89R21316 RDR-F     By: Harris, et al. H.B. No. 1398     Substitute the following for H.B. No. 1398:     By:  Curry C.S.H.B. No. 1398       A BILL TO BE ENTITLED   AN ACT   relating to certain memorial markers and designations on certain   highways in this state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 201.909(e), (f), and (g),   Transportation Code, are amended to read as follows:          (e)  If the application meets the department's requirements   and the applicant pays the memorial sign fee, the department shall   erect a sign. A sign posted under this section may remain posted for   ten [two] years. At the end of the ten-year [two-year] period the   department may release the sign to the applicant. The department is   not required to release a sign that has been damaged.          (f)  A sign posted under this section that is damaged shall   be removed by the department. Except as provided in Subsection (g),   the department may post a new sign if it has been less than ten [two]   years from the posting of the original sign and a person:                (1)  submits a written request to the department to   replace the sign; and                (2)  submits a replacement fee in the amount provided   under Subsection (d)(2).          (g)  During the ten-year [two-year] posting period the   department shall replace a sign posted under this section that is   damaged because of the department's negligence.          SECTION 2.  Section 201.911, Transportation Code, is amended   by amending Subsections (a) and (c) and adding Subsection (c-1) to   read as follows:          (a)  In this section, "victim" means a person killed in a   highway collision while operating or riding on a motorcycle. The   term does not include a person who was under the influence of   alcohol or a controlled substance at the time of the collision.          (c)  A sign designed and posted under this section shall   include:                (1)  a motorcyclist safety message selected from the   options provided by commission rule under Subsection (c-1) [red   cross];                (2)  the phrase "In Memory Of" and the name of one or   more victims in accordance with the commission rule; and                (3)  the date of the collision that resulted in the   victim's death.          (c-1)  The commission by rule shall develop motorcyclist   safety messages that may be used on the memorial signs under this   section.          SECTION 3.  Section 225.021, Transportation Code, is amended   by amending Subsection (a) and adding Subsection (e) to read as   follows:          (a)  Subject to Subsection (e), the [The] department shall   repair and replace each marker required by this subchapter and   maintain the grounds for the marker.          (e)  The department may not repair or replace a marker after   the 10th anniversary of the effective date of the provision   requiring the marker to be erected unless a grant or donation of   funds is made to the department to cover the cost of the repair or   replacement of the marker. This subsection applies only to a   provision of this subchapter enacted after January 1, 2025, that   requires the erection of a marker.          SECTION 4.  (a) Not later than December 1, 2025, the Texas   Transportation Commission shall adopt the rules required by Section   201.911(c-1), Transportation Code, as added by this Act.          (b)  Notwithstanding Section 201.911, Transportation Code,   as amended by this Act, the Texas Department of Transportation is   not required to comply with the changes in law made by this Act   before March 1, 2026.          SECTION 5.  This Act takes effect September 1, 2025.