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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a district engineer for the Texas |
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Department of Transportation to temporarily lower speed limits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 545, Transportation Code, |
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is amended by adding Section 545.3531 to read as follows: |
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Sec. 545.3531. AUTHORITY OF DISTRICT ENGINEERS TO |
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TEMPORARILY LOWER SPEED LIMITS. (a) In this section, "hazard" |
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means: |
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(1) wet or inclement weather, as defined by Section |
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545.353; |
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(2) construction or maintenance activity; or |
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(3) any other hazardous condition. |
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(b) A district engineer may temporarily lower a prima facie |
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speed limit for a highway or part of a highway in a district if the |
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district engineer determines that the prima facie speed limit for |
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the highway or part of highway is unreasonable or unsafe because of |
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a hazard. |
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(c) A district engineer may temporarily lower a prima facie |
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speed limit under this section without the approval of or |
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permission from the Texas Transportation Commission. |
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(d) A temporary speed limit established under this section: |
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(1) is a prima facie prudent and reasonable speed |
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limit enforceable in the same manner as other prima facie speed |
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limits established under other provisions of this subchapter; and |
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(2) supersedes any other established speed limit that |
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would permit a person to operate a motor vehicle at a higher rate of |
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speed. |
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(e) A district engineer who temporarily lowers a speed limit |
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shall: |
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(1) place and maintain at the hazard site temporary |
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speed limit signs that conform to the manual and specifications |
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adopted under Section 544.001; |
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(2) temporarily conceal all other signs on the highway |
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or part of a highway affected by the hazard that give notice of a |
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speed limit that would permit a person to operate a motor vehicle at |
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a higher rate of speed; and |
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(3) remove all temporary speed limit signs placed |
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under Subdivision (1) and concealments of other signs placed under |
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Subdivision (2) when the district engineer finds that there is no |
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longer a hazard and all equipment is removed from the hazard site. |
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(f) A temporary speed limit established under this section |
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is effective when the district engineer, as required under |
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Subsection (e), places temporary speed limit signs and conceals |
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other signs that would permit a person to operate a motor vehicle at |
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a higher rate of speed. |
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(g) A temporary speed limit established under this section |
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is effective until the district engineer: |
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(1) finds that there is no longer a hazard; and |
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(2) removes all temporary signs, concealments, and |
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equipment used at the hazard site. |
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SECTION 2. This Act takes effect September 1, 2017. |