| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a district engineer for the Texas |
|
|
Department of Transportation to temporarily lower speed limits. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter H, Chapter 545, Transportation Code, |
|
|
is amended by adding Section 545.3531 to read as follows: |
|
|
Sec. 545.3531. AUTHORITY OF DISTRICT ENGINEERS TO |
|
|
TEMPORARILY LOWER SPEED LIMITS. (a) In this section, "hazard" |
|
|
means: |
|
|
(1) wet or inclement weather, as defined by Section |
|
|
545.353; |
|
|
(2) construction or maintenance activity; or |
|
|
(3) any other hazardous condition. |
|
|
(b) A district engineer may temporarily lower a prima facie |
|
|
speed limit for a highway or part of a highway in a district if the |
|
|
district engineer determines that the prima facie speed limit for |
|
|
the highway or part of highway is unreasonable or unsafe because of |
|
|
a hazard. |
|
|
(c) A district engineer may temporarily lower a prima facie |
|
|
speed limit under this section without the approval of or |
|
|
permission from the Texas Transportation Commission. |
|
|
(d) 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. |
|
|
(e) A district engineer who temporarily lowers a speed limit |
|
|
shall: |
|
|
(1) place and maintain at the hazard 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 |
|
|
or part of a highway affected by the hazard 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: |
|
|
(A) the district engineer finds that there is no |
|
|
longer a hazard and all equipment is removed from the hazard site; |
|
|
or |
|
|
(B) the temporary speed limit expires under |
|
|
Subsection (g). |
|
|
(f) A temporary speed limit established under this section |
|
|
is effective when the district engineer, as required under |
|
|
Subsection (e), 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. |
|
|
(g) A temporary speed limit established under this section |
|
|
is effective until the earlier of: |
|
|
(1) the 30th day after the date the limit becomes |
|
|
effective; or |
|
|
(2) the next meeting of the Texas Transportation |
|
|
Commission. |
|
|
SECTION 2. This Act takes effect September 1, 2017. |