JURISDICTION: TEXAS

This chapter summarizes Texas State statutes related to speed.

General Reference: Citations are to Vernon's Texas Transportation Code (Tran. Code).

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the circumstances then existing or under the conditions and having regard to actual and potential hazards. Tran. Code §545.351(a) & (b)(1)⁽¹⁾

Statutory Speed Limit: Operating a vehicle in excess of the following speed limits is prima facie

See Other below. evidence that such speed is not reasonable and prudent and is unlawful. Tran. Code §545.352(a)¹

A) 70 MPH during the daytime on "numbered" highways outside an urban district for passenger vehicles⁽²⁾ and motorcycles Tran. Code §545.352(b)(2)¹

B) 65 MPH during the nighttime on "numbered" highways outside an urban district for passenger vehicles² and motorcycles Tran. Code §545.352(b)(2)¹

C) 60 MPH during the daytime on highways that are not "numbered" and that are outside of an urban district for passenger vehicles and motorcycles Tran. Code §545.352(b)(3)¹

D) 55 MPH during the nighttime on highways that are not "numbered" and that are outside of an urban district for passenger vehicles and motorcycles Tran. Code§545.352(b)(3)¹

E) 60 MPH outside an urban district unless another speed limit has been established by law. Tran. Code §545.352(b)(4)

F) 30 MPH in an urban district Tran. Code §545.352(b)(1)¹

G) 15 MPH in an alley Tran. Code §545.352(b)(1)¹

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the Texas Transportation Commission may alter the prima facie speed limits on State highways and limited-access or controlled highways inside or outside of any municipality.⁽³⁾ Tran. Code §545.353(a) & (f)

Basis for a Speed Law Violation: (continued)

Posted (Maximum) Speed Limit: (continued) II. Based on engineering and traffic investigations, the Texas Turnpike Authority may alter the prima facie speed limits on highways under its jurisdiction including those inside or outside any municipality.⁽⁴⁾ Tran. Code §545.354(a) & (d)

III. Based on engineering and traffic investigations, county court commissioners may alter the prima facie speed limits on highways under their jurisdiction.⁽⁵⁾ Tran. Code §545.355(a)

IV. Based on engineering and traffic investigations, municipalities may alter the prima facie speed limits on highways under their jurisdiction.⁽⁶⁾ Tran. Code §545.356(a) & (b)

V. Texas law gives United States military commanders the authority to alter the prima facie speed limits on state highways within a United States military reservation.⁽⁷⁾ Tran. Code §545.358

VI. Based on investigations, the Texas Transportation Commission, the Texas Turnpike Authority or a local government may establish safe maximum speed limits for bridges or other elevated structures under their jurisdiction. Tran. Code §545.361(e)

Minimum Speed Limit: No person shall drive so slowly as to impede the normal and reasonable movement of traffic. Tran. Code §545.363(a)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the Texas Transportation Commission, the Texas Turnpike Authority or a local government may establish minimum speed limit for any highway under their jurisdiction. Tran. Code §545.363(b)

Other: I. Operating the following types of vehicles in excess of the given speed limits is prima facie evidence that such speed is not reasonable and prudent and is unlawful. Tran. Code §545.352(a)¹

A) A house trailer weighing >4,500 lbs. or >32 ft. cannot be towed >45 MPH outside an urban district. Tran. Code §545.352(b)(5)(A)¹

B) A school bus cannot be driving >50 MPH outside an urban district. Tran. Code §545.352(b)(5)(B)¹

C) 60 MPH during the daytime on highways that are outside of an urban district for trucks (e.g., truck tractor, trailer, or semitrailer) and for other towed vehicles Tran. Code §545.352(b)(5)(C)¹

Basis for a Speed Law Violation: (continued)

Other: (continued) D) 55 MPH during the nighttime on highways that are outside of an urban district for trucks (e.g., truck tractor, trailer, or semitrailer) and for other towed vehicles Tran. Code §545.352(b)(5)(C)¹

II. 30 MPH is the maximum speed limit in a county park that borders the Gulf of Mexico. Tran. Code §750.002

III. A vehicle equipped with solid rubber or cushion tires may be operated >10 MPH. Tran. Code §545.361(b)

IV. Self-propelled agricultural machinery used for planting "food materials" and not designed for transportation purposes may not be operated >30 MPH. Tran. Code §545.361(d)

V. A person may not operate a vehicle on a beach >25 MPH during the daytime or >20 MPH during the nighttime. Tran. Code §545.364

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Tran. Code §§542.301 & 750.002(b)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): $1 to $200 Tran. Code §§542.401 & 750.002(b)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation at the discretion of the licensing agency. This action is based on either (1) on habitually reckless or negligent vehicle operation or (2) on habitual violation of the traffic laws.⁽⁸⁾ Tran. Code §§521.163, 521.294(a) & (b)(4)⁽⁹⁾

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Term of License Withdrawal

(Days, Months, Years, etc.): Revocation-Indefinite Period Tran. Code §521.306(a)

Suspension-Not more than 1 year Tran. Code §521.306(b)

Mandatory Minimum Term of

Withdrawal: Revocation-The revocation period cannot be probated and, therefore, appears to be mandatory. Tran. Code §521.306(a)

Suspension-None A suspension may be probated and is, therefore, not mandatory.⁽¹⁰⁾ Tran. Code §521.303(a)

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: Misdemeanor Tran. Code §§542.301(b) & 545.420

Sanctions:

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): $1 to $200 Tran. Code §542.401

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension or Revocation at the discretion of the licensing agency. This action is based either (1) on habitually reckless or negligent vehicle operation or (2) on habitual violation of the traffic laws.⁸ Tran. Code §§521.163, 521.294(a) & (b)(4)⁹

Length of Term of

Licensing Withdrawal: Revocation-Indefinite Period Tran. Code §521.306(a)

Suspension-Not more than 1 year Tran. Code §521.306(b)

Mandatory Action--Minimum

Length of License

Withdrawal: Revocation-The revocation period cannot be probated and, therefore, appears to be mandatory. Tran. Code §521.306(a)

Suspension-None A suspension may be probated and is, therefore, not mandatory.¹⁰ Tran. Code §521.303(a)

Other:

Reckless Driving: Misdemeanor Tran. Code §545.401(a) & (b)

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days Tran. Code §545.401(b)(2)

Mandatory Minimum Term

of Imprisonment: None

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued)

Fine ($ Range): Not more than $200 Tran. Code §545.401(b)(1)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation at the discretion of the licensing agency. This action is based either (1) on habitually reckless or negligent vehicle operation or (2) on habitual violation of the traffic laws.⁸ Tran. Code §§521.163, 521.294(a) & (b)(4)⁹

Length of Term of License

Withdrawal Action: Revocation-Indefinite Period Tran. Code §521.306(a)

Suspension-Not more than 1 year Tran. Code §521.306(b)

Mandatory Term of License

Withdrawal Action: Revocation-The revocation period cannot be probated and, therefore, appears to be mandatory. Tran. Code §521.306(a)

Suspension-None A suspension may be probated and is, therefore, not mandatory.¹⁰ Tran. Code §521.303(a)

Other:

Commercial Motor Vehicle (CMV) Operators⁽¹¹⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽¹²⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. Tran. Code §522.081(a)

Period of Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days Tran. Code §522.081(a)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days Tran. Code §522.081(a)

1. ¹See also §1 of Ch. 295, Laws of 1995. Sec. 1 of Ch. 295, Laws of 1995, amended §166(a) of Art. 6701d even though such section was repealed and replaced by Tran. Code §§545.351 & 454.352. See Ch. 165, Laws of 1995. However, because of the provisions of Government Code §311.031(c) and the fact that, Ch. 295, Laws of 1995 was enacted after §166(a) of Art. 6701d was repealed and replaced, §1 of this chapter it is given effect.

2. ²The speed limits established for passenger vehicles also apply to (1) vehicles used to transport passengers for hire, (2) vehicles used to transport United States mail and (3) light trucks. Tran. Code §545.352(c) A "light truck" is defined as a truck with a carrying capacity of 2,000 lbs. and includes pick-up trucks, panel delivery trucks and carry-all trucks. Tran. Code §545.352(d)(1)

3. ³However, the following limitations apply. A speed limit cannot be established >70 MPH. And, the speed limits established for per Tran. Code §545.352(b)(5) for certain vehicles outside an urban district cannot be changed. Tran. Code §545.353(d)

4. ⁴However, a speed limit cannot be established >70 MPH. Tran. Code §545.354(f)(2)

5. ⁵However, a speed limit cannot be established >60 MPH. Tran. Code §545.355(a)

6. ⁶However, a speed limit cannot be established >60 MPH. Tran. Code §545.356(a) & (b) Also, if there is a conflict in the established speed limits by a municipality and the Texas Transportation Commission for any highway, the speed limit established by the State prevails. Tran. Code §545.359

7. ⁷However, a speed limit cannot be established >60 MPH. Tran. Code §545.358 Also, if there is a conflict in the established speed limits by the U.S commander and the Texas Transportation Commission for any highway, the speed limit established by the State prevails. Tran. Code §545.359

8. ⁸An "habitual violator" is defined as a person who has committed either 4 or more traffic offenses within 12 months or 7 or more offenses within 24 months. Tran. Code §521.294(h)

9. ⁹See also §2 of Ch. 434, Laws of 1995. Sec. 2 of Ch. 434, Laws of 1995, amended §22(b) of Art. 6787b even though such section was repealed and replaced by Tran. Code §521.294. See Ch. 165, Laws of 1995. However, because of the provisions of Government Code §311.031(c) and the fact that, Ch. 434, Laws of 1995, was enacted after §22(b) of Art. 6687b was repealed and replaced, §2 of this chapter it is given effect.

10. ¹⁰If a license suspension is probated, the offender must be placed on probationary status for a period of 90 days to 2 years. Tran. Code §521.303(c)

11. ¹¹A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. Tran. Code §522.003(5)

12. ¹²A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. Tran. Code §522.003(25)