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.