               (1)  place and maintain at the vehicular accident
  reconstruction site temporary speed limit signs that conform to the
  manual and specifications adopted under Section 544.001;
               (2)  temporarily conceal all other signs on the highway
  segment affected by the vehicular accident reconstruction site that
  give notice of a speed limit that would permit a person to operate a
  motor vehicle at a higher rate of speed; and
               (3)  remove all temporary speed limit signs placed
  under Subdivision (1) and concealments of other signs placed under
  Subdivision (2) when the official finds that the vehicular accident
  reconstruction is complete and all equipment is removed from the
  vehicular accident reconstruction site.
         (g)  A temporary speed limit established under this section
  is effective when a designated official places temporary speed
  limit signs and conceals other signs that would permit a person to
  operate a motor vehicle at a higher rate of speed as required under
  Subsection (f).
         (h)  A temporary speed limit established under this section
  is effective until the designated official under Subsection (a) or
  (b):
               (1)  finds that the vehicular accident reconstruction
  is complete; and
               (2)  removes all temporary signs, concealments, and
  equipment used at the vehicular accident reconstruction site.
         (i)  If a designated official does not comply with the
  requirements of Subsection (f)(3) for a vehicular accident
  reconstruction on a state highway associated with the
  reconstruction, the Texas Department of Transportation may remove
  signs and concealments.
         SECTION 3.  Section 553.002, Transportation Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  This section does not apply to an ordinance enacted or a
  temporary speed limit sign erected or operated under Section
  545.3561.
         SECTION 4.  This Act takes effect September 1, 2011.
 
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