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