Texas Tank Truck Carriers Association, Inc.Texas Tank Truck Carriers Association, Inc.RE: TRUCK SPEED LIMITS
HB 676, BY REPRESENTATIVE ISETT, ET AL.,
AND SENATOR BIVINS
76TH TEXAS LEGISLATIVE SESSION
* LEGISLATIVE ALERT *
Our Association as well as others have been opposing the increase in truck speed from 60 miles per hour (mph) to 70 mph. This legislation is sponsored by Senator Teel Bivins under pressure from owner-operators in the west Texas area that want to be able to travel at higher speeds.
The bill was fairly well bottled up until this week when it cleared both the House and the Senate. The Senate Committee Substitute for HB 676 is authored by Senator Eliot Shapleigh. The original house bill was introduced by Representative Carl Isett.
It allows the Texas Department of Transportation to increase the speed for trucks on designated highways from 60 mph to 70 mph in the daytime and 65 mph at night. It is our understanding that TxDOT will implement this law only on certain roads in west Texas, that is not their intention, presently, to include other highways. However, the law, as proposed, will give them authority to increase the speed limits to 70 mph and 65 mph at night for trucks on any interstate or state highway. It will not include any farm-to-market or ranch-to-market road. Since the bill does not propose minimum speed limits, it would not affect a carriers' company policy to set maximum speeds.
We have sent a letter to the Governor's Office encouraging him not to sign this bill; that it is against the best interest of highway safety for the general public and for the trucking industry. We encourage you to send a letter by fax or email to Governor George Bush, and to Senators Bivins and Shapleigh.
Other associations are also opposing this legislation, but we believe that individual carrier response opposing this legislation is important. Please call our office if you have any further questions or would like a copy of the bill.
Governor George Bush
Fax No. (512) 475-3733
Email via website only: www.governor.state.tx.us
Senator Teel Bivins
Fax No. (512) 475-3733
Email: teel.bivins@senate.state.tx.us
Senator Eliot Shapleigh
Fax No. (512) 463-0218
Email: eliot.shapleigh@senate.state.tx.us
H.B. 676
1-1 By: Isett, et al. (Senate Sponsor - Bivins) H.B. No. 676
1-2 (In the Senate - Received from the House April 26, 1999;
1-3 April 27, 1999, read first time and referred to Committee on State
1-4 Affairs; May 10, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 10, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 676 By: Shapleigh
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to prima facie speed limits for vehicles on highways and
1-11 beaches.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 545.352(b), Transportation Code, is
1-14 amended to read as follows:
1-15 (b) Unless a special hazard exists that requires a slower
1-16 speed for compliance with Section 545.351(b), the following speeds
1-17 are lawful:
1-18 (1) 30 miles per hour in an urban district on a street
1-19 other than an alley and 15 miles per hour in an alley;
1-20 (2) 70 miles per hour in daytime and 65 miles per hour
1-21 in nighttime if the vehicle is [a passenger car, motorcycle,
1-22 passenger car or light truck towing a trailer bearing a vessel, as
1-23 defined by Section 31.003, Parks and Wildlife Code, that is less
1-24 than 26 feet in length, or passenger car or light truck towing a
1-25 trailer or semitrailer designed and used primarily to transport
1-26 livestock,] on a highway numbered by this state or the United
1-27 States outside an urban district, including a farm-to-market or
1-28 ranch-to-market road, except as provided by Subdivision (5)(C);
1-29 (3) 60 miles per hour in daytime and 55 miles per hour
1-30 in nighttime if the vehicle is [a passenger car or motorcycle] on a
1-31 highway that is outside an urban district and not a highway
1-32 numbered by this state or the United States;
1-33 (4) 60 miles per hour outside an urban district if a
1-34 speed limit for the vehicle is not otherwise specified by this
1-35 section; [or]
1-36 (5) outside an urban district:
1-37 (A) 50 miles per hour if the vehicle is a school
1-38 bus on a highway other than an interstate highway;
1-39 (B) 55 miles per hour if the vehicle is a school
1-40 bus on an interstate highway; or
1-41 (C) 60 miles per hour in daytime and 55 miles
1-42 per hour in nighttime if:
1-43 (i) the vehicle is a truck, other than a
1-44 light truck, [or if the vehicle is a] truck tractor, trailer, or
1-45 semitrailer, or a vehicle towing a trailer, semitrailer, another
1-46 motor vehicle, or towable recreational vehicle; and
1-47 (ii) the vehicle is on a farm-to-market or
1-48 ranch-to-market road; or
1-49 (6) on a beach, 15 miles per hour.
1-50 SECTION 2. Section 545.364, Transportation Code, is
1-51 repealed.
1-52 SECTION 3. This Act takes effect September 1, 1999.
1-53 SECTION 4. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *
BILL ANALYSIS
SRC-JXG C.S.H.B. 676 76(R)BILL ANALYSIS
Senate Research CenterC.S.H.B. 676
76R14990 JD-FBy: Isett (Bivins)
State Affairs
5/10/1999
Committee Report (Substituted)
DIGEST
Currently, Texas law sets different speed limits for trucks and
automobiles. Automobiles could travel at speeds of up to 70 miles per hour
(mph) during the day, and 65 mph at night, but trucks are limited to speeds
of 60 mph during the day and 55 mph at night. Research shows this 10 mph
variance to be hazardous to drivers on Texas highways. The U.S. Department
of Transportation reported in 1994 that the crash involvement rate is
almost six times greater for vehicles traveling 10 mph below or above the
average speed limit. Additional studies show the increased probability of
being involved in an accident as the deviation from the mean speed
increases. C.S.H.B. 676 would remove differential speed limits on Texas
highways and beaches, and provide safe, uniform speed limits for all
vehicles, except school buses.
PURPOSE
As proposed, C.S.H.B. 676 removes differential speed limits for automobiles
and trucks on Texas highways and beaches.
RULEMAKING AUTHORITY
This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 545.352(b), Transportation Code, to provide that
the following speeds are lawful: 70 miles per hour in daytime and 65
miles per hour in nighttime if the vehicle is on a highway numbered by this
state or the United States outside an urban district, including a
farm-tomarket or ranch-to-market road, except as provided by Subdivision
(5)(C); outside an urban district 60 miles per hour in daytime and 55 miles
per hour in nighttime if the vehicle is on a farm-to-market or
ranch-to-market road; or on a beach, 15 miles per hour, unless a special
hazard exists that requires a slower speed for compliance with Section
545.351(b). Deletes text regarding a passenger car, motorcycle, passenger
car or light truck towing a trailer bearing a vessel, as defined by Section
31.003, Parks and Wildlife Code, that is less than 26 feet in length, or
passenger car or light truck towing a trailer or semitrailer designed and
used primarily to transport livestock.
SECTION 2. Repealer: Section 545.364, Transportation Code (Speed Limits on
Beaches).
SECTION 3. Effective date: September 1, 1999.
SECTION 4. Emergency clause.
SUMMARY OF COMMITTEE CHANGES
Relating clause.
Amends the relating clause to relating to prima facie speed limits for
vehicles on highways and beaches.
SECTION 1.
Amends Section 545.352(b), Transportation Code, to provide that the
following speed is lawful: on a beach, 15 miles per hour. Makes a
conforming change.
SECTION 2.
Adds a repealer clause regarding speed limits on beaches. Redesignates
proposed SECTION 2 as SECTION 3.
SECTIONS 3 and 4.
Redesignated from proposed SECTIONS 2 and 3.
Return to TTTCA Home Page