H.B. No. 1398 amends the Transportation Code to modify regulations regarding memorial markers and designations on highways in Texas. Key changes include extending the duration for which memorial signs can be posted from two years to ten years, allowing the Texas Department of Transportation (TxDOT) to release signs to applicants after this period, and establishing conditions under which damaged signs can be replaced. Additionally, the bill clarifies the definition of "victim" in the context of motorcycle collisions, explicitly excluding individuals under the influence of alcohol or controlled substances at the time of the incident. It also mandates the development of motorcyclist safety messages for memorial signs.

Furthermore, the bill stipulates that TxDOT is responsible for repairing and maintaining markers but introduces a limitation on repairs or replacements after ten years from the effective date of the provision requiring the marker, unless funding is provided through grants or donations. The Texas Transportation Commission is tasked with adopting necessary rules by December 1, 2025, and TxDOT is given until March 1, 2026, to comply with the new regulations. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Transportation Code 201.909 (Transportation Code 201)
House Committee Report: Transportation Code 201.909, Transportation Code 201.911, Transportation Code 225.021 (Transportation Code 201, Transportation Code 225)