86R3003 JAM-F
 
  By: Seliger S.B. No. 215
 
 
 
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, 2019.