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A BILL TO BE ENTITLED
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AN ACT
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relating to the process of establishing speed limits on a highway or |
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road near a prekindergarten. |
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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: |
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(A) in a residence district, unless the roadway |
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has been designated as a major thoroughfare by a city planning |
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commission; or |
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(B) on a county road or highway to which this |
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section applies that is located within 500 feet of a |
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prekindergarten, an elementary, secondary, or open-enrollment |
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charter school, or an institution of higher education, if approved |
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under Section 545.357. |
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SECTION 2. Sections 545.357(a), (b), (c), (d), and (e), |
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Transportation Code, are amended to read as follows: |
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(a) The governing body of a municipality in which a |
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prekindergarten, a public or private elementary or secondary |
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school, an open-enrollment charter school, or an institution of |
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higher education is located shall, on request of the operator of a |
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prekindergarten or the governing body of a school or institution of |
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higher education, hold a public hearing at least once each calendar |
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year to consider prima facie speed limits on a highway in the |
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municipality, including a highway of the state highway system, near |
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the prekindergarten, school, or institution 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 prekindergarten, 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 that is not in a municipality, |
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the commissioners court of the county, on request of the operator of |
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a prekindergarten or the governing body of a school or institution |
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of higher education, shall hold a public hearing at least once each |
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calendar year to consider the prima facie speed limit on the road |
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near the prekindergarten, 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 operator of a prekindergarten or the governing body |
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of a school or institution of higher education, may hold one public |
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hearing for all prekindergartens, public and private elementary and |
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secondary schools, open-enrollment charter schools, and |
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institutions of higher education in its jurisdiction. |
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(d) The Texas Transportation Commission, on request of the |
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operator of a prekindergarten or the governing body of a school or |
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institution of higher education, shall hold a public hearing at |
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least once each calendar year to consider prima facie speed limits |
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on highways in the state highway system that are near |
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prekindergartens, 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) On request of the operator of a prekindergarten or the |
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governing body of a school or institution of higher education |
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following a public hearing held under this section, the |
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commissioners court, municipal governing body, or Texas |
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Transportation Commission, as applicable, shall conduct an |
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engineering and traffic investigation for the highway or road that |
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is the subject of the request. On review of the results of the |
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investigation, the commissioners court, municipal governing body, |
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or Texas Transportation Commission has the same authority and |
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discretion to alter prima facie speed limits as provided by Section |
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545.353, 545.355, or 545.356, as applicable. Following each public |
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hearing held under this section, the operator of a prekindergarten |
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or the governing body of a school or institution of higher education |
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may make only one request under this subsection for an engineering |
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and traffic investigation. |
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SECTION 3. Section 545.357(f), Transportation Code, is |
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amended by adding Subdivision (4) to read as follows: |
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(4) "Prekindergarten" means a facility that primarily |
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provides prekindergarten services. |
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SECTION 4. This Act takes effect September 1, 2025. |