Section 25.27 - Variable Speed Limits(a) Purpose. This section describes the criteria governing the authority to set variable speed limits under Transportation Code, §545.353(k).(b) Criteria for variable speed limits. A district engineer may temporarily lower the established prima facie speed limits on a part of the state highway system in the engineer's district as necessary for the safe and orderly movement of traffic because of traffic volume, adverse weather conditions, highway construction work zones, or traffic crashes and incidents. A speed limit lowered under this section: (1) must be based on an engineering and traffic investigation described by subsection (c) of this section; and(2) will be lowered only by five miles per hour or ten miles per hour below the prima facie speed limit.(c) Engineering and traffic investigation. The engineering and traffic investigation required to establish a speed limit under this section may include the determination of a spot speed within the affected area, speed-over-distance readings from automated field technology, sight distance during inclement weather, or traffic flow obtained by either field investigation or automated technology. An 85th percentile speed study is not required for establishing a variable speed limit.(d) Sign placement. A speed limit established under this section is effective only if a sign indicating the change in the speed limit is displayed between 500 and 1,000 feet before the point at which the speed limit takes effect and only when the speed limit is posted. A sign will also be posted at the point where the speed limit takes effect, and at other locations that the district engineer determines are necessary to comply with the Texas Manual on Uniform Traffic Control Devices. Notice of a speed limit established under this section may be displayed using a stationary or portable changeable message sign, as defined by Transportation Code, §544.013. The department may use an electronic sign that is capable of displaying more than one message for posting a reduced speed limit.(e) Documentation of lowered variable speed limits. The department will keep an official record of all changes made to prima facie speed limit on an affected roadway under this section that includes the date, time, and duration of the lowered speed limit.(f) Coordination. The department will coordinate with state and local law enforcement agencies regarding the locations and amount of the reductions under this section. The department will make records maintained under subsection (e) of this section available to state and local law enforcement entities in order to support speed limit enforcement.(g) Prohibited use. Transportation Code, §545.353(k), prohibits the lowering of an established prima facie speed limit under this section to divert traffic to a toll road for the purpose of increasing revenue from toll charges.43 Tex. Admin. Code § 25.27
The provisions of this §25.27 adopted to be effective December 12, 2013, 38 TexReg 8928; Adopted by Texas Register, Volume 49, Number 41, October 11, 2024, TexReg 8406, eff. 10/16/2024