|
|
|
|
AN ACT
|
|
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; or |
|
(2) 20 miles per hour: |
|
(A) in a residence district, unless the roadway |
|
has been designated as a major thoroughfare by a city planning |
|
commission; or |
|
(B) on a county road or highway to which this |
|
section applies that is 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 [PUBLIC HEARING TO CONSIDER] |
|
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, 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) On request of the governing body of a school or |
|
institution of higher education following a public hearing held |
|
under this section, the commissioners court, municipal governing |
|
body, or Texas Transportation Commission, as applicable, shall |
|
conduct an engineering and traffic investigation for the highway or |
|
road that is the subject of the request. On review of the results of |
|
the investigation, the commissioners court, municipal governing |
|
body, or Texas Transportation Commission has the same authority and |
|
discretion to alter prima facie speed limits as provided by Section |
|
545.353, 545.355, or 545.356, as applicable. Following each public |
|
hearing held under this section, the governing body of a school or |
|
institution of higher education may make only one request under |
|
this subsection for an engineering and traffic investigation. |
|
(f) In this section: |
|
(1) "Governing body of a school or institution of |
|
higher education" means: |
|
(A) the board of trustees of the school district |
|
in which a public elementary or secondary school is located; |
|
(B) the governing body of a private elementary or |
|
secondary school; |
|
(C) the governing body of an open-enrollment |
|
charter school; or |
|
(D) the governing board of an institution of |
|
higher education. |
|
(2) "Institution of higher education" means an |
|
institution of higher education or a private or independent |
|
institution of higher education, as those terms are defined by |
|
Section 61.003, Education Code. |
|
(3) "Open-enrollment charter school" has the meaning |
|
assigned by Section 5.001, Education Code. |
|
SECTION 3. This Act takes effect September 1, 2019. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3871 was passed by the House on May 3, |
|
2019, by the following vote: Yeas 140, Nays 0, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 3871 on May 24, 2019, by the following vote: Yeas 139, Nays 0, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 3871 was passed by the Senate, with |
|
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |