Bill Text: TX HB109 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the temporary lowering of prima facie speed limits at a vehicular accident reconstruction site.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB109 Detail]
Download: Texas-2011-HB109-Comm_Sub.html
Bill Title: Relating to the temporary lowering of prima facie speed limits at a vehicular accident reconstruction site.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB109 Detail]
Download: Texas-2011-HB109-Comm_Sub.html
82R11725 VOO-D | |||
By: Brown | H.B. No. 109 | ||
Substitute the following for H.B. No. 109: | |||
By: Pickett | C.S.H.B. No. 109 |
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relating to the temporary lowering of prima facie speed limits at a | ||
vehicular accident reconstruction site. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 544.002(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) A local authority may not place or maintain a | ||
traffic-control device on a highway under the jurisdiction of the | ||
Texas Department of Transportation without that department's | ||
permission, except as authorized under Section 545.3561. | ||
SECTION 2. Subchapter H, Chapter 545, Transportation Code, | ||
is amended by adding Section 545.3561 to read as follows: | ||
Sec. 545.3561. AUTHORITY OF MUNICIPALITY OR COUNTY TO | ||
TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR ACCIDENT RECONSTRUCTION | ||
SITE. (a) The governing body of a municipality by ordinance may | ||
give a designated official discretion to temporarily lower a prima | ||
facie speed limit for a highway or part of a highway in the | ||
municipality, including a highway of the state highway system, at | ||
the site of an investigation using vehicular accident | ||
reconstruction. | ||
(b) A county commissioners court by order may give a | ||
designated official discretion to temporarily lower prima facie | ||
speed limits for a county road or highway outside the boundaries of | ||
a municipality at the site of an investigation using vehicular | ||
accident reconstruction. The authority granted under this | ||
subsection does not include a road or highway in the state highway | ||
system. | ||
(c) The Texas Department of Transportation shall develop | ||
safety guidelines for the use of vehicular accident reconstruction | ||
in investigations. A municipality, county, or designated official | ||
must comply with the guidelines. | ||
(d) A designated official may temporarily lower prima facie | ||
speed limits without the approval of or permission from the Texas | ||
Department of Transportation. A designated official who intends to | ||
temporarily lower a prima facie speed limit at the site of an | ||
investigation using vehicular accident reconstruction shall | ||
provide to the Texas Department of Transportation a notice that | ||
includes: | ||
(1) the date and location of the accident | ||
reconstruction site; | ||
(2) the entities involved at the site; | ||
(3) the general size of the area affected by the site; | ||
and | ||
(4) a time estimate of how long the site will be used | ||
for the investigation. | ||
(e) A temporary speed limit established under this section: | ||
(1) is a prima facie prudent and reasonable speed | ||
limit enforceable in the same manner as other prima facie speed | ||
limits established under other provisions of this subchapter; and | ||
(2) supersedes any other established speed limit that | ||
would permit a person to operate a motor vehicle at a higher rate of | ||
speed. | ||
(f) A designated official who temporarily lowers a speed | ||
limit shall: | ||
(1) place and maintain at the vehicular accident | ||
reconstruction site temporary speed limit signs that conform to the | ||
manual and specifications adopted under Section 544.001; | ||
(2) temporarily conceal all other signs on the highway | ||
segment affected by the vehicular accident reconstruction site that | ||
give notice of a speed limit that would permit a person to operate a | ||
motor vehicle at a higher rate of speed; and | ||
(3) remove all temporary speed limit signs placed | ||
under Subdivision (1) and concealments of other signs placed under | ||
Subdivision (2) when the official finds that the vehicular accident | ||
reconstruction is complete and all equipment is removed from the | ||
vehicular accident reconstruction site. | ||
(g) A temporary speed limit established under this section | ||
is effective when a designated official places temporary speed | ||
limit signs and conceals other signs that would permit a person to | ||
operate a motor vehicle at a higher rate of speed as required under | ||
Subsection (f). | ||
(h) A temporary speed limit established under this section | ||
is effective until the designated official under Subsection (a) or | ||
(b): | ||
(1) finds that the vehicular accident reconstruction | ||
is complete; and | ||
(2) removes all temporary signs, concealments, and | ||
equipment used at the vehicular accident reconstruction site. | ||
SECTION 3. Section 553.002, Transportation Code, is amended | ||
by adding Subsection (d) to read as follows: | ||
(d) This section does not apply to an ordinance enacted or a | ||
temporary speed limit sign erected or operated under Section | ||
545.3561. | ||
SECTION 4. This Act takes effect September 1, 2011. |