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
  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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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