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A BILL TO BE ENTITLED
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AN ACT
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relating to the process for establishing speed limits on roads near |
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certain schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.357, Transportation Code, is amended |
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to read as follows: |
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Sec. 545.357. CONSIDERATION OF [PUBLIC HEARING TO CONSIDER] |
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SPEED LIMITS WHERE CERTAIN SCHOOLS ARE LOCATED. (a) The governing |
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body of a municipality in which a public or private elementary or |
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secondary school, an open-enrollment charter school as defined by |
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Section 5.001(6), Education Code, or an institution of higher |
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education as defined by Section 61.003(8) or (15), Education Code, |
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is located shall on request hold a public hearing at least once each |
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calendar year to consider prima facie speed limits on a highway in |
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the municipality, including a highway of the state highway system, |
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near the school or institution of higher education. |
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(b) If a county road outside the state highway system is |
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located within 500 feet of a public or private elementary or |
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secondary school, an open-enrollment charter school, or an |
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institution of higher education that is not in a municipality, the |
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commissioners court of the county on request shall hold a public |
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hearing at least once each calendar year to consider the prima facie |
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speed limit on the road near the school or institution of higher |
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education. |
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(c) A municipal governing body or commissioners court on |
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request may hold one public hearing for all public and private |
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elementary and secondary schools, open-enrollment charter schools, |
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and institutions of higher education in its jurisdiction. |
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(d) The Texas Transportation Commission, on request, shall |
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hold a public hearing at least once each calendar year to consider |
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prima facie speed limits on highways in the state highway system |
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that are near public or private elementary or secondary schools, |
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open-enrollment charter schools, or institutions of higher |
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education. |
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(e) The municipal governing body, the commissioners court, |
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or the Texas Transportation Commission, as applicable, may not |
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reject a request for a prima facie speed limit by a public or |
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private elementary or secondary school, an open-enrollment charter |
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school, or an institution of higher education without first making |
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a written finding stating a compelling reason for the rejection. |
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(f) A school or institution may appeal a rejection of a |
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request for a prima facie speed limit under this section to the |
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district court of the county in which the school or institution is |
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located not later than the 90th day after the date the written |
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finding is made. If the district court determines that the |
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rejection of the request was not made for a compelling reason, the |
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court shall grant the requested prima facie speed limit. |
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SECTION 2. This Act takes effect September 1, 2017. |