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AN ACT
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relating to speed limits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.352(b), Transportation Code, as |
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amended by Chapters 663 (H.B. 385), 739 (H.B. 1075), and 1346 (H.B. |
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676), Acts of the 76th Legislature, Regular Session, 1999, is |
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reenacted and amended to read as follows: |
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(b) Unless a special hazard exists that requires a slower |
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speed for compliance with Section 545.351(b), the following speeds |
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are lawful: |
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(1) 30 miles per hour in an urban district on a street |
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other than an alley and 15 miles per hour in an alley; |
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(2) except as provided by Subdivision (4), 70 miles |
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per hour [in daytime and 65 miles per hour in nighttime if the
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vehicle is a passenger car, motorcycle, passenger car or light
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truck towing a trailer bearing a vessel, as defined by Section
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31.003, Parks and Wildlife Code, that is less than 26 feet in
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length, passenger car or light truck towing a trailer or
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semitrailer used primarily to transport a motorcycle, or passenger
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car or light truck towing a trailer or semitrailer designed and used
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primarily to transport dogs or livestock,] on a highway numbered by |
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this state or the United States outside an urban district, |
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including a farm-to-market or ranch-to-market road; |
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(3) except as provided by Subdivision (4), 60 miles |
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per hour [in daytime and 55 miles per hour in nighttime if the
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vehicle is a passenger car or motorcycle] on a highway that is |
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outside an urban district and not a highway numbered by this state |
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or the United States; |
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(4) [60 miles per hour outside an urban district if a
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speed limit for the vehicle is not otherwise specified by this
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section; or
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[(5)] outside an urban district: |
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(A) 60 miles per hour if the vehicle is a school |
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bus that has passed a commercial motor vehicle inspection under |
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Section 548.201 and is on a highway numbered by the United States or |
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this state, including a farm-to-market road; or |
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(B) 50 miles per hour if the vehicle is a school |
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bus that: |
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(i) has not passed a commercial motor |
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vehicle inspection under Section 548.201; or |
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(ii) is traveling on a highway not numbered |
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by the United States or this state; [or
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[(C)
60 miles per hour in daytime and 55 miles per
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hour in nighttime if the vehicle is a truck, other than a light
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truck, or if the vehicle is a truck tractor, trailer, or
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semitrailer, or a vehicle towing a trailer other than a trailer
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described by Subdivision (2), semitrailer, another motor vehicle or
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towable recreational vehicle;] |
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(5) on a beach, 15 miles per hour; or |
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(6) on a county road adjacent to a public beach, 15 |
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miles per hour, if declared by the commissioners court of the |
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county. |
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SECTION 2. Section 545.352, Transportation Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) An entity that establishes or alters a speed limit under |
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this subchapter shall establish the same speed limit for daytime |
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and nighttime. |
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SECTION 3. Sections 545.353(d), (h), and (h-1), |
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Transportation Code, are amended to read as follows: |
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(d) Except as provided by Subsection (h-1) [(h)], the |
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commission may not: |
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(1) modify the rules established by Section |
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545.351(b); |
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(2) establish a speed limit of more than 75 [70] miles |
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per hour; or |
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(3) increase the speed limit for a vehicle described |
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by Section 545.352(b)(4) [545.352(b)(5)]. |
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(h) Notwithstanding Section 545.352(b), the commission may |
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establish a speed limit of 75 miles per hour [in daytime] on a part |
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of the highway system if[:
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[(1)] the commission determines that 75 miles per hour |
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[in daytime] is a reasonable and safe speed for that part of the |
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highway system[; and
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[(2)
that part of the highway is located in a county
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with a population density of less than 15 persons per square mile]. |
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(h-1) Notwithstanding Section 545.352(b), the commission |
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may establish a speed limit of 80 miles per hour [in daytime] on a |
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part of Interstate Highway 10 or Interstate Highway 20 in Crockett, |
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Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, |
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Sutton, or Ward County if the commission determines that 80 miles |
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per hour [in daytime] is a reasonable and safe speed for that part |
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of the highway. |
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SECTION 4. Section 545.354(e), Transportation Code, is |
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amended to read as follows: |
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(e) The authority may not: |
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(1) alter the general rule established by Section |
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545.351(a); or |
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(2) establish a speed limit of more than 75 [70] miles |
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per hour. |
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SECTION 5. Section 545.355(e), Transportation Code, is |
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amended to read as follows: |
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(e) The commissioners court of a county with a population of |
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more than 2.8 million may establish from the results of an |
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engineering and traffic investigation a speed limit of not more |
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than 75 [70] miles per hour on any part of a highway of that county |
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that is a limited-access or controlled-access highway, regardless |
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of the location of the part of the highway. |
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SECTION 6. Sections 545.356(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) The governing body of a municipality, for a highway or |
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part of a highway in the municipality, including a highway of the |
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state highway system, has the same authority to alter by ordinance |
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prima facie speed limits from the results of an engineering and |
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traffic investigation as the Texas Transportation Commission on an |
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officially designated or marked highway of the state highway |
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system. The governing body of a municipality may not modify the |
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rule established by Section 545.351(a) or establish a speed limit |
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of more than 75 [60] miles per hour. |
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(b) The governing body of a municipality, for a highway or |
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part of a highway in the municipality, including a highway of the |
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state highway system, has the same authority to alter prima facie |
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speed limits from the results of an engineering and traffic |
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investigation as the commission for an officially designated or |
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marked highway of the state highway system, when the highway or part |
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of the highway is under repair, construction, or maintenance. A |
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municipality may not modify the rule established by Section |
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545.351(a) or establish a speed limit of more than 75 [60] miles per |
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hour. |
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SECTION 7. Section 545.358, Transportation Code, is amended |
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to read as follows: |
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Sec. 545.358. AUTHORITY OF COMMANDING OFFICER OF UNITED |
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STATES MILITARY RESERVATION TO ALTER SPEED LIMITS. The commanding |
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officer of a United States military reservation, for a highway or |
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part of a highway in the military reservation, including a highway |
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of the state highway system, has the same authority by order to |
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alter prima facie speed limits from the results of an engineering |
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and traffic investigation as the Texas Transportation Commission |
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for an officially designated or marked highway of the state highway |
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system. A commanding officer may not modify the rule established by |
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Section 545.351(a) or establish a speed limit of more than 75 [60] |
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miles per hour. |
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SECTION 8. Section 545.362(a), Transportation Code, is |
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amended to read as follows: |
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(a) Subject to Subsection (c), the Texas Transportation |
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Commission may enter an order establishing prima facie speed limits |
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of not more than 75 [70] miles per hour applicable to all highways, |
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including a turnpike under the authority of the Texas Turnpike |
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Authority or a highway under the control of a municipality or |
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county. An order entered under this section does not have the |
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effect of increasing a speed limit on any highway. |
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SECTION 9. Section 545.353(i), Transportation Code, is |
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repealed. |
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SECTION 10. As soon as practicable after the effective date |
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of this Act, the Texas Department of Transportation shall conceal |
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or remove speed limit signs that do not comply with Section 545.352, |
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Transportation Code, as amended by this Act, and erect appropriate |
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signs. |
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SECTION 11. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1353 was passed by the House on April |
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18, 2011, by the following vote: Yeas 146, Nays 2, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1353 was passed by the Senate on May |
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23, 2011, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |