Sec. 545.357. CONSIDERATION OF 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 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) On request of 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 governing body of a school or institution of higher education may make only one request under this subsection for an engineering and traffic investigation.

(f) 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 350, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1313 (H.B. 3871), Sec. 2, eff. September 1, 2019.