Legislative Blog

J.B. Williams, J.D.

5 bills that modify the Transportation Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 2899 - Required impoundment of vehicles for racing, speed competitions, etc.

HB 4422 - A study is being done to improve efficiency for commercial vehicles crossing the border and connecting with highways withing Texas.

SB 280 - This act is cited as the Marine Lance Corporal David Lee Espinoza Act.

SB 1021 - This affects contracts that are for less than $1 million. (It use to be for those under $300,000.)

SB 1023 - The department must post notice of maximum bridge load.

5 bills that modify the Transportation Code

Published: 2024-07-09

HB 2899

Impoundment of a vehicle used in the commission of the offence of racing on a highway

The code now require a vehicle to be impounded if:

1. a vehicle is used in racing;
2. a vehicle is used in speed competition or contest;
3. a vehicle is used in a drag race or acceleration contest;
4. a vehicle is used in a test of physical endurance of the operator of the vehicle;
5. a vehicle is used in connection with a drag race, an exhibition of a vehicle speed or acceleration or to make a vehicle speed record
6. an operator is obstructing a highway or other passageway while operating a vehicle in a reckless driving exhibition or a reckless driving exhibition and has a prior reckless driving exhibition conviction or a person suffers bodily injury as a result

This could create an abuse of this or less enforcement of these offenses. Because the code requires the vehicle to be impounded, an officer may want to be certain that the offense occurred rather than surmising that was what has occurred. Or an officer may just begin impounded based upon their gut of you were driving X miles over the posted speed limit and therefore you were racing or accelerating contest. They may as well just said over a certain number of miles over a posted speed limit leads to impoundment. This would have been less subjective, and less likely to lead to as many challenges to the impoundment. This is because the fees the operator will incur will be substantial, and create a greater likelihood of the operator challenging the event.

HB 4422

Study on enhancing border security outcomes

This section requires the department to conduct a study on the public safety, border security, and transportation infrastructure from Texas-Mexico border crossings into the state highway system. The purpose is to ensure safe, efficient, and streamlined commercial motor vehicle connectivity.

The following shall be consulted:

1. Department of Public Safety of the State of Texas;
2. Texas Military Department;
3. Texas A&M Transportation Institute;
4. local law enforcement agencies near the Texas-Mexico border;
5. representative of county government from at least 3 noncontiguous counties that are:
   1. adjacent to Texas' international border with Mexico; or
   2. adjacent to a county that is adjacent to Texas' international border with Mexico
6. representatives of the transportation industry;
7. an independent nonprofit applied research and development organization

As part of the study, the department shall:

1. select multiple Texas-Mexico international border crossings for commercial vehicles;
2. anaylze current transportation routes for commercial vehicles and identify ways:
   1. strengthen border security initiatives that support Operation Lone Star;
   2. support law enforcement response efforts to maximize oversight of border crossings; inspection of vehicles using border crossings; and use of public safety resources;
   3. enhance transportation infrastructure and road technologies near the border to maximize the safety of communities and improve transportation efficiency and commercial motor vehicle connectivity;
   4. reduce traffic congestion along transportation routes while mitigating safety concerns
3. consider possible future transportation routes that will improve efficiency in movement of commercial motor vehicles and enhance public safety, mitigate traffic congestion, and streamline motor vehicle connectivity;
4. assess current tech used to promote border security at commercial inspection stations and identify upgrades or alternatives that may improve security efforts;
5. identify funding strategies and determine the amount of state money needed to improve processing and flow of commercial vehicles, and improve transportation efficiency and commercial connectivity

A written report must be submitted to the governor, lieutenant governor, and the legislation on or before December 1, 2024. It should report the findings of the study and any recommendations. This act expires January 1, 2025.

SB 280

Issuance of specialty license plates for members of the military who served in Operation Freedom's Sentinel

This act is cited as the Marine Lance Corporal David Lee Espinoza Act.

License plates issued under this act may have the emblem from one of the veteran's branch of service plates; or from a multitude of other license plates that are military in nature. A person who served in Operation Freedom's Sentinel may include this specialty plate which would include the words 'Freedom's Sentinel'.

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SB 1021

Handling of bids on certain contracts for highway projects

This is a modification of existing code that increases the change from bids less than $300,000 to less than $1,000,000 (1 million). If it is a contract other than building construction, it may be filed with the district engineer at the headquarters for the district. If it is for a building construction, then the director of the division that is responsible for the construction, and opened and read at a public meeting.

SB 1023

Establishment and posting of the maximum laods permitted on certain bridges

This affects bridges that are inspected, and it is determined that the maximum load weight should be lowered. The new load weight should be posted such that drivers may avoid the bridge without obstructing traffic. The notice must comply with federal law.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.