§ 545.3531 — AUTHORITY OF DISTRICT ENGINEER TO TEMPORARILY LOWER SPEED LIMIT AT HIGHWAY MAINTENANCE ACTIVITY SITE.

Texas § 545.3531

• Jurisdiction: Texas
• Code TN: Transportation Code

Text

Sec. 545.3531. AUTHORITY OF DISTRICT ENGINEER TO TEMPORARILY LOWER SPEED LIMIT AT HIGHWAY MAINTENANCE ACTIVITY SITE. (a) A district engineer of the Texas Department of Transportation may temporarily lower a prima facie speed limit for a highway or part of a highway in a district if the district engineer determines that the prima facie speed limit for the highway or part of highway is unreasonable or unsafe because of highway maintenance activities at the site.
(b) A district engineer may temporarily lower a prima facie speed limit under this section without the approval of or permission from the Texas Transportation Commission.
(c) A temporary speed limit established under this section:
(1) is a prima facie prudent and reasonable speed limit enforceable in the same manner as other prima facie speed limits established under other provisions of this subchapter; and
(2) supersedes any other established speed limit that would permit a person to operate a motor vehicle at a higher rate of speed.
(d) After a district engineer temporarily lowers a speed limit under this section, the Texas Department of Transportation shall:
(1) place and maintain at the maintenance activity site temporary speed limit signs that conform to the manual and specifications adopted under Section 544.001 ;
(2) temporarily conceal all other signs on the highway or part of a highway affected by the maintenance activity that give notice of a speed limit that would permit a person to operate a motor vehicle at a higher rate of speed; and
(3) remove all temporary speed limit signs placed under Subdivision (1) and concealments of other signs placed under Subdivision (2) when the temporary speed limit expires under Subsection (f).
(e) A temporary speed limit established under this section is effective when the Texas Department of Transportation, as required under Subsection (d), places temporary speed limit signs and conceals other signs that would permit a person to operate a motor vehicle at a higher rate of speed.
(f) A temporary speed limit established under this section:
(1) is effective until the earlier of:
(A) the 45th day after the date the limit becomes effective; or
(B) the date on which the district engineer determines that the maintenance activity has been completed and all equipment has been removed from the maintenance activity site; and
(2) may not be extended unless established by the Texas Transportation Commission under Section 545.353 .

Legislative History

Added by Acts 2021, 87th Leg., R.S., Ch. 712 (H.B. 3282 ), Sec. 1, eff. June 15, 2021.