Honorable D': C. Greer 

State Highway Engineer 

Texas Hi hray Department 

Austin 1 & , Texas 

Opinion No. C- 99 

Re: Various questions relative to 

H.B. 50 as passed by the current 

Legislature 

Dear Mr. Greer: 

'In your 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 alter maximum speed limits 

on any highway, road or street, or part thereof, 

which Is officially designated 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, road or street, or part thereof, has 

been declared to be a limited-access or controlled-access highway?" 

"2 . Section 170(b). Does the authority of the State 

the 

Highway Commission to establish minimum speed 

limits on any highway, road or street, or part 

thereof, which is officially designated 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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Honorable D. C. Greer, Page! 2 (c-99) 

road or street, or part thereof, has been declared 

to be a limited-access or controlled-access highway?" 

“3 . Section 169(b). On highways, roads ore streets, or 

parts thereof, lying within the corporate limits of 

a city, town or village, Including Home Rule Cities, 

which have been officially designated or marked by 

the State Highway Commission as a part of the State 

Highway System, does the State Highway Commission 

have the authority under Section'167 to supersede 

speed limits set by a city ordinance, regardless of 

whether such highways, roads or streets or parts 

thereof, have been declared to be a limited-access 

highway?" 

Section 167(b) 0f'H.B. 50 provides: 

"I(b) The authority of the State Highway 

Commission to alter maximum speed limits shall 

exist with respect to any part of any highway, 

road or street officially designated 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-access or controlled-access 

highways as defined by this Act.'" 

Section 170(b) of H.B. 50 provides: 

"f(b) Whenever the State Highway Commission, 

County Commissioners Court or the governing body of 

any incorporated city, town or village, within their 

reapectlve jurisdiction, as specified in Sections 

167 and 169, determine on the basis of an engineering 

and traffic investigation that slow speeds on any part 

of a highway consistently impede the normal and reasonable movement of traffic, the said State Highway Commission, County Commissioners Courts or governing body 

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 such minimum speed limit, 

no person shall drive a vehicle below that limit except 

when necessary for safe operation or in compliance with 

law.'" 

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Honorable D. C. Greer, Page 3 (C-99) 

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

"l(b) The governing body of 'an incorporated 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 authority by 

city 

upon 

tion 

with 

way, 

that 

. 

ordinance to alter maximum prima facie speed ilm!Its 

the basis of an engineering and traffic lnvestlgaas that delegated to the State Highway Commission 

respect to any officially designated or market highroad or street of the State Highway System; provided 

under no circumstances shall any such governing body 

nave the authority to modi ,_ 

"5 

or alter the basic rule 

established in paragraph (a of Section 166, nor to 

establish a speed limit higher than sixty (60) miles per 

hour, and provided, further, that any order of the State 

Highway Commission declaring a speed limit upon 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-Access or Controlled-Access Highway. 

Every highway, street or roadway in respect to which 

owners or occupants of abutting lands and other persons 

have no legal right of access to or from the same 

except at such points only and In such manner as rnax 

be determined by the public authority having jurisdiction over such highway, street or roadway." 

Section 26 of Article 6701d, Q.C.S., further states: 

"The provisions of this Act shall be applicable and 

uniform throughout this State and in all political 

subdivisions and munlcipalitles therein and no local 

authority shall enact or enforce any ordinance, rule, 

or regulation in conflict with the provtslons of this 

Act unless expressly authorized herein. 

Section 30 of Article 67Old, V.C.S., also states: 

"(a) The State Highway Department may place and 

maintain, or under the authority of Senate Bill No. 

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Monorable D. C. Greer, Page 4 (c-99) 

415, Acts, 46th Legislature, Regular Session, provide for such placing and malntainlng such'trafficcontrol devices, conforming to Its manual and speclfications; upon all.state highways 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 shall place or maintain any 

traffic,control device‘upon any-highway under the 

jurisdiction of the State Highway Department except 

by the Jatter'a permlssiop." 

Section 165 of Article 67016, V.C.S., states the following: 

"Nothing in this Act shall be construed to take 

away from any Incorporated city Its authority and 

jurisdiction over its streets except zeth; e;z;t 

provided herein In connection with St t H .zh y 

e, the cost of which has been paid in whole or 

in part by the State." 

Article 6674w-1, Powers of Commissions states the following: 

"1 . Authorization for modernization of Highway Facllltles. 

rt effectuate the purvoses of this Act, the State 

Hlzhwav Commission la emoowered to lay out, COnStZUCt, 

maintain. and ouerate a modern State Highway System, 

with elBDhaSiS on the construction of controlled access 

facilities and to convert, wherever necessary, existing 

streets, roads and highways Into controlled access 

facilities to modern standards of speed and safety; and 

to plan for future highways. The State Highway Commlaslon is further empowered to lay out, construct, maintain 

and operate any deslgnated,State Highway, now or hereafter 

constructed, with such control of access thereto as is 

necessary to facilitate the 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, including Home 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; . . . 

"Controlled access highways are built primarily for the 

benefit of through traffic, while conventional highways 
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Honorable D. C. Greer, Page 5 (C-99) 

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

travel. . . .I' 

Pennysavers Oil Comoanv of Texas v. State of Texas, 

546, 548 ( 

334 S.W.2d 

Clv.App. 1960, error ref.), wherein the Court said: 

"The State has the right under the provisions of 

Article 6674-w and Its police power, to provide 

for one-wav traffic. no U turns. division barriers. 

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 authority which 

has Jurisdiction over all state highways making up the State Highway 

System including limited-access or controlled-access highways. 

With regards to your questions number (1) and (2), it Is our 

opinion that the State Highway Commission has the authority to alter 

maximum speed limits and to establish minimum speed limits on any 

highway, road, or street or part thereof which 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-access or controlledaccess highway. We wish to advise further, that any order of the 

State Highway Commission declaring a epeed limit upon 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 alter maximum 

speed limits and establish minimum speed 

limits on limited-access or controlledaccess highways within or without the 

limits of an incorporated city, town or 

village, Including Home 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 Assistant Attorney General 

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Honorable D. C. Greer, Page 6 (c-99) 

APPROVED: 

OPINION'cOmITTEE~ 

W. V. Geppert, Chairman 

Paul Phy 

Ernest Fortenberry 

Samuel Pharr 

V. F. Taylor 

'APPROVED FOR THE ATTORNEY GENERAL 

BY: STANTON STONE 

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