Tex. Transp. Code Section 545.362
Temporary Speed Limits


(a)

Subject to Subsection (c), the Texas Transportation Commission may enter an order establishing prima facie speed limits of not more than 75 miles per hour applicable to all highways, including a turnpike under the authority of the Texas Turnpike Authority or a highway under the control of a municipality or county. An order entered under this section does not have the effect of increasing a speed limit on any highway.

(b)

The limits established under this section:

(1)

are prima facie prudent and reasonable speed limits enforceable in the same manner as prima facie limits established under other provisions of this subchapter; and

(2)

supersede any other established speed limit that would permit a person to operate a motor vehicle at a higher rate of speed.

(c)

An order may be issued under Subsection (a) only if the commission finds and states in the order that:

(1)

a severe shortage of motor fuel or other petroleum product exists, the shortage was caused by war, national emergency, or other circumstances, and a reduction of speed limits will foster conservation and safety; or

(2)

the failure to alter state speed limits will prevent the state from receiving money from the United States for highway purposes.

(d)

Unless a specific speed limit is required by federal law or directive under threat of loss of highway money of the United States, the commission may not set prima facie speed limits under this section of all vehicles at less than 60 miles per hour, except on a divided highway of at least four lanes, for which the commission may not set prima facie speed limits of all vehicles at less than 65 miles per hour.

(e)

Before the commission may enter an order establishing a prima facie speed limit, it must hold a public hearing preceded by the publication in at least three newspapers of general circulation in the state of a notice of the date, time, and place of the hearing and of the action proposed to be taken. The notice must be published at least 12 days before the date of the hearing. At the hearing, all interested persons may present oral or written testimony regarding the proposed order.

(f)

If the commission enters an order under this section, it shall file the order in the office of the governor. The governor shall then make an independent finding of fact and determine the existence of the facts in Subsection (c). Before the 13th day after the date the order is filed in the governor’s office, the governor shall conclude the finding of fact, issue a proclamation stating whether the necessary facts exist to support the issuance of the commission’s order, and file copies of the order and the proclamation in the office of the secretary of state.

(g)

If the governor’s proclamation states that the facts necessary to support the issuance of the commission’s order exist, the order takes effect according to Subsection (h). Otherwise, the order has no effect.

(h)

In an order issued under this section, the commission may specify the date the order takes effect, but that date may not be sooner than the eighth day after the date the order is filed with the governor. If the order does not have an effective date, it takes effect on the 21st day after the date it is filed with the governor. Unless the order by its own terms expires earlier, it remains in effect until a subsequent order adopted by the procedure prescribed by this section amends or repeals it, except that an order adopted under this section expires when this section expires. The procedure for repealing an order is the same as for adopting an order, except that the commission and the governor must find that the facts required to support the issuance of an order under Subsection (c) no longer exist.

(i)

If an order is adopted in accordance with this section, the commission and all governmental authorities responsible for the maintenance of highway speed limit signs shall take appropriate action to conceal or remove all signs that give notice of a speed limit of more than the one contained in the order and to erect appropriate signs. All governmental entities responsible for administering traffic safety programs and enforcing traffic laws shall use all available resources to notify the public of the effect of the order. To accomplish this purpose, the governmental entities shall request the cooperation of all news media in the state.

(j)

A change in speed limits under this section is effective until the commission makes a finding that the conditions in Subsection (c) require or authorize an additional change in those speed limits or in the highway or sections of highway to which those speed limits apply.

(k)

This section expires when the national maximum speed limits are repealed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 265 (H.B. 1353), Sec. 8, eff. September 1, 2011.

Source: Section 545.362 — Temporary Speed Limits, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­545.­htm#545.­362 (accessed Jun. 5, 2024).

545.001
Definitions
545.002
Operator
545.051
Driving on Right Side of Roadway
545.052
Driving Past Vehicle Moving in Opposite Direction
545.053
Passing to the Left
545.054
Passing to the Left: Safe Distance
545.055
Passing to the Left: Passing Zones
545.056
Driving to Left of Center of Roadway: Limitations Other than Passing
545.057
Passing to the Right
545.058
Driving on Improved Shoulder
545.059
One-way Roadways and Rotary Traffic Islands
545.060
Driving on Roadway Laned for Traffic
545.061
Driving on Multiple-lane Roadway
545.062
Following Distance
545.063
Driving on Divided Highway
545.064
Restricted Access
545.065
State and Local Regulation of Limited-access or Controlled-access Highways
545.066
Passing a School Bus
545.101
Turning at Intersection
545.102
Turning on Curve or Crest of Grade
545.103
Safely Turning
545.104
Signaling Turns
545.105
Signaling Stops
545.106
Signals by Hand and Arm or by Signal Lamp
545.107
Method of Giving Hand and Arm Signals
545.151
Vehicle Approaching or Entering Intersection
545.152
Vehicle Turning Left
545.153
Vehicle Entering Stop or Yield Intersection
545.154
Vehicle Entering or Leaving Limited-access or Controlled-access Highway
545.155
Vehicle Entering Highway from Private Road or Driveway
545.156
Vehicle Approached by Authorized Emergency Vehicle
545.157
Passing Certain Vehicles
545.201
Passing Streetcar to Left
545.202
Passing Streetcar to Right
545.203
Driving on Streetcar Tracks
545.204
Streetcar Approached by Authorized Emergency Vehicle
545.205
Crossing Fire Hose
545.206
Obstruction of Operator’s View or Driving Mechanism
545.251
Obedience to Signal Indicating Approach of Train or Other On-track Equipment
545.252
All Vehicles to Stop at Certain Railroad Grade Crossings
545.253
Buses to Stop at All Railroad Grade Crossings
545.254
Vehicles Carrying Explosive Substances or Flammable Liquids
545.255
Moving Heavy Equipment at Railroad Grade Crossings
545.256
Emerging from an Alley, Driveway, or Building
545.301
Stopping, Standing, or Parking Outside a Business or Residence District
545.302
Stopping, Standing, or Parking Prohibited in Certain Places
545.303
Additional Parking Regulations
545.304
Moving the Vehicle of Another
545.305
Removal of Unlawfully Stopped Vehicle
545.306
Regulation of Towing Companies in Certain Counties
545.307
Overnight Parking of Commercial Motor Vehicle in or near Residential Subdivision
545.308
Presumption
545.351
Maximum Speed Requirement
545.352
Prima Facie Speed Limits
545.353
Authority of Texas Transportation Commission to Alter Speed Limits
545.354
Authority of Regional Tollway Authorities to Alter Speed Limits on Turnpike Projects
545.355
Authority of County Commissioners Court to Alter Speed Limits
545.356
Authority of Municipality to Alter Speed Limits
545.357
Consideration of Speed Limits Where Certain Schools Are Located
545.358
Authority of Commanding Officer of United States Military Reservation to Alter Speed Limits
545.359
Conflicting Designated Speed Limits
545.360
Duty of Texas Transportation Commission and State Board of Education to Provide Information and Assistance
545.361
Special Speed Limitations
545.362
Temporary Speed Limits
545.363
Minimum Speed Regulations
545.364
Speed Limit Signs After Construction or Maintenance Work Zone
545.365
Speed Limit Exception for Emergencies
545.401
Reckless Driving
545.402
Moving a Parked Vehicle
545.403
Driving Through Safety Zone
545.404
Unattended Motor Vehicle
545.405
Driving on Mountain Highway
545.406
Coasting
545.407
Following or Obstructing Fire Apparatus or Ambulance
545.408
Crossing Fire Hose
545.409
Drawbars and Trailer Hitches
545.410
Towing Safety Chains
545.411
Use of Rest Area: Offense
545.412
Child Passenger Safety Seat Systems
545.413
Safety Belts
545.414
Riding in Open Beds
545.415
Backing a Vehicle
545.416
Riding on Motorcycle or Moped
545.417
Obstruction of Operator’s View or Driving Mechanism
545.418
Opening Vehicle Doors
545.419
Riding in House Trailer
545.420
Racing on Highway
545.421
Fleeing or Attempting to Elude Police Officer
545.422
Crossing Sidewalk or Hike and Bike Trail
545.423
Crossing Property
545.425
Use of Wireless Communication Device in a School Crossing Zone or While Operating a Bus with a Minor Passenger
545.426
Operation of School Bus
545.427
Operation of Vehicle with Insufficient Undercarriage Clearance
545.428
Motor Vehicle Collision Involving Pedestrian or Other Vulnerable Road User Within Area of Crosswalk
545.451
Definitions
545.452
Exclusive Regulation of the Operation of Automated Motor Vehicles and Automated Driving Systems
545.453
Operator of Automated Motor Vehicle
545.454
Automated Motor Vehicle Operation
545.455
Duties Following Collision Involving Automated Motor Vehicle
545.456
Vehicle Classification
545.0605
Operation of Motorcycles on Roadway Laned for Traffic
545.0651
Restriction on Use of Highway
545.0652
County Restriction on Use of Highway
545.0653
Restriction on Use of Highway in Maintenance or Construction Work Zone
545.2535
School Buses to Stop at All Railroad Grade Crossings
545.2555
Report and Investigation of Certain Railroad Crossing Violations
545.3051
Removal of Personal Property from Roadway or Right-of-way
545.3075
Overnight Parking of Commercial Motor Vehicle near Certain Apartment Complexes
545.3531
Authority of District Engineer to Temporarily Lower Speed Limit at Highway Maintenance Activity Site
545.3535
Authority of Texas Transportation Commission to Alter Speed Limits on Certain Roads
545.3561
Authority of Municipality or County to Temporarily Lower Speed Limit at Vehicular Collision Reconstruction Site
545.3625
Confidentiality of Violation Information: Fuel Conservation Speed Limit
545.4121
Dismissal
545.4145
Riding in or on Boat or Personal Watercraft Drawn by Vehicle
545.4165
Operation of Certain Motorcycles
545.4191
Person Riding in Trailer or Semitrailer Drawn by Truck, Road Tractor, or Truck Tractor
545.4205
Interference with Peace Officer Investigation of Highway Racing or Reckless Driving Exhibition
545.4251
Use of Portable Wireless Communication Device for Electronic Messaging
545.4252
Use of Wireless Communication Device on School Property

Accessed:
Jun. 5, 2024

§ 545.362’s source at texas​.gov