Relating to certain memorial markers and designations on certain highways in this state.

89(R) HB 1398 - House Committee Report version - Bill Text

89R21316 RDR-F

By: Harris, et al.

H.B. No. 1398

Substitute the following for H.B. No. 1398:

By: Curry

C.S.H.B. No. 1398

A BILL TO BE ENTITLED

AN ACT

relating to certain memorial markers and designations on certain

highways in this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 201.909(e), (f), and (g),

Transportation Code, are amended to read as follows:

(e) If the application meets the department's requirements

and the applicant pays the memorial sign fee, the department shall

erect a sign. A sign posted under this section may remain posted for

ten
[
two
] years. At the end of the
ten-year
[
two-year
] period the

department may release the sign to the applicant. The department is

not required to release a sign that has been damaged.

(f) A sign posted under this section that is damaged shall

be removed by the department. Except as provided in Subsection (g),

the department may post a new sign if it has been less than
ten
[
two
]

years from the posting of the original sign and a person:

(1) submits a written request to the department to

replace the sign; and

(2) submits a replacement fee in the amount provided

under Subsection (d)(2).

(g) During the
ten-year
[
two-year
] posting period the

department shall replace a sign posted under this section that is

damaged because of the department's negligence.

SECTION 2. Section 201.911, Transportation Code, is amended

by amending Subsections (a) and (c) and adding Subsection (c-1) to

read as follows:

(a) In this section, "victim" means a person killed in a

highway collision while operating or riding on a motorcycle.
The

term does not include a person who was under the influence of

alcohol or a controlled substance at the time of the collision.

(c) A sign designed and posted under this section shall

include:

(1) a
motorcyclist safety message selected from the

options provided by commission rule under Subsection (c-1)
[
red

cross
];

(2) the phrase "In Memory Of" and the name of one or

more victims in accordance with the commission rule; and

(3) the date of the collision that resulted in the

victim's death.

(c-1)

The commission by rule shall develop motorcyclist

safety messages that may be used on the memorial signs under this

section.

SECTION 3. Section 225.021, Transportation Code, is amended

by amending Subsection (a) and adding Subsection (e) to read as

follows:

(a)
Subject to Subsection (e), the
[
The
] department shall

repair and replace each marker required by this subchapter and

maintain the grounds for the marker.

(e)

The department may not repair or replace a marker after

the 10th anniversary of the effective date of the provision

requiring the marker to be erected unless a grant or donation of

funds is made to the department to cover the cost of the repair or

replacement of the marker. This subsection applies only to a

provision of this subchapter enacted after January 1, 2025, that

requires the erection of a marker.

SECTION 4. (a) Not later than December 1, 2025, the Texas

Transportation Commission shall adopt the rules required by Section

201.911(c-1), Transportation Code, as added by this Act.

(b) Notwithstanding Section 201.911, Transportation Code,

as amended by this Act, the Texas Department of Transportation is

not required to comply with the changes in law made by this Act

before March 1, 2026.

SECTION 5. This Act takes effect September 1, 2025.