Bill Text: TX HB109 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the temporary lowering of prima facie speed limits at a vehicular accident reconstruction site.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB109 Detail]

Download: Texas-2011-HB109-Enrolled.html

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H.B. No. 109

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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 109 was passed by the House on April
5, 2011, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 109 on May 23, 2011, by the following vote: Yeas 139, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 109 was passed by the Senate, with
amendments, on May 19, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor