Bill Text: TX SB1274 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the authority of a district engineer for the Texas Department of Transportation to temporarily lower the speed limit at a highway maintenance activity site.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-04 - Reported favorably w/o amendment(s) [SB1274 Detail]
Download: Texas-2021-SB1274-Engrossed.html
| By: Nichols, Seliger | S.B. No. 1274 | |
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| relating to the authority of a district engineer for the Texas | ||
| Department of Transportation to temporarily lower the speed limit | ||
| at a highway maintenance activity site. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter H, Chapter 545, Transportation Code, | ||
| is amended by adding Section 545.3531 to read as follows: | ||
| Sec. 545.3531. AUTHORITY OF DISTRICT ENGINEER TO | ||
| TEMPORARILY LOWER SPEED LIMIT AT HIGHWAY MAINTENANCE ACTIVITY SITE. | ||
| (a) A district engineer may temporarily lower a prima facie speed | ||
| limit for a highway or part of a highway in a district if the | ||
| district engineer determines that the prima facie speed limit for | ||
| the highway or part of highway is unreasonable or unsafe because of | ||
| highway maintenance activities at the site. | ||
| (b) A district engineer may temporarily lower a prima facie | ||
| speed limit under this section without the approval of or | ||
| permission from the Texas Transportation Commission. | ||
| (c) 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. | ||
| (d) A district engineer who temporarily lowers a speed limit | ||
| under this section shall: | ||
| (1) place and maintain at the maintenance activity | ||
| 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 | ||
| or part of a highway affected by the maintenance activity 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: | ||
| (A) the district engineer determines that the | ||
| maintenance activity has been completed and all equipment has been | ||
| removed from the maintenance activity site; or | ||
| (B) the temporary speed limit expires under | ||
| Subsection (f). | ||
| (e) A temporary speed limit established under this section | ||
| is effective when the district engineer, as required under | ||
| Subsection (d), 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. | ||
| (f) A temporary speed limit established under this section: | ||
| (1) is effective until the 30th day after the date the | ||
| limit becomes effective; and | ||
| (2) may not be extended unless established by the | ||
| Texas Transportation Commission under Section 545.353. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
