BILL ANALYSIS

C.S.H.B. 1398

By: Harris

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

In 2007, the Texas Legislature created the memorial sign program for victims of impaired driving. This program allows family or friends the opportunity to purchase a sign to commemorate a victim or victims of impaired driving from alcohol or drug use and place it near the site of a crash. These signs also help raise awareness about the serious and tragic consequences of driving under the influence of alcohol or drugs. In order to memorialize these victims and continue to spread awareness about the dangers of impaired driving, C.S.H.B. 1398 extends the period for which a sign is posted under the program from 2 years to 10 years. The bill also makes certain changes regarding the memorial sign program for victims of motorcycle crashes and regarding state highway name markers.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Transportation Commission in SECTION 2 of this bill.

ANALYSIS

C.S.H.B. 1398 amends the Transportation Code to increase from 2 to 10 the number of years a sign may remain posted under the memorial sign program for victims killed in a highway collision involving alcohol or a controlled substance. The bill also makes the following changes with respect to the memorial sign program for victims killed in a highway collision while operating or riding on a motorcycle:

· clarifies that, for purposes of the program, the term "victim" does not include a person who was under the influence of alcohol or a controlled substance at the time of the collision;

· requires the Texas Transportation Commission, not later than December 1, 2025, to develop by rule motorcyclist safety messages that may be used on the memorial signs under the program;

· requires a sign designed and posted under the program to include a motorcyclist safety message selected from the options provided by the commission; and

· removes the requirement for such a sign to include a red cross.

C.S.H.B. 1398 prohibits the Texas Department of Transportation (TxDOT) from repairing or replacing a state highway name marker after the 10th anniversary of the effective date of the provision requiring the marker to be erected unless a grant or donation of funds is made to TxDOT to cover the cost of the repair or replacement of the marker. This prohibition applies only to a provision enacted after January 1, 2025, that requires the erection of a marker for a specific state highway name designation.

C.S.H.B. 1398 establishes that TxDOT is not required to comply with the bill's provisions before March 1, 2026.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1398 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes provisions absent from the introduced that do the following with respect to the memorial sign program for victims killed in a highway collision while operating or riding on a motorcycle:

· clarify that the term "victim" does not include a person who was under the influence of alcohol or a controlled substance at the time of the collision;

· require the Texas Transportation Commission, not later than December 1, 2025, to develop by rule motorcyclist safety messages that may be used on the memorial signs;

· require a sign designed and posted under the program to include a motorcyclist safety message selected from the options provided by the commission; and

· remove the requirement for such a sign to include a red cross.

The substitute also includes provisions absent from the introduced that do the following with respect to state highway name markers:

· prohibit TxDOT from repairing or replacing a marker after the 10th anniversary of the effective date of the provision requiring the marker to be erected unless a grant or donation of funds is made to TxDOT to cover the cost of the repair or replacement of the marker; and

· establish that the prohibition applies only to a provision enacted after January 1, 2025, that requires the erection of a marker for a specific state highway name designation.

The substitute establishes that TxDOT is not required to comply with the bill's provisions before March 1, 2026, whereas the introduced did not.