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