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A BILL TO BE ENTITLED
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AN ACT
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relating to a project to identify and address high injury road |
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segments and the designation of highway safety corridors; |
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increasing a fine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Dr. Michael James |
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Babineaux Act. |
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SECTION 2. Subchapter H, Chapter 201, Transportation Code, |
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is amended by adding Section 201.6014 to read as follows: |
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Sec. 201.6014. HIGH INJURY NETWORK PROJECT. (a) In this |
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section: |
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(1) "High injury network project" means the project |
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developed by the institute under this section. |
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(2) "Institute" means the Texas A&M Transportation |
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Institute. |
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(3) "Intervention strategy" means a department plan to |
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reduce traffic deaths and serious injuries in a certain public |
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roadway segment. |
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(4) "Political subdivision" means a municipality or |
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county. |
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(5) "Safety action plan" means a plan prepared for the |
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Safe Streets and Roads for All grant program. |
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(b) Subject to the availability of funds, the institute |
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shall develop and maintain a high injury network project that |
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includes an interactive map and data that allows ranking of all |
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public roadway segments in the state according to the estimated |
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total cost of traffic crashes for each roadway segment during the |
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preceding five years, accounting for personal injuries, personal |
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property damage, and cost of repairs to the roadway. The institute |
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shall update the project's map and rankings at least once every five |
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years. |
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(c) The department shall annually develop an intervention |
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strategy for: |
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(1) the two highest ranking roadway segments in a |
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rural district on the high injury network project; |
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(2) the two highest ranking roadway segments in an |
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urban district on the high injury network project; and |
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(3) each of the 10 highest ranking roadway segments in |
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any district on the high injury network project that are not |
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described by Subdivisions (1) and (2). |
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(d) The department may partner with a political subdivision |
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to implement, on its own initiative or in collaboration with any |
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governmental unit, for a roadway segment among the 100 highest |
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ranking roadway segments on the high injury network project: |
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(1) adaptive signal timing, signal preemption for |
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emergency vehicles, wrong-way driving alerts, intelligent |
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transportation systems, vehicle-to-infrastructure technology, or |
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traffic demand management; |
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(2) highway safety corridors or variable speed limits; |
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(3) interim or innovative design improvements, |
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including temporary improvements that do not involve permanent |
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roadway reconstruction, including painting, plastic delineator |
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posts, water-filled plastic barriers, planters, traffic cones, |
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raised line separators, and temporary speed humps/bumps that may be |
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used to right-size roadways, create curb extensions, shorten |
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crosswalk distances, create roundabouts, establish bike lanes, and |
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implement other safety countermeasures that slow speeds and make |
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roads safer for multiple road user types; |
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(4) upgrades to any portion of a right-of-way to |
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optimize safe travel by any mode of transportation, including |
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reducing the portion of a right-of-way dedicated to single occupant |
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vehicle lanes if the department determines through an engineering |
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and traffic investigation that an updated design will be an |
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effective way to reduce deaths and serious injuries on one of the |
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100 highest ranking roadways identified in the high injury network |
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plan; or |
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(5) any proven safety measure, including any measure |
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listed in the Texas Strategic Highway Safety Plan, the Federal |
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Highway Administration's Proven Safety Countermeasures initiative |
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as it existed on May 1, 2025, or Proven Safety Countermeasures in |
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Rural Communities publication as the publication existed on May 1, |
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2025, or a local or regional safety action plan if the roadway |
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segment is within the area covered by the safety action plan. |
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(e) Notwithstanding any other law, a safety measure under |
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Subsection (d)(1) or (5) may be implemented with no requirement for |
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environmental process, public input opportunity, engineering and |
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traffic investigation, or any other administrative procedure. |
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(f) The department may not implement a safety measure under |
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Subsection (d)(2), (3), or (4) before a simple majority vote in |
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support of implementing the measure on that roadway segment or a |
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broader area by: |
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(1) the governing body of the municipality in which |
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the roadway segment is located; or |
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(2) the commissioners court of the county in which the |
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roadway segment is located, if the roadway segment is in an |
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unincorporated area. |
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(g) This subsection applies only to an on-system roadway |
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segment that is not a controlled access highway and has been listed |
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as one of the 100 highest ranking roadway segments under the high |
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injury network project for three or more years and for which total |
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deaths and serious injuries have not decreased by an average of at |
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least three percent per year. A municipality in which a roadway |
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segment to which this subsection applies is located or a county in |
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which a roadway segment to which this subsection applies is located |
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if in an unincorporated area may request that: |
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(1) the department address the safety problems in a |
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manner consistent with department plans and guidelines, the |
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political subdivision's design manuals, local or regional safety |
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action plans that include the roadway segment, and other local |
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transportation plans that include the roadway segment; or |
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(2) the department transfer ownership, operations, or |
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maintenance responsibility for the roadway segment to the political |
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subdivision. |
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(h) If the department determines that a measure requested |
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under Subsection (g)(1) is warranted through an engineering and |
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traffic investigation, the department may implement the measure |
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following a majority vote of: |
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(1) the governing body of a municipality; or |
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(2) the commissioners court of a county if the roadway |
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segment is in an unincorporated area. |
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(i) The department may, at the request of a political |
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subdivision under Subsection (g)(2), transfer ownership, |
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operations, or maintenance responsibility of a roadway segment to |
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the political subdivision to allow for the political subdivision to |
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address the safety issues on the roadway. |
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(j) The commission shall adopt rules as necessary to |
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administer this section. |
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(k) This section may not be construed to limit existing |
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department practices for making roadways safer. |
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SECTION 3. Subchapter K, Chapter 201, Transportation Code, |
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is amended by adding Section 201.9051 to read as follows: |
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Sec. 201.9051. HIGHWAY SAFETY CORRIDOR. (a) In this |
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section, "political subdivision" means a municipality or county. |
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(b) The department may designate as a highway safety |
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corridor a portion of a roadway if the roadway segment is one of the |
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100 highest ranking roadway segments in the high injury network |
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project under Section 201.6014, and the governing body of the |
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political subdivision identified under Section 201.6014(f) has |
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approved the designation. |
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(c) The department shall remove a highway safety corridor |
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designation made under Subsection (b) on the 10th anniversary of |
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the designation unless the governing body of the political |
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subdivision that approved the designation notifies the department |
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that the designation should be removed before that date or extended |
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after that date. Each designation extension made under this |
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subsection must be for a period of 10 years unless a shorter period |
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is requested by the governing body and may be removed or extended as |
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provided by this subsection for an initial designation. |
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(d) The department may: |
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(1) designate as a highway safety corridor a portion |
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of a roadway containing a site with a high number of traffic |
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collisions that lead to a serious injury or fatality as identified |
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by the department; and |
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(2) at the department's discretion, remove a |
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designation made under this subsection. |
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(e) The department shall erect a sign at each end of a |
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designated portion of a roadway and at appropriate intermediate |
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sites along the roadway: |
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(1) indicating that the roadway is a highway safety |
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corridor; and |
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(2) stating "Fines double: highway safety corridor." |
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(f) The department by rule may prescribe forms for use by a |
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political subdivision for the designation of a highway safety |
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corridor under Subsection (b) and the removal or extension of a |
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highway safety corridor designation under Subsection (c). |
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(g) The department may distribute literature to the public |
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concerning highway safety corridors designated under this section. |
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SECTION 4. Subchapter D, Chapter 542, Transportation Code, |
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is amended by adding Section 542.405 to read as follows: |
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Sec. 542.405. FINE FOR OFFENSE IN HIGHWAY SAFETY CORRIDOR. |
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(a) In this section, "highway safety corridor" means a portion of a |
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roadway designated under Section 201.9051. |
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(b) If an offense under this subtitle, other than an offense |
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under Chapter 548 or 552 or Section 545.412 or 545.413, is committed |
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in a highway safety corridor: |
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(1) the minimum fine applicable to the offense is |
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twice the minimum fine that would be applicable to the offense if it |
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were committed outside a highway safety corridor; and |
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(2) the maximum fine applicable to the offense is |
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twice the maximum fine that would be applicable to the offense if it |
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were committed outside a highway safety corridor. |
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SECTION 5. Section 545.353, Transportation Code, is amended |
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by adding Subsection (l) to read as follows: |
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(l) A speed limit established under the program established |
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under Subsection (k) may be set at any speed supported by an |
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engineering and traffic investigation if: |
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(1) the roadway segment is one of the 100 highest |
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ranking roadway segments under the high injury network project |
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established under Section 201.6014; and |
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(2) the department has determined a variable speed |
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limit may be an effective way to reduce deaths and serious injuries |
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on the roadway segment. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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was committed before that date. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |