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AN ACT
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relating to a memorial sign program for victims of certain vehicle |
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accidents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 201, Transportation Code, |
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is amended by adding Section 201.909 to read as follows: |
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Sec. 201.909. MEMORIAL SIGN PROGRAM. (a) In this section, |
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"victim" means a person killed in a highway accident involving |
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alcohol or a controlled substance, excluding an operator who was |
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under the influence of alcohol or a controlled substance. |
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(b) The commission by rule shall establish and administer a |
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memorial sign program to publicly memorialize the victims of |
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alcohol or controlled substance-related vehicle accidents. |
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(c) A sign designed and posted under this section shall |
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include: |
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(1) the phrase "Please Don't Drink and Drive"; |
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(2) the phrase "In Memory Of" and the name of the |
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victim in accordance with the commission rule in whose memory the |
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sign is placed; and |
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(3) the date of the accident that resulted in the |
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victim's death. |
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(d) A person may request that a sign be posted under this |
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section by: |
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(1) making an application to the department on a form |
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prescribed by the department; and |
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(2) submitting a fee to the department in an amount |
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determined by the department to help defray the costs of posting the |
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memorial sign. |
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(e) If the application meets the department's requirements |
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and the applicant pays the memorial sign fee, the department shall |
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erect a sign. A sign posted under this section may remain posted |
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for one year. At the end of the one-year period the department may |
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release the sign to the applicant. The department is not required |
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to release a sign that has been damaged. |
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(f) A sign posted under this section that is damaged shall |
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be removed by the department. Except as provided in Subsection (g), |
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the department may post a new sign if it has been less than one year |
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from the posting of the original sign and a person: |
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(1) submits a written request to the department to |
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replace the sign; and |
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(2) submits a replacement fee in the amount provided |
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under Subsection (d)(2). |
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(g) During the one-year posting period the department shall |
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replace a sign posted under this section that is damaged because of |
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the department's negligence. |
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(h) The commission shall adopt rules to implement this |
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section. |
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(i) This section does not authorize the department to remove |
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an existing privately funded memorial that conforms to state law |
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and department rules. A privately funded memorial may remain |
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indefinitely as long as it conforms to state law and department |
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rules. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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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. 2859 was passed by the House on May 7, |
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2007, by the following vote: Yeas 140, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2859 on May 25, 2007, by the following vote: Yeas 144, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2859 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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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 |