HBA-MPM, MPA H.B. 676 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 676 By: Isett Transportation 8/12/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, Texas law sets different speed limits for trucks and automobiles. Automobiles may travel at speeds up to 70 miles per hour (mph) during the day and 65 mph at night, but trucks are limited to speeds of 60 mph during the day and 55 mph at night. The U.S. Department of Transportation reported that crash involvement rates are almost six times greater for vehicles traveling 10 mph below or above the average speed limit. The findings of the 1994 report also show that the proportion of car-truck, rear-end collisions was 26 percent greater when compared to uniform speed limit states, and collisions were more likely to involve cars striking trucks. The surrounding states of Arkansas, Louisiana, New Mexico, and Oklahoma, do not have differential speed limits. H.B. 676 makes the speed limit the same for automobiles and trucks and sets speed limits for certain vehicles on a beach and farm-to-market, ranch-to-market, and county roads adjacent to a public beach. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 545.352(b), Transportation Code, as follows: (b)(1) Makes no change. (2) Deletes, in a provision addressing vehicles that may travel at 70 miles per hour (mph) during daylight and 65 mph at night, reference to a passenger car, motorcycle, passenger car or light truck towing a trailer, or trailer bearing a vessel less than 26 feet long, or semitrailer used to transport livestock. Makes an exception to this provision as provided by Subdivision (4). (3) Deletes reference to a passenger car or motorcycle in a provision that for unnumbered highways outside an urban district it is lawful to travel at 60 mph during daylight or 55 mph at night. (4) Deletes text making the speed of 60 miles per hour lawful outside an urban district if a speed limit for a vehicle is not otherwise specified by this section. Adds text which makes lawful the speed limit of 60 miles per hour in daytime and 55 miles per hour in nighttime if the vehicle is a truck, other than a light truck, or if the vehicle is a truck tractor, trailer, or semitrailer and it is on a farm-to-market or ranch-to-market road. Redesignated from existing Subdivision (5). (5) Makes the speed of 15 miles per hour on a beach lawful. (6) Makes the speed of 15 miles per hour lawful on a county road adjacent to a public beach, if declared by the commissioners court of the county. Makes a conforming change. SECTION 2. Amends Section 545.3535, Transportation Code, to specify that the commissioners court of a county may request that the Texas Transportation Commission (commission) determine and declare, by resolution, a reasonable and safe prima facie speed limit that is lower than that established by Section 545.352 (Prima Facie Speed Limits), Transportation Code, on any part of a farm-to-market or ranch-to-market road of the highway system located in that county and is without improved shoulders, rather than one that has a pavement width of 20 feet or less. Deletes text requiring the commission to publish a notice containing certain information in a newspaper of general circulation in an affected county, if the commission receives a request under this section. Requires the commission to give consideration to local public opinion when determining and declaring a lower speed limit on any part of the road without an engineering and traffic investigation. Makes conforming and nonsubstantive changes. SECTION 3. Repealer: Section 545.364 (Speed Limits on Beaches), Transportation Code. This section prohibits a person from operating a motor vehicle on a beach at a speed of more than 25 miles per hour at daytime or 20 miles per hour at nighttime, thus making a conforming change with respect to Section 545.352(b)(5), Transportation Code SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.