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AN ACT
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relating to the authority of the Texas Transportation Commission to |
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establish variable speed limits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.353, Transportation Code, is amended |
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by adding Subsection (k) to read as follows: |
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(k) The commission by rule may establish a variable speed |
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limit program to allow the temporary lowering of a prima facie speed |
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limit to address inclement weather, congestion, road construction, |
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or any other condition that affects the safe and orderly movement of |
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traffic on a roadway for which the commission has the authority to |
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establish a speed limit. Notice of a speed limit established under |
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the program may be displayed using a stationary or portable |
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changeable message sign, as defined by Section 544.013. The |
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program may not authorize the lowering of a speed limit to divert |
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traffic to a toll road for the purpose of increasing revenue from |
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toll charges. A speed limit that is established under the program: |
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(1) must be based on an engineering and traffic |
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investigation; |
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(2) may be effective for all or a designated portion of |
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the highway and may be effective for any period of the day or night, |
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as the Texas Department of Transportation determines necessary; |
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(3) may not be less than 10 miles per hour below the |
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prima facie speed limit on the portion of the highway to which it |
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applies; and |
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(4) is effective only when the speed limit is posted |
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and only if a sign notifying motorists of the change in speed limit |
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is posted not less than 500 feet but not more than 1,000 feet before |
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the point at which the speed limit begins. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1885 was passed by the House on May 3, |
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2023, by the following vote: Yeas 99, Nays 47, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1885 was passed by the Senate on May |
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17, 2023, by the following vote: Yeas 25, Nays 6. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |