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  88R3882 SRA-F
 
  By: Canales H.B. No. 1885
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the Texas Transportation Commission to
  establish variable speed limits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 545.353, Transportation Code, is amended
  by adding Subsection (k) to read as follows:
         (k)  The commission by rule may establish a variable speed
  limit program to allow the temporary lowering of a prima facie speed
  limit to address inclement weather, congestion, road construction,
  or any other condition that affects the safe and orderly movement of
  traffic on a roadway for which the commission has the authority to
  establish a speed limit.  Notice of a speed limit established under
  the program may be displayed using a stationary or portable
  changeable message sign, as defined by Section 544.013.  A speed
  limit that is established under the program:
               (1)  must be based on an engineering and traffic
  investigation;
               (2)  may be effective for all or a designated portion of
  the highway and may be effective for any period of the day or night,
  as the Texas Department of Transportation determines necessary;
               (3)  may not be less than 10 miles per hour below the
  prima facie speed limit on the portion of the highway to which it
  applies; and
               (4)  is effective only when the speed limit is posted
  and only if a sign notifying motorists of the change in speed limit
  is posted not less than 500 feet but not more than 1,000 feet before
  the point at which the speed limit begins.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.