Bill Text: TX HB109 | 2011-2012 | 82nd Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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82R11725 VOO-D
By: Brown 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.