By: Martinez H.B. No. 2975

A BILL TO BE ENTITLED

AN ACT

relating to speed limits; amending provisions subject to a general criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 545.352, Transportation Code, is amended by amending Subsections (a) and (b) and adding Subsection (b-1) to read as follows:

(a) A speed in excess of a limit [the limits] established by [Subsection (b) or under another provision of] this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful.

(b) Unless a special hazard exists that requires a slower speed for compliance with Section 545.351(b), the following speeds are lawful:

(1) [30 miles per hour] in an urban district:

(A) 30 miles per hour on a street other than an alley; or

(B) [and] 15 miles per hour in an alley;

(2) outside an urban district, for a vehicle that is not a school bus:

(A) [except as provided by Subdivision (4),] 70 miles per hour on a highway numbered by this state or the United States [outside an urban district], including a farm-to-market or ranch-to-market road; or

(B) [(3) except as provided by Subdivision (4),] 60 miles per hour on a highway that is [outside an urban district and] not [a highway] numbered by this state or the United States;

(3) [(4) outside an urban district:

[(A) 60 miles per hour if the vehicle is a school bus that has passed a commercial motor vehicle inspection under Section 548.201 and is on a highway numbered by the United States or this state, including a farm-to-market road; or

[(B) 50 miles per hour if the vehicle is a school bus that:

[(i) has not passed a commercial motor vehicle inspection under Section 548.201; or

[(ii) is traveling on a highway not numbered by the United States or this state;

[(5)] on a beach, 15 miles per hour; or

(4) [(6)] on a county road adjacent to a public beach, 15 miles per hour, if declared by the commissioners court of the county.

(b-1) The following speeds are lawful for a school bus operating outside an urban district:

(1) 60 miles per hour if the bus has passed a commercial motor vehicle inspection under Section 548.201 and is operating on a highway numbered by this state or the United States, including a farm-to-market or ranch-to-market road; or

(2) 50 miles per hour if Subdivision (1) does not apply.

SECTION 2. Section 545.353, Transportation Code, is amended to read as follows:

Sec. 545.353. AUTHORITY OF TEXAS DEPARTMENT OF TRANSPORTATION [COMMISSION] TO ALTER SPEED LIMITS. (a) If the Texas Department of Transportation [Commission] determines from the results of an engineering and traffic investigation that a prima facie speed limit in this subchapter is unreasonable or unsafe on a part of the highway system, the executive director or a deputy director of the Texas Department of Transportation [commission, by order recorded in its minutes], [and] except as provided in Subsection (d), may determine and declare, in writing:

(1) a reasonable and safe prima facie speed limit; and

(2) another reasonable and safe speed because of wet or inclement weather.

(b) In determining whether a prima facie speed limit on a part of the highway system is reasonable and safe, the Texas Department of Transportation [commission] shall consider:

(1) the results of an engineering and traffic investigation;

(2) the width and condition of the pavement;

(3) [,] the usual traffic at the affected area;[,] and

(4) other circumstances.

(c) The Texas Department of Transportation shall provide notice of a prima facie speed limit declared under this section on the agency's Internet website for at least one year after the date the speed limit is declared. The new [A prima facie speed] limit [that is declared by the commission under this section] is effective when the Texas Department of Transportation [commission] erects signs giving notice of the new limit. A new limit that is enacted for a highway under this section is effective at all times or at other times as determined.

(d) The Texas Department of Transportation [Except as provided by Subsection (h-1), the commission] may not:

(1) modify the requirements of [rules established by] Section 545.351(b);

(2) except as provided by Subsection (d-1), establish a speed limit of more than 75 miles per hour; [or]

(3) increase the speed limit for a school bus; or

(4) establish, or agree to establish, a speed limit for environmental purposes on a part of the highway system [vehicle described by Section 545.352(b)(4)].

(d-1) The Texas Department of Transportation may establish the following prima facie speed limits under this section if the agency determines that the speeds are reasonable and safe:

(1) up to 80 miles per hour on a part of Interstate Highway 10 or Interstate Highway 20 in Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton, or Ward County; or

(2) up to 85 miles per hour on a part of the state highway system if that part of the highway system is designed to accommodate travel at that established speed or a higher speed.

(e) The Texas Department of Transportation shall develop and publish a manual that provides the information and procedures necessary to establish a speed zone or an advisory speed on the state highway system. The Texas Department of Transportation shall follow the procedures in the manual when [commission, in] conducting an [the] engineering and traffic investigation for the purposes of this section [specified by Subsection (a), shall follow the "Procedure for Establishing Speed Zones" as adopted by the commission]. The Texas Department of Transportation [commission] may revise the manual [procedure] to accommodate technological advancement in traffic operation, the design and construction of highways and motor vehicles, and the safety of the motoring public.

(f) The [commission's] authority of the Texas Department of Transportation to alter speed limits applies:

(1) to any part of a highway officially designated or marked by the commission as part of the state highway system; and

(2) both inside and outside the limits of a municipality, including a home-rule municipality, for a limited-access or controlled-access highway.

(g) For purposes of this section, "wet or inclement weather" means a condition of the roadway that makes driving on the roadway unsafe and hazardous and that is caused by precipitation, including water, ice, and snow.

[(h) Notwithstanding Section 545.352(b), the commission may establish a speed limit of 75 miles per hour on a part of the highway system if the commission determines that 75 miles per hour is a reasonable and safe speed for that part of the highway system.

[(h-1) Notwithstanding Section 545.352(b), the commission may establish a speed limit of 80 miles per hour on a part of Interstate Highway 10 or Interstate Highway 20 in Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton, or Ward County if the commission determines that 80 miles per hour is a reasonable and safe speed for that part of the highway.

[(h-2) Notwithstanding Section 545.352(b), the commission may establish a speed limit not to exceed 85 miles per hour on a part of the state highway system if:

[(1) that part of the highway system is designed to accommodate travel at that established speed or a higher speed; and

[(2) the commission determines, after an engineering and traffic investigation, that the established speed limit is reasonable and safe for that part of the highway system.

[(j) The commission may not determine or declare, or agree to determine or declare, a prima facie speed limit for environmental purposes on a part of the highway system.]

SECTION 3. Section 545.3535, Transportation Code, is amended to read as follows:

Sec. 545.3535. AUTHORITY OF TEXAS DEPARTMENT OF TRANSPORTATION [COMMISSION] TO ALTER SPEED LIMITS ON CERTAIN ROADS. (a) The commissioners court of a county by resolution may request that the Texas Department of Transportation [Commission to] determine and declare a reasonable and safe prima facie speed limit that is lower than a speed limit established by Section 545.352 on any part of a farm-to-market or a ranch-to-market road of the highway system that is located in that county and is without improved shoulders.

(b) The Texas Department of Transportation [commission] shall give consideration to local public opinion and may determine and declare a lower speed limit on any part of the road without an engineering and traffic investigation, but the agency [commission] must use sound and generally accepted traffic engineering practices in determining and declaring the lower speed limit.

(c) The Texas Department of Transportation [commission by rule] shall establish standards for determining lower speed limits within a set range.

SECTION 4. Section 545.355(a), Transportation Code, is amended to read as follows:

(a) The commissioners court of a county, for a county road or highway outside the limits of the right-of-way of an officially designated or marked highway or road of the state highway system and outside a municipality, has the same authority to increase prima facie speed limits from the results of an engineering and traffic investigation as the Texas Department of Transportation [Commission] on an officially designated or marked highway of the state highway system.

SECTION 5. Sections 545.356(a) and (b), Transportation Code, are amended to read as follows:

(a) The governing body of a municipality, for a highway or part of a highway in the municipality, including a highway of the state highway system, has the same authority to alter by ordinance prima facie speed limits from the results of an engineering and traffic investigation as the Texas Department of Transportation [Commission] on an officially designated or marked highway of the state highway system. The governing body of a municipality may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour.

(b) The governing body of a municipality, for a highway or part of a highway in the municipality, including a highway of the state highway system, has the same authority to alter prima facie speed limits from the results of an engineering and traffic investigation as the Texas Department of Transportation [commission] for an officially designated or marked highway of the state highway system, when the highway or part of the highway is under repair, construction, or maintenance. A municipality may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour.

SECTION 6. Section 545.358, Transportation Code, is amended to read as follows:

Sec. 545.358. AUTHORITY OF COMMANDING OFFICER OF UNITED STATES MILITARY RESERVATION TO ALTER SPEED LIMITS. The commanding officer of a United States military reservation, for a highway or part of a highway in the military reservation, including a highway of the state highway system, has the same authority by order to alter prima facie speed limits from the results of an engineering and traffic investigation as the Texas Department of Transportation [Commission] for an officially designated or marked highway of the state highway system. A commanding officer may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour.

SECTION 7. Section 545.359, Transportation Code, is amended to read as follows:

Sec. 545.359. CONFLICTING DESIGNATED SPEED LIMITS. A prima facie [An order of the Texas Transportation Commission declaring a] speed limit declared for [on] a part of a designated or marked route of the state highway system [made] under Section 545.353 or 545.362 supersedes a [any] conflicting [designated] speed limit established under Section [Sections] 545.356 or [and] 545.358.

SECTION 8. Section 545.361(e), Transportation Code, is amended to read as follows:

(e) The Texas Department of Transportation [Commission], for a state highway or [, the Texas Turnpike Authority, for] any part of a turnpike constructed and maintained by the state [authority], or [and] a local authority for a highway under the jurisdiction of the local authority, may investigate a bridge or other elevated structure that is a part of a highway. If after conducting the investigation the agency [commission, turnpike authority,] or local authority finds that the structure cannot safely withstand vehicles traveling at a speed otherwise permissible under this subtitle, the agency [commission, turnpike authority,] or local authority shall:

(1) determine and declare the maximum speed of vehicles that the structure can safely withstand; and

(2) post and maintain signs before each end of the structure stating the maximum speed.

SECTION 9. Sections 545.362(a), (c), (d), (e), (f), (g), (h), (i), and (j), Transportation Code, are amended to read as follows:

(a) Subject to Subsection (c), the Texas Department of Transportation [Commission] may enter an order establishing prima facie speed limits of not more than 75 miles per hour applicable to all highways, including a turnpike under the authority of the Texas Turnpike Authority or a highway under the control of a municipality or county. An order entered under this section does not have the effect of increasing a speed limit on any highway.

(c) An order may be issued under Subsection (a) only if the Texas Department of Transportation [commission] finds and states in the order that:

(1) a severe shortage of motor fuel or other petroleum product exists, the shortage was caused by war, national emergency, or other circumstances, and a reduction of speed limits will foster conservation and safety; or

(2) the failure to alter state speed limits will prevent the state from receiving money from the United States for highway purposes.

(d) Unless a specific speed limit is required by federal law or directive under threat of loss of highway money of the United States, the Texas Department of Transportation [commission] may not set prima facie speed limits under this section of all vehicles at less than 60 miles per hour, except on a divided highway of at least four lanes, for which the Texas Department of Transportation [commission] may not set prima facie speed limits of all vehicles at less than 65 miles per hour.

(e) Before the Texas Department of Transportation [commission] may enter an order establishing a prima facie speed limit, it must hold a public hearing preceded by the publication in at least three newspapers of general circulation in the state of a notice of the date, time, and place of the hearing and of the action proposed to be taken. The notice must be published at least 12 days before the date of the hearing. At the hearing, all interested persons may present oral or written testimony regarding the proposed order.

(f) If the Texas Department of Transportation [commission] enters an order under this section, it shall file the order in the office of the governor. The governor shall then make an independent finding of fact and determine the existence of the facts in Subsection (c). Before the 13th day after the date the order is filed in the governor's office, the governor shall conclude the finding of fact, issue a proclamation stating whether the necessary facts exist to support the issuance of the [commission's] order, and file copies of the order and the proclamation in the office of the secretary of state.

(g) If the governor's proclamation states that the facts necessary to support the issuance of the [commission's] order exist, the order takes effect according to Subsection (h). Otherwise, the order has no effect.

(h) In an order issued under this section, the Texas Department of Transportation [commission] may specify the date the order takes effect, but that date may not be sooner than the eighth day after the date the order is filed with the governor. If the order does not have an effective date, it takes effect on the 21st day after the date it is filed with the governor. Unless the order by its own terms expires earlier, it remains in effect until a subsequent order adopted by the procedure prescribed by this section amends or repeals it, except that an order adopted under this section expires when this section expires. The procedure for repealing an order is the same as for adopting an order, except that the Texas Department of Transportation [commission] and the governor must find that the facts required to support the issuance of an order under Subsection (c) no longer exist.

(i) If an order is adopted in accordance with this section, the Texas Department of Transportation [commission] and all governmental authorities responsible for the maintenance of highway speed limit signs shall take appropriate action to conceal or remove all signs that give notice of a speed limit of more than the one contained in the order and to erect appropriate signs. All governmental entities responsible for administering traffic safety programs and enforcing traffic laws shall use all available resources to notify the public of the effect of the order. To accomplish this purpose, the governmental entities shall request the cooperation of all news media in the state.

(j) A change in speed limits under this section is effective until the Texas Department of Transportation [commission] makes a finding that the conditions in Subsection (c) require or authorize an additional change in those speed limits or in the highway or sections of highway to which those speed limits apply.

SECTION 10. Section 545.363(b), Transportation Code, is amended to read as follows:

(b) When the Texas Department of Transportation [Commission, the Texas Turnpike Authority], the commissioners court of a county, or the governing body of a municipality, within the jurisdiction of each, [as applicable,] as specified in this subchapter [Sections 545.353 to 545.357], determines from the results of an engineering and traffic investigation that slow speeds on a part of a highway consistently impede the normal and reasonable movement of traffic, the agency [commission, authority], county commissioners court, or governing body may determine and declare a minimum speed limit on the highway.

SECTION 11. Section 548.201(b), Transportation Code, is amended to read as follows:

(b) A program under this section also applies to any:

(1) vehicle or combination of vehicles with a gross weight rating of more than 10,000 pounds that is operated in interstate commerce and registered in this state;

(2) school activity bus, as defined in Section 541.201, that has a gross weight, registered weight, or gross weight rating of more than 26,000 pounds, or is designed to transport more than 15 passengers, including the driver; and

(3) school bus that will operate at a speed authorized by Section 545.352 [545.352(b)(5)(A)].

SECTION 12. Sections 545.357 and 545.360, Transportation Code, are repealed.

SECTION 13. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 14. 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, 2015.