BILL ANALYSIS |
C.S.H.B. 509 |
By: Raney |
Transportation |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties point out that a public or private elementary or secondary school or an institution of higher education is currently authorized to request from the state, city, or county, as applicable, that the entity consider prima facie speed limits on a highway or road near the school. These parties note that, in order to better protect students as they enter and exit the school grounds, there should be an appeal process for a school that has such a request denied. C.S.H.B. 509 seeks to address this concern.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 509 amends the Transportation Code to expand the applicability of statutory provisions requiring the governing body of a municipality, the commissioners court of a county, or the Texas Transportation Commission on request to hold a public hearing at least once each calendar year to consider prima facie speed limits on certain highways or county roads near a public or private elementary or secondary school or an institution of higher education located in the municipality or county, as applicable, to include such highways and roads near an open-enrollment charter school located in the municipality or county. The bill specifies that the request to hold such a public hearing is made by the governing body of the school or institution of higher education, as applicable. The bill prohibits the municipal governing body, the county commissioners court, or the commission, as applicable, from rejecting a request for a prima facie speed limit by a public or private elementary or secondary school, an open-enrollment charter school, or an institution of higher education without first making a written finding stating a reasonable basis for the rejection and authorizes the governing body of a school or institution of higher education to appeal a rejection of such a request to the district court of the county in which the school or institution is located not later than the 90th day after the date the written finding is made. The bill authorizes the district court to grant the requested prima facie speed limit if the governing body shows by clear and convincing evidence that the rejection of the request was not based on accepted traffic management principles. The bill authorizes the governing body of a school or institution of higher education to consult with the Texas Department of Transportation, the commission, and local transportation authorities on the feasibility of a prima facie speed limit during the acquisition and design of property for a public or private elementary or secondary school, an open-enrollment charter school, or an institution of higher education.
C.S.H.B. 509 authorizes the commissioners court of a county to declare an altered lower speed limit of not less than 15 miles per hour on a county road or highway located within 500 feet of an elementary, secondary, or open-enrollment charter school or an institution of higher education, if appropriately approved.
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EFFECTIVE DATE
September 1, 2015.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 509 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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