bill adding prekindergartens to school speed limit hearings

The text as introduced · 677 words

89R11572 AND-D

By: Alvarado
S.B. No. 2347

A BILL TO BE ENTITLED

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.