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AN ACT
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relating to the temporary lowering of prima facie speed limits at a |
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vehicular accident reconstruction site. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 544.002(c), Transportation Code, is |
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amended to read as follows: |
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(c) A local authority may not place or maintain a |
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traffic-control device on a highway under the jurisdiction of the |
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Texas Department of Transportation without that department's |
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permission, except as authorized under Section 545.3561. |
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SECTION 2. Subchapter H, Chapter 545, Transportation Code, |
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is amended by adding Section 545.3561 to read as follows: |
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Sec. 545.3561. AUTHORITY OF MUNICIPALITY OR COUNTY TO |
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TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR ACCIDENT RECONSTRUCTION |
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SITE. (a) The governing body of a municipality by ordinance may |
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give a designated official with transportation engineering |
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experience establishing speed limits discretion to temporarily |
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lower a prima facie speed limit for a highway or part of a highway in |
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the municipality, including a highway of the state highway system, |
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at the site of an investigation using vehicular accident |
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reconstruction. |
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(b) A county commissioners court by order may give a |
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designated official with transportation engineering experience |
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establishing speed limits discretion to temporarily lower prima |
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facie speed limits for a county road or highway outside the |
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boundaries of a municipality at the site of an investigation using |
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vehicular accident reconstruction. The authority granted under |
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this subsection does not include a road or highway in the state |
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highway system. |
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(c) The Texas Department of Transportation shall develop |
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safety guidelines for the use of vehicular accident reconstruction |
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in investigations. A municipality, county, or designated official |
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shall comply with the guidelines. |
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(d) A designated official may temporarily lower prima facie |
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speed limits without the approval of or permission from the Texas |
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Department of Transportation. A designated official who intends to |
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temporarily lower a prima facie speed limit at the site of an |
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investigation using vehicular accident reconstruction shall, at |
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least 48 hours before temporary speed limit signs are posted for the |
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vehicular accident reconstruction site, provide to the Texas |
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Department of Transportation notice that includes: |
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(1) the date and time of the accident reconstruction; |
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(2) the location of the accident reconstruction site; |
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(3) the entities involved at the site; |
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(4) the general size of the area affected by the site; |
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and |
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(5) an estimate of how long the site will be used for |
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the accident reconstruction. |
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(e) A temporary speed limit established under this section: |
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(1) is a prima facie prudent and reasonable speed |
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limit enforceable in the same manner as other prima facie speed |
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limits established under other provisions of this subchapter; and |
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(2) supersedes any other established speed limit that |
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would permit a person to operate a motor vehicle at a higher rate of |
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speed. |
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(f) A designated official who temporarily lowers a speed |
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limit shall: |
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(1) place and maintain at the vehicular accident |
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reconstruction site temporary speed limit signs that conform to the |
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manual and specifications adopted under Section 544.001; |
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(2) temporarily conceal all other signs on the highway |
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segment affected by the vehicular accident reconstruction site that |
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give notice of a speed limit that would permit a person to operate a |
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motor vehicle at a higher rate of speed; and |
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(3) remove all temporary speed limit signs placed |
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under Subdivision (1) and concealments of other signs placed under |
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Subdivision (2) when the official finds that the vehicular accident |
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reconstruction is complete and all equipment is removed from the |
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vehicular accident reconstruction site. |
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(g) A temporary speed limit established under this section |
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is effective when a designated official places temporary speed |
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limit signs and conceals other signs that would permit a person to |
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operate a motor vehicle at a higher rate of speed as required under |
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Subsection (f). |
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(h) A temporary speed limit established under this section |
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is effective until the designated official under Subsection (a) or |
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(b): |
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(1) finds that the vehicular accident reconstruction |
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is complete; and |
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(2) removes all temporary signs, concealments, and |
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equipment used at the vehicular accident reconstruction site. |
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(i) If a designated official does not comply with the |
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requirements of Subsection (f)(3) for a vehicular accident |
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reconstruction on a state highway associated with the |
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reconstruction, the Texas Department of Transportation may remove |
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signs and concealments. |
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SECTION 3. Section 553.002, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) This section does not apply to an ordinance enacted or a |
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temporary speed limit sign erected or operated under Section |
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545.3561. |
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SECTION 4. 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. 109 was passed by the House on April |
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5, 2011, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 109 on May 23, 2011, by the following vote: Yeas 139, Nays 0, 2 |
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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. 109 was passed by the Senate, with |
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amendments, on May 19, 2011, 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 |