H.B. No. 3871
 
 
 
 
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