Bill Text: TX HB509 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to the process for establishing speed limits on roads near certain schools.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2015-05-20 - Left pending in committee [HB509 Detail]
Download: Texas-2015-HB509-Engrossed.html
84R20636 AAF-D | ||
By: Raney | H.B. No. 509 |
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relating to the process for establishing speed limits on roads near | ||
certain schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 545.355(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The commissioners court of a county may declare a lower | ||
speed limit of not less than: | ||
(1) 30 miles per hour on a county road or highway to | ||
which this section applies, if the commissioners court determines | ||
that the prima facie speed limit on the road or highway is | ||
unreasonable or unsafe; [ |
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(2) 20 miles per hour in a residence district, unless | ||
the roadway has been designated as a major thoroughfare by a city | ||
planning commission; or | ||
(3) 15 miles per hour on a county road or highway | ||
located within 500 feet of an elementary, secondary, or | ||
open-enrollment charter school or an institution of higher | ||
education, if approved under Section 545.357. | ||
SECTION 2. Section 545.357, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 545.357. CONSIDERATION OF [ |
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SPEED LIMITS WHERE CERTAIN SCHOOLS ARE LOCATED. (a) The governing | ||
body of a municipality in which a public or private elementary or | ||
secondary school, an open-enrollment charter school as defined by | ||
Section 5.001(6), Education Code, or an institution of higher | ||
education as defined by Section 61.003(8) or (15), Education Code, | ||
is located shall, on request of the governing body of a school or | ||
institution of higher education, hold a public hearing at least | ||
once each calendar year to consider prima facie speed limits on a | ||
highway in the municipality, including a highway of the state | ||
highway system, near the school or institution of higher education. | ||
(b) If a county road outside the state highway system is | ||
located within 500 feet of a public or private elementary or | ||
secondary school, an open-enrollment charter school, or an | ||
institution of higher education that is not in a municipality, the | ||
commissioners court of the county, on request of the governing body | ||
of a school or institution of higher education, shall hold a public | ||
hearing at least once each calendar year to consider the prima facie | ||
speed limit on the road near the school or institution of higher | ||
education. | ||
(c) A municipal governing body or commissioners court, on | ||
request of the governing body of a school or institution of higher | ||
education, may hold one public hearing for all public and private | ||
elementary and secondary schools, open-enrollment charter schools, | ||
and institutions of higher education in its jurisdiction. | ||
(d) The Texas Transportation Commission, on request of the | ||
governing body of a school or institution of higher education, | ||
shall hold a public hearing at least once each calendar year to | ||
consider prima facie speed limits on highways in the state highway | ||
system that are near public or private elementary or secondary | ||
schools, open-enrollment charter schools, or institutions of | ||
higher education. | ||
(e) The municipal governing body, the commissioners court, | ||
or the Texas Transportation Commission, as applicable, may not | ||
reject a request for a prima facie speed limit by a public or | ||
private elementary or secondary school, an open-enrollment charter | ||
school, or an institution of higher education without first making | ||
a written finding stating a reasonable basis for the rejection. | ||
(f) The governing body of a school or institution of higher | ||
education may appeal a rejection of a request for a prima facie | ||
speed limit under this section to the district court of the county | ||
in which the school or institution is located not later than the | ||
90th day after the date the written finding is made. If the | ||
governing body shows by clear and convincing evidence that the | ||
rejection of the request was not based on accepted traffic | ||
management principles, the district court may grant the requested | ||
prima facie speed limit. | ||
(g) The governing body of a school or institution of higher | ||
education may consult with the Texas Department of Transportation, | ||
the Texas Transportation Commission, and local transportation | ||
authorities on the feasibility of a prima facie speed limit during | ||
the acquisition and design of property for a public or private | ||
elementary or secondary school, an open-enrollment charter school, | ||
or an institution of higher education. | ||
(h) In this section, "governing body of a school or | ||
institution of higher education" means: | ||
(1) the board of trustees of the school district in | ||
which a public elementary or secondary school is located; | ||
(2) the governing body of a private elementary or | ||
secondary school; | ||
(3) the governing body of an open-enrollment charter | ||
school; or | ||
(4) the governing board of an institution of higher | ||
education. | ||
SECTION 3. This Act takes effect September 1, 2015. |