85R9138 AAF-D     By: Raney, Oliverson, Hefner, Lambert, Wray, H.B. No. 354       et al.     Substitute the following for H.B. No. 354:     By:  Morrison C.S.H.B. No. 354       A BILL TO BE ENTITLED   AN ACT   relating to the process for establishing speed limits on roads near   certain schools.          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 in a residence district, unless   the roadway has been designated as a major thoroughfare by a city   planning commission; or                (3)  15 miles per hour on a county road or highway   located within 500 feet of an elementary, secondary, or   open-enrollment charter school or an institution of higher   education, if approved under Section 545.357.          SECTION 2.  Section 545.357, Transportation Code, is amended   to read as follows:          Sec. 545.357.  CONSIDERATION OF [PUBLIC HEARING TO CONSIDER]   SPEED LIMITS WHERE CERTAIN SCHOOLS ARE LOCATED.  (a) The governing   body of a municipality in which a public or private elementary or   secondary school, an open-enrollment charter school, or an   institution of higher education [as defined by Section 61.003(8) or   (15), Education Code,] is located shall, on request of 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 school or institution   of higher education.          (b)  If a county road outside the state highway system is   located within 500 feet of 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 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 school or institution of higher   education.          (c)  A municipal governing body or commissioners court, on   request of the governing body of a school or institution of higher   education, may hold one public hearing for all 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   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 public or private elementary or secondary   schools, open-enrollment charter schools, or institutions of   higher education.          (e)  The municipal governing body, the commissioners court,   or the Texas Transportation Commission, as applicable, may not   reject a request for a prima facie speed limit by a public or   private elementary or secondary school, an open-enrollment charter   school, or an institution of higher education without first making   a written finding stating a reasonable basis for the rejection.          (f)  The governing body of a school or institution of higher   education may appeal a rejection of a request for a prima facie   speed limit under this section to the district court of the county   in which the school or institution is located not later than the   90th day after the date the written finding is made. If the   governing body shows by clear and convincing evidence that the   rejection of the request was not based on accepted traffic   management principles, the district court may grant the requested   prima facie speed limit.          (g)  The governing body of a school or institution of higher   education may consult with the Texas Department of Transportation,   the Texas Transportation Commission, and local transportation   authorities on the feasibility of a prima facie speed limit during   the acquisition and design of property for a public or private   elementary or secondary school, an open-enrollment charter school,   or an institution of higher education.          (h)  In this section:                (1)  "Governing body of a school or institution of   higher education" means:                      (A)  the board of trustees of the school district   in which a public elementary or secondary school is located;                      (B)  the governing body of a private elementary or   secondary school;                      (C)  the governing body of an open-enrollment   charter school; or                      (D)  the governing board of an institution of   higher education.                (2)  "Institution of higher education" means an   institution of higher education or a private or independent   institution of higher education, as those terms are defined by   Section 61.003, Education Code.                (3)  "Open-enrollment charter school" has the meaning   assigned by Section 5.001, Education Code.          SECTION 3.  This Act takes effect September 1, 2017.