Honorable D':C. Greer

State Highway Engineer Texas Hi hray Department

& Austin 1 , Texas OpinionNo. C- 99
Re: Various questions relative to H.B. 50 as passed by the current Legislature
Dear Mr. Greer:
'Inyour recent request for an opinion from this office, state that on May 14, 1963,Governor Connally signed into law you House Bill 50 of the current session of the' Legislature and that this bill, among other matters, adds a new article to the existing statute relating to speed of vehicles and rules of enforcement.
You have submitted to us a request for our opinion on following questions: "1. Section 167(b). Does the authority of the State Highway Commission to altermaximum speed limits on any highway, road or street, or part thereof, which Is officially designatedor marked by the State Highway Commission as apart of the State Highway System extend within the limits of an Incorporated city, town or village, including Home Rule Cities, regardless of whether such highway, road or street, or part thereof,has been declared to be a limited-accessor controlled-accesshighway?" "2
. Section 170(b). Does the authority of the State the

Highway Commission to establishminimum speed limits on any highway, road or street, or part thereof, which is officiallydesignated or marked by the State Highway Commission as a part of the State Highway System extend within the limits of an incorporated city, town, or village, including Home Rule Cities, regardless of whether such highway,
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road or street, or part thereof,has been declared to be a limited-accessor controlled-accesshighway?" “3
. Section 169(b). On highways, roads orestreets, or parts thereof, lyingwithin the corporate limits of a city, town or village, IncludingHome Rule Cities, which have been officiallydesignated or marked by the State Highway Commission as a part of the State Highway System, does the State Highway Commission have the authorityunder Section'167 to supersede speed limits set by a city ordinance, regardless of whether suchhighways, roads or streets or parts thereof,have been declared to be a limited-access highway?" Section 167(b) 0f'H.B. 50provides:

"I(b) The authority of the State Highway Commission to altermaximum speed limits shall exist with respect to any part of any highway, road or street officiallydesignated or marked by the State Highway Commission as part of the State Highway System. Also, this authority shall exist both within and without the limits of an Incorporated city, town or village, lncludlng Home Rule Cities,with respect to highways declared to be limited-accessor controlled-access highways as definedby this Act.'" Section 170(b) of H.B. 50 provides:

"f(b) Whenever the State Highway Commission, County CommissionersCourt or the governingbody of any incorporatedcity, town or village, within their reapectlve jurisdiction,as specified in Sections 167 and 169, determine on the basis of an engineering and traffic investigationthat slow speeds on anypart of a highway consistently impede the normal and reasonablemovement of traffic, the said State Highway Commission, County CommissionersCourts or governingbody of an Incorporated city; town or village, are hereby empowered and may determine and declare a minimum spee$ limit thereat or thereon, and when appropriate signs are erected, giving notice of suchminimum speed limit, no person shall drive a vehicle below that limit except when necessary for safe operation or in compliancewith law.'"

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Section 169(b) of H.B. 50 provides:

"l(b) The governingbody of 'anincorporated city, town or village,with respect to.any highway, street or part of a,hi.ghway or street, Including those marked as a route of a highway of the State Highway System,within Its coroorate limits. shall have the same authorityby city upon tion with way, that . ordinance to altermaximum prima facie speed ilm!Its the basis of an engineering and traffic lnvestlgaas that delegated to the State Highway Commission respect to any officiallydesignated or market highroad or street of the State Highway System;provided under no circumstancesshall any such governingbody nave the authority to modi
,_ "5 or alter the basic rule established in paragraph (a of Section 166, nor to establish a speed limithigher than sixty (60)miles per hour, and provided, further, that any order of the State Highway Commissiondeclaring a speed limitupon any part of a designated or marketl route of the State Highway System made pursuant to Section 167 shall supersede any city ordinance in conflict therewith.'" Subsection (9) of Section 13, Article 6701d of Vernon's Civil Statutes reads as follows: "(9) Limited-Accessor Controlled-AccessHighway. Every highway, street or roadway in respect to which owners or occupants of abutting lands and otherpersons have no legal right of access to or from the same except at such points only and In such manner as rnax be determinedby the public authorityhaving jurisdiction over suchhighway, street or roadway." Section 26 of Article 6701d, Q.C.S., further states: "Theprovisions of this Act shall be applicable and uniform throughout this State and in all political subdivisions andmunlcipalitles therein and no local authority shall enact or enforce any ordinance, rule, or regulation in conflictwith the provtslons of this Act unless expressly authorizedherein. Section 30 of Article 67Old,V.C.S., also states: "(a) The State Highway Departmentmay place and maintain, or under the authorityof Senate Bill No.

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415, Acts, 46th Legislature,Regular Session,provide for suchplacing and malntainlng such'trafficcontroldevices, conformingto Itsmanual and speclfications;upon all.statehighways as It may deem necessary, to indicate andcarry out the provisions of this Act or to regulate,warn'or guide traffic." "(by)No local authority shallplace or maintain any traffic,controldevice‘upon any-highwayunder the jurisdictionof the State Highway Department except by the Jatter'apermlssiop." Section 165 of Article 67016,V.C.S., states the following: "Nothing in this Act shallbe construed to take away from any Incorporatedcity Its authority and jurisdictionover its streets except zeth; e;z;t provided herein In connectionwith St t H .zh y e, the cost of which has been paid in whole or in part by the State." Article 6674w-1, Powersof Commissions states the following: "1
. Authorization formodernization of Highway Facllltles. rt effectuate the purvoses of this Act, the State Hlzhwav Commission la emoowered to lay out, COnStZUCt, maintain. and ouerate amodern State Highway System, with elBDhaSiS

on the constructionof controlledaccess facilities and to convert,wherever necessary, existing streets, roads and highways Into controlledaccess facilities to modern standardsof speed and safety; and to plan for futurehighways. The State Highway Commlaslon is further empowered to lay out, construct,maintain and operate any deslgnated,StateHighway, now or hereafter constructed,with such control of access thereto as is necessary to facilitatethe flow of traffic, and promote the Public Safety and Welfare, In any area of the State, whether in or outside of the limits of any Incorporated city, town or village, includingHome Rule Cities, and to exercise all of the powers and procedures to it granted by existing laws and this Act for the accbmplishment of such Slurposes and the exercise of such powers and duties;

. . . "Controlledaccess highways are built primarily for the benefit of through traffic,while conventionalhighways- .

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are built, among other things, to serve abutting landowners so that they may have access to a highway for travel.

. . .I' PennysaversOil Comoanv of Texas v. State of Texas, 546, 548 ( 334 S.W.2d

Clv.App. 1960, error ref.),wherein the Court said: "TheState has the right under the provisions of Article 6674-w and Itspolice power, to provide for one-wav traffic. no U turns. divisionbarriers. no left or-right turns, traffic-laws, speeding andparking regulations, circuitous routes; for the changing of highways generally,

. . .- Therefore, In view of the foregoing, it is the opinion of this Department that the Highway Commission is the public authoritywhich has Jurisdictionover all statehighwaysmaking up the State Highway System including limited-accessor controlled-accesshighways. With regards to your questionsnumber (1) and (2), it Is our opinion that the State Highway Commissionhas the authority to alter maximum speed limits and to establishminimum speed limitson any highway, road, or street or part thereofwhich is a part of the State Hlghway System regardless of whether such highway, road or street, or part thereof,has been declared to be a limited-accessor controlledaccesshighway. We wish to advise further, that any order of the State Highway Commissiondeclaring a epeed limitupon any part of the State Highway System shall supersede speed limits set by a city ordinance.

SUMMARY
House Bill 50 gives authority to the State Highway Commission to altermaximum speed limits and establishminimum speed limits on limited-accessor controlledaccesshighways within or without the limits of an incorporated city, town or village, IncludingHome Rule Cities, and this shall supersede any speed limit set by a city ordinance. Yours very truly, WAGGONER CARR Attornes General of Texas

WC:WEO:pm AssistantAttorney General -490-. -

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APPROVED: OPINION'cOmITTEE~ W. V. Geppert, Chairman Paul Phy Ernest Fortenberry Samuel Pharr V. F. Taylor

'APPROVEDFOR THE ATTORNEYGENERAL

BY: STANTON STONE

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