TITLE: Relating to the process of establishing speed limits on a highway or road near a prekindergarten.

SUMMARY: Relating to the process of establishing speed limits on a highway or road near a prekindergarten.

FULL TEXT:
AN ACT relating to the process of establishing speed limits on a highway or road near a prekindergarten. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 545.355(b), Transportation Code, is amended to read as follows: (b) The commissioners court of a county may declare a lower speed limit of not less than: (1) 30 miles per hour on a county road or highway to which this section applies, if the commissioners court determines that the prima facie speed limit on the road or highway is unreasonable or unsafe; or (2) 20 miles per hour: (A) in a residence district, unless the roadway has been designated as a major thoroughfare by a city planning commission; or (B) on a county road or highway to which this section applies that is located within 500 feet of a prekindergarten, an elementary, secondary, or open-enrollment charter school,or an institution of higher education, if approved under Section 545.357. SECTION 2. Sections 545.357(a), (b), (c), (d), and (e), Transportation Code, are amended to read as follows: (a) The governing body of a municipality in which a prekindergarten, a public or private elementary or secondary school, an open-enrollment charter school, or an institution of higher education is located shall, on request of the operator of a prekindergarten or the governing body of a school or institution of higher education, hold a public hearing at least once each calendar year to consider prima facie speed limits on a highway in the municipality, including a highway of the state highway system, near the prekindergarten, school,or institution of higher education. (b) If a county road outside the state highway system is located within 500 feet of a prekindergarten, a public or private elementary or secondary school, an open-enrollment charter school, or an institution of higher education that is not in a municipality, the commissioners court of the county, on request of the operator of a prekindergarten or the governing body of a school or institution of higher education, shall hold a public hearing at least once each calendar year to consider the prima facie speed limit on the road near the prekindergarten, school,or institution of higher education. (c) A municipal governing body or commissioners court, on request of the operator of a prekindergarten or the governing body of a school or institution of higher education, may hold one public hearing for all prekindergartens, public and private elementary and secondary schools, open-enrollment charter schools, and institutions of higher education in its jurisdiction. (d) The Texas Transportation Commission, on request of the operator of a prekindergarten or the governing body of a school or institution of higher education, shall hold a public hearing at least once each calendar year to consider prima facie speed limits on highways in the state highway system that are near prekindergartens, public or private elementary or secondary schools, open-enrollment charter schools, or institutions of higher education. (e) On request of the operator of a prekindergarten or the governing body of a school or institution of higher education following a public hearing held under this section, the commissioners court, municipal governing body, or Texas Transportation Commission, as applicable, shall conduct an engineering and traffic investigation for the highway or road that is the subject of the request. On review of the results of the investigation, the commissioners court, municipal governing body, or Texas Transportation Commission has the same authority and discretion to alter prima facie speed limits as provided by Section 545.353, 545.355, or 545.356, as applicable. Following each public hearing held under this section, the operator of a prekindergarten or the governing body of a school or institution of higher education may make only one request under this subsection for an engineering and traffic investigation. SECTION 3. Section 545.357(f), Transportation Code, is amended by adding Subdivision (4) to read as follows: (4) "Prekindergarten" means a facility that primarily provides prekindergarten services. SECTION 4. This Act takes effect September 1, 2025.