Acts 2005, 79th Leg., Ch. 8.01. 166 (H.B. (ii) is traveling on a highway not numbered by the United States or this state; (6) on a county road adjacent to a public beach, 15 miles per hour, if declared by the commissioners court of the county. (B) not later than 72 hours after the violation; (A) an office of the department located in the county in which the violation occurred; (B) the sheriff of the county in which the violation occurred, if the violation occurred in the unincorporated area of the county; or, (C) the police department of a municipality, if the violation occurred in the municipality; and. (2) to the greatest extent practicable, ensure a systems approach to preclude the designation of inconsistent lane restrictions among adjacent municipalities. October 21, 2021. Acts 2017, 85th Leg., R.S., Ch. 10, eff. Contact us. (a) A person commits an offense if the person uses the person's body, a car, or a barricade to knowingly impede or otherwise interfere with a peace officer's investigation of conduct prohibited under Section 545.420 or a reckless driving exhibition, as defined by Section 42.03, Penal Code. Sec. September 1, 2013. 1253 (H.B. Sec. 1080, Sec. (c) If the motorcycle or moped is designed to carry more than one person, a passenger may ride only on the permanent and regular seat, if designed for two persons, or on another seat firmly attached to the motorcycle or moped behind or to the side of the operator. The commissioners court shall use each license or permit fee to pay salaries and expenses of the sheriff's office for conducting inspections to determine compliance with the ordinance and laws relating to dealers in scrap metal and salvage. 771), Sec. For example, say that a driver fails to notice a patch of black ice on the road. (f) The commission's authority to alter speed limits applies: (1) to any part of a highway officially designated or marked by the commission as part of the state highway system; and. Sec. 265 (H.B. (b) An operator of a vehicle or equipment may not move on or across a track at a railroad grade crossing unless the operator has given notice to a station agent of the railroad and given the railroad reasonable time to provide proper protection at the crossing. Acts 2021, 87th Leg., R.S., Ch. 545.402. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 165, Sec. what is the oldest baseball bat company? (c) An operator who is passing a streetcar may not turn in front of the streetcar so as to interfere with or impede its movement. (a) When an automated driving system installed on a motor vehicle is engaged: (1) the owner of the automated driving system is considered the operator of the automated motor vehicle solely for the purpose of assessing compliance with applicable traffic or motor vehicle laws, regardless of whether the person is physically present in the vehicle while the vehicle is operating; and. Acts 2009, 81st Leg., R.S., Ch. September 1, 2019. AUTHORITY OF REGIONAL TOLLWAY AUTHORITIES TO ALTER SPEED LIMITS ON TURNPIKE PROJECTS. 2.05, eff. Sec. Car accident victims can point to many actions that constitute driver negligenceincluding lack of evasive action. 2, eff. PASSING STREETCAR TO RIGHT. This subsection does not apply to a federal-aid or state highway unless the director of the Texas Department of Transportation determines that the roadway is wide enough to permit angle parking without interfering with the free movement of traffic. 1, eff. Explores risk management in medieval and early modern Europe, (b) An operator of a truck, tractor, or bus moving on a downgrade may not coast with the clutch disengaged. Sept. 1, 1997. As a factor contributing to the accident, the police report listed faulty evasive action by Griffin. 545.354. Sec. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 1997. of Section 550.023. (d) To turn left, an operator who is approaching an intersection having a roadway designated for one-way traffic and for which signs are posted from a roadway designated for one-way traffic and for which signs are posted shall make the turn as closely as practicable to the left-hand curb or edge of the roadway. (d) It is an affirmative defense to prosecution of an offense under this section that: (1) the wireless communication device was used to make an emergency call to: (A) an emergency response service, including a rescue, emergency medical, or hazardous material response service; (F) an individual to administer first aid treatment; or. 3171), Sec. COPYRIGHT 2023 De La Garza | disclaimer. If the lanes to be restricted by the commission are located within a municipality, the commission shall consult with the municipality before adopting an order under this section. Sept. 1, 1997. 18, eff. (B) was in possession of an open container, as defined by Section 49.031, Penal Code. 6, eff. s Crash Report Code Sheet Texas Peace Officer 3Refer to the Numbered Lists Numbered Fields on the CR the form t Q ti O Form CR 3CS 111 2010 2 Roadway Part 3 Street Prefix IH Interstate AL Alternate 1 MainlProper Lane US SP Spur 2 ServicelFrontage US Highway SH State Highwa y CR County FM Farm to PR Park Market Road 3 Road 4 PV . When a vehicle is following too close to take proper evasive action, the results can be deadly: tailgating contributed to 12 fatal crashes in 2015. Sept. 1, 2001. Sept. 1, 1995. 545.256. According to the Texas Department of Transportation, in 2020 there were more than 4,800 . (1) alter the general rule established by Section 545.351(a); or. (h) In this section, "passenger vehicle," "safety belt," and "secured" have the meanings assigned by Section 545.412. 1, eff. Acts 2015, 84th Leg., R.S., Ch. (3) the vehicle is in clear view for at least 200 feet in each direction on the highway. 41-faulty evasive action 42-fire in vehicle 43-fleeing or evading police 44-followed too closely 45-had been drinking 46-handicapped driver (exp. Sec. Acts 2019, 86th Leg., R.S., Ch. TXDOT CODE SHEET. Promptly after the filing of a petition meeting the requirements of this subsection and subject to Subsection (d), the county or municipality receiving the petition shall post the signs. September 1, 2011. (a) The Texas Transportation Commission by resolution or order recorded in its minutes may prohibit the use of a limited-access or controlled-access highway under the jurisdiction of the commission by a parade, funeral procession, pedestrian, bicycle, electric bicycle, motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less, or nonmotorized traffic. 545.301. 1061, Sec. PASSING A SCHOOL BUS; OFFENSE. 1560), Sec. 1, eff. (2) "Traffic control channelizing device" means equipment used to warn and alert drivers of conditions created by work activities in or near the traveled way, to protect workers in a temporary traffic control zone, and to guide drivers and pedestrians safely. 739, Sec. Sec. 1353), Sec. Welcome to the Texas Department of Transportation FTP Server 1257 (H.B. Acts 1995, 74th Leg., ch. unsafe speeding, and faulty evasive action. (b) An operator passing another vehicle shall return to an authorized lane of travel: (1) before coming within 200 feet of an approaching vehicle, if a lane authorized for vehicles approaching from the opposite direction is used in passing; or otherwise. (b) The operator of a vehicle that has an explosive substance or flammable liquid as the vehicle's principal cargo, before crossing a railroad grade crossing on a highway in a municipality: (2) while stopped, shall listen and look in both directions along the track for an approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment; and. The most common contributing factors to the state's fatal crashes in 2018 were speed-related, which was cited in 1,153 crashes. (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. Amended by Acts 1997, 75th Leg., ch. (c) The Texas Department of Transportation shall develop safety guidelines for the use of vehicular accident reconstruction in investigations. Amended by Acts 1999, 76th Leg., ch. (b) An operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle: (1) in front of a public or private driveway; (3) within 20 feet of a crosswalk at an intersection; (4) within 30 feet on the approach to a flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway; (5) within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance, if the entrance is properly marked with a sign; or. September 1, 2021. 3, eff. (c) To move a vehicle or equipment on or across a track at a railroad grade crossing, the operator: (1) shall stop the vehicle or equipment not closer than 15 feet or farther than 50 feet from the nearest rail of the railroad; (3) may not proceed until it is safe to cross the track. (a) An operator who stops or parks on a two-way roadway shall do so with the right-hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb or edge of the roadway. (c) A prima facie speed limit that is declared by the commission under this section is effective when the commission erects signs giving notice of the new limit. 3838), Sec. (2) the left side is clearly visible and free of approaching traffic for a distance sufficient to permit passing without interfering with the operation of the passed vehicle or a vehicle approaching from the opposite direction. Failure to take evasive action; Distracted driving; Failure to apply brakes; Failure to maintain lane; If you have any questions or would like us to get started on your case, call us now at (855) 326-0000 for help. (2) causes bodily injury to a pedestrian or a person operating a bicycle, motor-assisted scooter, electronic personal assistive mobility device, neighborhood electric vehicle, or golf cart. Sec. (2) equipped with footrests and handholds for use by the passenger. 923 (H.B. 1353), Sec. Sec. (1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and. 9, eff. (a) In this section: (1) "Commercial motor vehicle" has the meaning assigned by Section 548.001. 1, eff. (b) An operator intending to turn a vehicle right or left shall signal continuously for not less than the last 100 feet of movement of the vehicle before the turn. (c) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. September 1, 2019. A person may not: (1) open the door of a motor vehicle on the side available to moving traffic, unless the door may be opened in reasonable safety without interfering with the movement of other traffic; or. 2981), Sec. PASSING TO THE LEFT; RETURN; BEING PASSED. RESTRICTION ON USE OF HIGHWAY IN MAINTENANCE OR CONSTRUCTION WORK ZONE. Distracted drivers are being targeted by a new Texas law. SIGNALS BY HAND AND ARM OR BY SIGNAL LAMP. Added by Acts 2003, 78th Leg., ch. 1171, Sec. Sept. 1, 1995. 1, eff. The next most cited reason was alcohol and/or drug-related with 916.. 545.404. The governing body of a local authority, by ordinance, order, or other official action, may provide that in a prosecution for an offense under this subchapter involving the stopping, standing, or parking of an unattended motor vehicle it is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred. in narrative) 49-improper start from parked position 50-load not secured 51-opened door into traffic lane 52-oversize vehicle or load 165, Sec. Acts 2013, 83rd Leg., R.S., Ch. (c) In this section, "boat" and "personal watercraft" have the meanings assigned by Section 31.003, Parks and Wildlife Code. 41-faulty evasive action 42-fire in vehicle 43-fleeing or evading police 44-followed too closely 45-had been drinking 46-handicapped driver (exp. Sept. 1, 1995. 1, eff. (i) Repealed by Acts 2011, 82nd Leg., R.S., Ch. SPEED LIMIT EXCEPTION FOR EMERGENCIES; MUNICIPAL REGULATION. Added by Acts 2003, 78th Leg., ch. RIDING IN OR ON BOAT OR PERSONAL WATERCRAFT DRAWN BY VEHICLE; OFFENSE. Sept. 1, 1995. 5.68(12), eff. (2) subsequent to the time of the offense, the defendant obtained an appropriate child passenger safety seat system for each child required to be secured in a child passenger safety seat system under Section 545.412(a). 1, eff. DRAWBARS AND TRAILER HITCHES; SADDLE-MOUNT TOWING. 8.01. (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. 545.051. 920, Sec. (2) may not exceed 15 feet between the vehicles except for a connection between two vehicles transporting poles, pipe, machinery, or other objects of structural nature that cannot readily be dismembered. (a) An operator may not pass to the left or drive on the left side of a streetcar moving in the same direction, even if the streetcar is temporarily at rest, unless the operator: (1) is directed to do so by a police officer; (3) is on a street on which the location of the tracks prevents compliance with this section. (b) An entity that sets a lower speed limit on a road or highway in the state highway system for a construction or maintenance work zone shall place or require to be placed a sign at the end of the zone that indicates the speed limit after the zone ends. (f) If the commission enters an order under this section, it shall file the order in the office of the governor. (a) Except as provided by Subsection (c), the operator of a motor bus carrying passengers for hire, before crossing a railroad grade crossing: (1) shall stop the vehicle not closer than 15 feet or farther than 50 feet from the nearest rail of the railroad; (2) while stopped, shall listen and look in both directions along the track for an approaching train or other on-track equipment and signals indicating the approach of a train or other on-track equipment; and. 2/11/2015 1.1 R. Holt 3.3.19 Edit Tips 3/26/2015 1.2 R. Holt 3.2.11.9, 3.2.11.11, Texas Department of Transportation . Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. September 1, 2011. 1146 (H.B. (e) The Texas Transportation Commission, for a state highway, the Texas Turnpike Authority, for any part of a turnpike constructed and maintained by the authority, and a local authority for a highway under the jurisdiction of the local authority, may investigate a bridge or other elevated structure that is a part of a highway. 30.108(a), eff. (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 operator on a roadway having four or more lanes for moving vehicles and providing for two-way movement of vehicles may not drive left of the center line of the roadway except: (1) as authorized by an official traffic-control device designating a specified lane to the left side of the center of the roadway for use by a vehicle not otherwise permitted to use the lane; (2) under the conditions described by Subsection (a)(2); or. DRIVING ON MOUNTAIN HIGHWAY. (b) An operator may not carry another person on the motorcycle or moped, and a person who is not operating the motorcycle or moped may not ride on the motorcycle or moped, unless the motorcycle or moped is: (1) designed to carry more than one person; and. The term includes a traffic cone, tubular marker, vertical panel, drum, barricade, temporary raised island, concrete or cable barrier, guardrail, or channelizer. Otherwise, the order has no effect. 19.05, eff. 4, eff. Sept. 1, 1995. About Transportation. Acts 1995, 74th Leg., ch. September 1, 2017. Special Provisions and Exceptions for Oversize or Overweight Vehicles: Transportation Code Chapter 622. Sec. DRIVING THROUGH SAFETY ZONE. 2, eff. 712 (H.B. stanford beach volleyball. 1, eff. 730 (H.B. An operator of a streetcar may not, without the consent of the fire department official in command, drive over an unprotected hose of a fire department when the hose is on a streetcar track and intended for use at a fire or alarm of fire. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN OR OTHER ON-TRACK EQUIPMENT. 2837), Sec. Sec. (D) the name, address, and telephone number of the person filing the report. 216 (H.B. May 27, 2005. An operator may not stop or suddenly decrease the speed of the vehicle without first giving a stop signal as provided by this subchapter to the operator of a vehicle immediately to the rear when there is an opportunity to give the signal. (a-2) Notwithstanding Subsection (a-1), a person under 18 years of age may operate a moped after midnight and before 5 a.m. if the person is in sight of the person's parent or guardian. (e) Subsection (d) does not prohibit an operator from carrying on a motorcycle or moped a person younger than five years of age who is seated in a sidecar attached to the motorcycle or moped. The notice must be published at least 12 days before the date of the hearing. Added by Acts 2013, 83rd Leg., R.S., Ch. (2) removes all temporary signs, concealments, and equipment used at the vehicular accident reconstruction site. An operator on an access or feeder road of a limited-access or controlled-access highway shall yield the right-of-way to a vehicle entering or about to enter the access or feeder road from the highway or leaving or about to leave the access or feeder road to enter the highway. DRIVING ON STREETCAR TRACKS. (j) The commission may not determine or declare, or agree to determine or declare, a prima facie speed limit for environmental purposes on a part of the highway system. (c) An operator may not light the signals on only one side of the vehicle on a parked or disabled vehicle or use the signals as a courtesy or "do pass" signal to the operator of another vehicle approaching from the rear. 545.3051. September 1, 2007. Sec. Sec. (b) The governing body of a municipality, for a highway or part of a highway in the municipality, including a highway of the state highway system, has the same authority to alter prima facie speed limits from the results of an engineering and traffic investigation as the commission for an officially designated or marked highway of the state highway system, when the highway or part of the highway is under repair, construction, or maintenance. Sec. 1, eff. 265 (H.B. 1294), Sec. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (a) A person may not operate a school bus if: (1) the door of the school bus is open; or. (a) A person commits an offense if the person operates an open-bed pickup truck or an open flatbed truck or draws an open flatbed trailer when a child younger than 18 years of age is occupying the bed of the truck or trailer. (c) The residents of a residential subdivision may petition a county or municipality in which the subdivision is located for the posting of signs prohibiting the overnight parking of a commercial motor vehicle in the subdivision or on a street adjacent to the subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park. (b) If the commission adopts a rule under Subsection (a), the commission shall erect and maintain official traffic-control devices on the portions of the limited-access or controlled-access highway to which the rule applies. (b) An operator of a vehicle equipped with solid rubber or cushion tires may not drive at a speed of more than 10 miles per hour. (b) On approaching a vehicle described by Subsection (a), an operator, unless otherwise directed by a police officer, shall: (1) vacate the lane closest to the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle; or, (A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or. (5) an estimate of how long the site will be used for the accident reconstruction. (2) require a course different from that specified in this section for movement by vehicles turning at an intersection. (a) Unless otherwise provided by this subchapter, the operation of automated motor vehicles, including any commercial use, and automated driving systems are governed exclusively by: (b) A political subdivision of this state or a state agency may not impose a franchise or other regulation related to the operation of an automated motor vehicle or automated driving system. Sec. Faulty Evasive Action: 8.35%: 6: Changed Lane When Unsafe: 7.10%: 7: Disabled/Parked in Traffic Lane: . Acts 2011, 82nd Leg., R.S., Ch. 663, Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 545.359. 25, eff. broderick's roadhouse mexican marinade sauce texas traffic code faulty evasive action. 1, eff. Evasive Action - An evasive action is a fast and effective maneuver made intentionally to avoid colliding with a person, another vehicle, or an object. This driving mistake highlights the importance . 663 (H.B. (c) In this section, "hike and bike trail" means a trail designed for the exclusive use of pedestrians, bicyclists, or both. DEFINITIONS SUBCHAPTER A. (a) An operator approaching an intersection: (1) shall stop, yield, and grant immediate use of the intersection: (A) in obedience to an official traffic-control device, including a stop sign or yield right-of-way sign; or, (B) if a traffic-control signal is present but does not display an indication in any of the signal heads; and. An operator may not turn the vehicle to enter a private road or driveway, otherwise turn the vehicle from a direct course, or move right or left on a roadway unless movement can be made safely. 1, eff. Sec. 545.0651. (c) A local authority by ordinance may prohibit the use of a limited-access or controlled-access roadway under the jurisdiction of the authority by a parade, funeral procession, pedestrian, bicycle, electric bicycle, motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less, or nonmotorized traffic. Source: Texas Centers for Border Economic and Enterprise Development, Bureau of Transportation Statistics, TransBorder Freight Data Source: TxDOT CRIS Data . An owner as defined by Section 502.001(31) may identify the vehicle to the department as an automated motor vehicle or an automated driving system. (e) The commissioners court of a county with a population of more than 2.8 million may establish from the results of an engineering and traffic investigation a speed limit of not more than 75 miles per hour on any part of a highway of that county that is a limited-access or controlled-access highway, regardless of the location of the part of the highway. Sec. 1, eff. in narrative) 48-impaired visibility (exp. September 1, 2013. 545.058. shall: (1)immediately stop the vehicle at the scene of the accident or as close as possible Amended by Acts 2001, 77th Leg., ch. Sec. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS. 1831), Sec. 1560), Sec. (e) An investigating peace officer who has probable cause to believe that a charge against an individual for a violation of Section 545.251, 545.252, 545.253, 545.254, or 545.255 is justified may: (1) prepare a written notice to appear in court that complies with Sections 543.003, 543.006, and 543.007; and. 1, eff. (e) The Texas Transportation Commission or a local authority, with respect to a highway in its jurisdiction, may: (1) authorize the placement of an official traffic-control device in or adjacent to an intersection; and. June 19, 2015. 1016 (H.B. (3) the number of vehicular accidents that resulted in injury or death and were attributable to speed limit violations on the highway or part of the highway. 1, eff. Sec. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. (2) "Passenger vehicle" means a passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers, including the driver, truck, or truck tractor. Vehicle Equipment. (k) This section expires when the national maximum speed limits are repealed. Finally, weather conditions can also play a part, such as rain making the roads slick, sleet or fog. 154 (H.B. 510), Sec. September 1, 2019. (3) where the center lane is designated by an official traffic-control device for movement in the direction in which the operator is moving. 165, Sec. Sec. (b) If a roadway is divided into three lanes and provides for two-way movement of traffic, an operator on the roadway may not drive in the center lane except: (1) if passing another vehicle and the center lane is clear of traffic within a safe distance; (2) in preparing to make a left turn; or. June 1, 2023. (3) "Urban district" means the territory adjacent to and including a highway, if the territory is improved with structures that are used for business, industry, or dwelling houses and are located at intervals of less than 100 feet for a distance of at least one-quarter mile on either side of the highway. PERSON RIDING IN TRAILER OR SEMITRAILER DRAWN BY TRUCK, ROAD TRACTOR, OR TRUCK TRACTOR. Sec. MOVING HEAVY EQUIPMENT AT RAILROAD GRADE CROSSINGS. Sec. (a) In this section: (1) "Electric personal assistive mobility device" has the meaning assigned by Section 551.201. (3) a state jail felony if the person has been previously convicted under Subdivision (2). 0. (4) "Neighborhood electric vehicle" has the meaning assigned by Section 551.301. (C) test the physical stamina or endurance of an operator over a long-distance driving route. 3, eff. Now, the brothers say they want trucking companies to take a close look at safety procedures and training. 1, eff. 731, Sec. Civ. Acts 2021, 87th Leg., R.S., Ch. (3) may not proceed until the operator determines that the course is clear. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 2, eff. (a) An operator shall obey the directions of a sign or marking in Subsection (c) or (d) if the sign or marking is in place and clearly visible to an ordinarily observant person. 2005 Texas Transportation Code CHAPTER 541. (2) deliver the notice to the individual named in the notice in person or by certified mail. Sept. 1, 1995. (B) in which the majority of lots are subject to deed restrictions limiting the lots to residential use. 1093), Sec. PERSONS AND GOVERNMENTAL AUTHORITIES 541.001. In the State of Texas the person bringing the claim can be found up to 50% at fault by a jury and still recover their damages, but the amount they recover is reduced by their percentage of negligence. (2) may not move back to the right side of the roadway until safely clear of the passed vehicle. (a) An operator of a motorcycle or moped shall ride on the permanent and regular seat attached to the motorcycle or moped. Added by Acts 2021, 87th Leg., R.S., Ch. Sec. A person may not operate a motorcycle described by Section 521.001(a)(6-a)(C)(vii) on a public highway for which the posted speed limit is more than 45 miles per hour, except that the operator may cross an intersection with a public highway that has a posted speed limit of more than 45 miles per hour. 548. The term: (i) operational aspects, including steering, braking, accelerating, and monitoring the vehicle and the roadway; and, (ii) tactical aspects, including responding to events, determining when to change lanes, turning, using signals, and other related actions; and. Common Types of Lift Truck Accidents in McAllen, TX. 1353), Sec. (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. (B) is operated by a person licensed under Subchapter D, Chapter 2308, Occupations Code.