| 1 | 1 | | 81R12284 JAM-F |
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| 2 | 2 | | By: Jackson H.B. No. 3702 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to vehicles passing stationary tow trucks on a highway; |
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| 8 | 8 | | providing a penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 545.157, Transportation Code, is amended |
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| 11 | 11 | | by amending Subsection (a) and adding Subsection (d) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) On approaching a stationary authorized emergency |
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| 14 | 14 | | vehicle using visual signals that meet the requirements of Sections |
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| 15 | 15 | | 547.305 and 547.702, or a stationary tow truck assisting a stranded |
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| 16 | 16 | | motorist or motor vehicle or otherwise involved in the clearing of |
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| 17 | 17 | | an incident on a highway, an operator, unless otherwise directed by |
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| 18 | 18 | | a police officer, shall: |
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| 19 | 19 | | (1) vacate the lane closest to the emergency vehicle |
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| 20 | 20 | | or tow truck when driving on a highway with two or more lanes |
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| 21 | 21 | | traveling in the direction of the emergency vehicle; or |
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| 22 | 22 | | (2) slow to a speed not to exceed: |
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| 23 | 23 | | (A) 20 miles per hour less than the posted speed |
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| 24 | 24 | | limit when the posted speed limit is 25 miles per hour or more; or |
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| 25 | 25 | | (B) five miles per hour when the posted speed |
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| 26 | 26 | | limit is less than 25 miles per hour. |
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| 27 | 27 | | (d) In this section "tow truck" means a vehicle that: |
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| 28 | 28 | | (1) has been issued a permit under Subchapter C, |
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| 29 | 29 | | Chapter 2308, Occupations Code; and |
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| 30 | 30 | | (2) is operated by a person licensed under Subchapter |
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| 31 | 31 | | D, Chapter 2308, Occupations Code. |
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| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2009. |
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