By: Brown (Senate Sponsor - Ogden)	H.B. No. 109
	(In the Senate - Received from the House April 6, 2011;
	April 20, 2011, read first time and referred to Committee on
	Transportation and Homeland Security; May 16, 2011, reported
	adversely, with favorable Committee Substitute by the following
	vote:  Yeas 7, Nays 0; May 16, 2011, sent to printer.)
	COMMITTEE SUBSTITUTE FOR H.B. No. 109	By:  Nichols

	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 with transportation engineering
	experience establishing speed limits 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 with transportation engineering experience
	establishing speed limits 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
	shall 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, at
	least 48 hours before temporary speed limit signs are posted for the
	vehicular accident reconstruction site, provide to the Texas
	Department of Transportation notice that includes:
	(1)  the date and time of the accident reconstruction;
	(2)  the location of the accident reconstruction site;
	(3)  the entities involved at the site;
	(4)  the general size of the area affected by the site;
	and
	(5)  an estimate of how long the site will be used for
	the accident reconstruction.
	(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.
	(i)  If a designated official does not comply with the
	requirements of Subsection (f)(3) for a vehicular accident
	reconstruction on a state highway associated with the
	reconstruction, the Texas Department of Transportation may remove
	signs and concealments.
	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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