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A BILL TO BE ENTITLED
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AN ACT
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relating to the process for establishing speed limits on roads near |
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certain schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.355(b), Transportation Code, is |
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amended to read as follows: |
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(b) The commissioners court of a county may declare a lower |
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speed limit of not less than: |
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(1) 30 miles per hour on a county road or highway to |
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which this section applies, if the commissioners court determines |
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that the prima facie speed limit on the road or highway is |
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unreasonable or unsafe; [or] |
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(2) 20 miles per hour in a residence district, unless |
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the roadway has been designated as a major thoroughfare by a city |
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planning commission; or |
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(3) 15 miles per hour on a county road or highway |
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located within 500 feet of an elementary, secondary, or |
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open-enrollment charter school or an institution of higher |
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education, if approved under Section 545.357. |
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SECTION 2. Section 545.357, Transportation Code, is amended |
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to read as follows: |
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Sec. 545.357. CONSIDERATION OF [PUBLIC HEARING TO CONSIDER] |
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SPEED LIMITS WHERE CERTAIN SCHOOLS ARE LOCATED. (a) The governing |
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body of a municipality in which a public or private elementary or |
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secondary school, an open-enrollment charter school, or an |
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institution of higher education [as defined by Section 61.003(8) or
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(15), Education Code,] is located shall, on request of the |
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governing body of a school or institution of higher education, hold |
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a public hearing at least once each calendar year to consider prima |
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facie speed limits on a highway in the municipality, including a |
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highway of the state highway system, near the school or institution |
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of higher education. |
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(b) If a county road outside the state highway system is |
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located within 500 feet of a public or private elementary or |
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secondary school, an open-enrollment charter school, or an |
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institution of higher education that is not in a municipality, the |
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commissioners court of the county, on request of the governing body |
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of a school or institution of higher education, shall hold a public |
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hearing at least once each calendar year to consider the prima facie |
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speed limit on the road near the school or institution of higher |
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education. |
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(c) A municipal governing body or commissioners court, on |
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request of the governing body of a school or institution of higher |
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education, may hold one public hearing for all public and private |
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elementary and secondary schools, open-enrollment charter schools, |
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and institutions of higher education in its jurisdiction. |
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(d) The Texas Transportation Commission, on request of the |
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governing body of a school or institution of higher education, |
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shall hold a public hearing at least once each calendar year to |
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consider prima facie speed limits on highways in the state highway |
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system that are near public or private elementary or secondary |
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schools, open-enrollment charter schools, or institutions of |
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higher education. |
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(e) The municipal governing body, the commissioners court, |
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or the Texas Transportation Commission, as applicable, may not |
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reject a request for a prima facie speed limit by a public or |
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private elementary or secondary school, an open-enrollment charter |
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school, or an institution of higher education without first making |
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a written finding stating a reasonable basis for the rejection. |
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(f) The governing body of a school or institution of higher |
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education may appeal a rejection of a request for a prima facie |
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speed limit under this section to the district court of the county |
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in which the school or institution is located not later than the |
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90th day after the date the written finding is made. If the |
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governing body shows by clear and convincing evidence that the |
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rejection of the request was not based on accepted traffic |
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management principles, the district court may grant the requested |
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prima facie speed limit. |
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(g) The governing body of a school or institution of higher |
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education may consult with the Texas Department of Transportation, |
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the Texas Transportation Commission, and local transportation |
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authorities on the feasibility of a prima facie speed limit during |
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the acquisition and design of property for a public or private |
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elementary or secondary school, an open-enrollment charter school, |
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or an institution of higher education. |
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(h) In this section: |
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(1) "Governing body of a school or institution of |
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higher education" means: |
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(A) the board of trustees of the school district |
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in which a public elementary or secondary school is located; |
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(B) the governing body of a private elementary or |
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secondary school; |
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(C) the governing body of an open-enrollment |
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charter school; or |
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(D) the governing board of an institution of |
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higher education. |
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(2) "Institution of higher education" means an |
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institution of higher education or a private or independent |
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institution of higher education, as those terms are defined by |
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Section 61.003, Education Code. |
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(3) "Open-enrollment charter school" means a school |
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that has been granted a charter under Subchapter D or E, Chapter 12, |
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Education Code. |
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SECTION 3. This Act takes effect September 1, 2019. |