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A BILL TO BE ENTITLED
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AN ACT
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relating to Prima Facie 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, Transportation Code, is amended |
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to read as follows: |
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(a) A speed in excess of the limits established by |
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Subsection (b) or under another provision of this subchapter is |
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prima facie evidence that the speed is not reasonable and prudent |
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and that the speed is unlawful. |
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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) 25 miles per hour on a residential street in an |
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urban district; |
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(2)[(1)] 30 miles per hour in an urban district on a |
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street other than an alley or residential street and 15 miles per |
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hour in an alley; |
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(3)[(2)] except as provided by Subdivision (4), 70 |
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miles per hour on a highway numbered by this state or the United |
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States outside an urban district, including a farm-to-market or |
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ranch-to-market road; |
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(4)[(3)] except as provided by Subdivision (4), 60 |
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miles per hour on a highway that is outside an urban district and |
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not a highway numbered by this state or the United States; |
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(5)[(4)]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; |
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(6)[(5)]on a beach, 15 miles per hour; or |
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(7)[(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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(c) The speed limits for a bus or other vehicle engaged in |
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the business of transporting passengers for compensation or hire, |
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for a commercial vehicle used as a highway post office vehicle for |
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highway post office service in the transportation of United States |
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mail, for a light truck, and for a school activity bus are the same |
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as required for a passenger car at the same time and location. |
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(d) In this section: |
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(1) "Interstate highway" means a segment of the |
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national system of interstate and defense highways that is: |
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(A) located in this state; |
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(B) officially designated by the Texas |
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Transportation Commission; and |
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(C) approved under Title 23, United States Code. |
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(2) "Light truck" means a truck with a manufacturer's |
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rated carrying capacity of not more than 2,000 pounds, including a |
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pick-up truck, panel delivery truck, and carry-all truck. |
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(3) "Urban district" means the territory adjacent to |
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and including a highway, if the territory is improved with |
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structures that are used for business, industry, or dwelling houses |
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and are located at intervals of less than 100 feet for a distance of |
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at least one-quarter mile on either side of the highway. |
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(4) "Residential street" means any street within an |
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urban district that is not classified as a thoroughfare or |
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collector where at least 75% of the street frontage is used for |
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single or multi-family residences. |
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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 2. Sec. 545.356, Transportation Code, is amended to |
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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 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 miles per |
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hour. |
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(b-1) Except as provided by Subsection (b-3), the governing |
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body of a municipality, for a highway or a part of a highway in the |
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municipality that is not an officially designated or marked highway |
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or road of the state highway system, may declare a lower speed limit |
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of not less than 20 [25] miles per hour, if the governing body |
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determines that the prima facie speed limit on the highway is |
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unreasonable or unsafe. |
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SECTION 3. This act takes effect September 1, 2015. |