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A BILL TO BE ENTITLED
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AN ACT
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relating to certain memorial markers and designations on certain |
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highways in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 201.909(e), (f), and (g), |
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Transportation Code, are amended to read as follows: |
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(e) If the application meets the department's requirements |
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and the applicant pays the memorial sign fee, the department shall |
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erect a sign. A sign posted under this section may remain posted for |
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ten [two] years. At the end of the ten-year [two-year] period the |
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department may release the sign to the applicant. The department is |
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not required to release a sign that has been damaged. |
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(f) A sign posted under this section that is damaged shall |
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be removed by the department. Except as provided in Subsection (g), |
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the department may post a new sign if it has been less than ten [two] |
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years from the posting of the original sign and a person: |
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(1) submits a written request to the department to |
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replace the sign; and |
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(2) submits a replacement fee in the amount provided |
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under Subsection (d)(2). |
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(g) During the ten-year [two-year] posting period the |
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department shall replace a sign posted under this section that is |
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damaged because of the department's negligence. |
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SECTION 2. Section 201.911, Transportation Code, is amended |
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by amending Subsections (a) and (c) and adding Subsection (c-1) to |
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read as follows: |
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(a) In this section, "victim" means a person killed in a |
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highway collision while operating or riding on a motorcycle. The |
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term does not include a person who was under the influence of |
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alcohol or a controlled substance at the time of the collision. |
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(c) A sign designed and posted under this section shall |
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include: |
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(1) a motorcyclist safety message selected from the |
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options provided by commission rule under Subsection (c-1) [red |
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cross]; |
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(2) the phrase "In Memory Of" and the name of one or |
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more victims in accordance with the commission rule; and |
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(3) the date of the collision that resulted in the |
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victim's death. |
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(c-1) The commission by rule shall develop motorcyclist |
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safety messages that may be used on the memorial signs under this |
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section. |
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SECTION 3. Section 225.021, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) Subject to Subsection (e), the [The] department shall |
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repair and replace each marker required by this subchapter and |
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maintain the grounds for the marker. |
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(e) The department may not repair or replace a marker after |
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the 10th anniversary of the effective date of the provision |
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requiring the marker to be erected unless a grant or donation of |
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funds is made to the department to cover the cost of the repair or |
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replacement of the marker. This subsection applies only to a |
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provision of this subchapter enacted after January 1, 2025, that |
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requires the erection of a marker. |
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SECTION 4. (a) Not later than December 1, 2025, the Texas |
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Transportation Commission shall adopt the rules required by Section |
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201.911(c-1), Transportation Code, as added by this Act. |
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(b) Notwithstanding Section 201.911, Transportation Code, |
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as amended by this Act, the Texas Department of Transportation is |
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not required to comply with the changes in law made by this Act |
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before March 1, 2026. |
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SECTION 5. This Act takes effect September 1, 2025. |