43 TAC §25.22
The Texas Department of Transportation (department) adopts
amendments to §25.22(d)(5)(B), concerning regulatory and advisory speeds.
Section 25.22 is adopted without changes to the proposed text as published
in the June 13, 2003, issue of the
Texas Register
(28 TexReg 4537) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
Transportation Code, §545.353, authorizes the Texas Transportation
Commission (commission) to adopt procedures that will be used to determine
speed limits on public roadways.
Currently, the department's Procedures for Establishing Speed Zones, codified
as §§25.20-25.25, allow school zone flashing beacons on the state
highway system to be used for school events that occur immediately after the
end of the school day. The amendments to §25.22(d)(5)(B) allow for the
operation of flashing beacons for school events that occur at other times
such as athletic events and other activities. These revised hours of operation
for the school zone flashing beacon signs must be mutually agreed upon by
both the school district and the entity that is responsible for operation
of the school zone flashing beacon signs. In municipalities of 50,000 population
or greater, the municipality will be responsible for operation of these signs.
In municipalities under 50,000 population and in unincorporated areas, the
department will be the responsible entity.
The department is aware that many school events occur frequently at hours
other than those immediately after the close of the school day. As currently
written, the department’s rules governing operation of school zone flashing
beacons do not allow operation at these events unless they occur immediately
after the close of the school day. The amendment will allow local school districts,
working in conjunction with the department or the responsible municipality,
to utilize existing school zones at times other than immediately after the
close of the school day. The department believes that this amendment can enhance
public safety for both children and adults attending these events.
COMMENTS
No comments were received on the proposed amendments.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and more specifically, Transportation Code, §545.353
which allows the commission to establish safe and reasonable speed limits
on the state highway system. No statutes, articles, or codes are affected
by the adopted amendments.
CROSS REFERENCE TO STATUTE: Transportation Code, Chapter 201, and §545.353.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 1, 2003.
TRD-200304654
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: August 21, 2003
Proposal publication date: June 13, 2003
For further information, please call: (512) 463-8630