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BILL ANALYSIS

 

 

Senate Research Center

S.B. 215

86R3003 JAM-F

By: Seliger

 

Transportation

 

3/1/2019

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, speed limit changes must be approved by the Texas Transportation Commission. S.B. 215 grants a Texas Department of Transportation district engineer the authority to temporarily alter the speed limit on a roadway without commission approval. Under this legislation, the district engineer may only alter speed limits during certain hazards, such as construction, maintenance, or inclement weather.

 

As proposed, S.B. 215 amends current law relating to the authority of a district engineer for the Texas Department of Transportation to temporarily lower speed limits.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter H, Chapter 545, Transportation Code, by adding Section 545.3531, as follows:

 

Sec. 545.3531. AUTHORITY OF DISTRICT ENGINEERS TO TEMPORARILY LOWER SPEED LIMITS. (a) Defines "hazard."

 

(b) Authorizes a district engineer to 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 the highway is unreasonable or unsafe because of a hazard.

 

(c) Authorizes a district engineer to temporarily lower a prima facie speed limit under this section without the approval of or permission from the Texas Transportation Commission (TTC).

 

(d) Defines "temporary speed limit."

 

(e) Requires a district engineer who temporarily lowers a speed limit to:

 

(1) place and maintain at the hazard site temporary speed limit signs that conform to the manual and specifications adopted under Section 544.001 (Adoption of Sign Manual for State Highways);

 

(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 the district engineer finds that there is no longer a hazard and all equipment is removed from the hazard site and the temporary speed limit expires under Subsection (g).

 

(f) Establishes that 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) Establishes that a temporary speed limit under this section is effective until the earlier of the 30th day after the date the limit becomes effective or the next meeting of TTC.

 

SECTION 2. Effective date: September 1, 2019.