Texas 2013 - 83rd Regular

Texas House Bill HB1380 Compare Versions

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1	1	83R3484 JRR-F
2	2	By: Martinez, McClendon H.B. No. 1380
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to passing certain vehicles on a highway; providing a
8	8	penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 545.157, Transportation Code, is amended
11	11	to read as follows:
12	12	Sec. 545.157. PASSING CERTAIN VEHICLES [AUTHORIZED
13	13	EMERGENCY VEHICLE]. (a) This section applies only to the following
14	14	vehicles:
15	15	(1) [On approaching] a stationary authorized
16	16	emergency vehicle using visual signals that meet the requirements
17	17	of Sections 547.305 and 547.702;
18	18	(2) [, or] a stationary tow truck using equipment
19	19	authorized by Section 547.305(d); and
20	20	(3) a Texas Department of Transportation vehicle not
21	21	separated from the roadway by a traffic control channelizing device
22	22	and using visual signals that comply with the standards and
23	23	specifications adopted under Section 547.105.
24	24	(b) On approaching a vehicle described by Subsection (a), an
25	25	operator, unless otherwise directed by a police officer, shall:
26	26	(1) vacate the lane closest to the [emergency] vehicle
27	27	[or tow truck] when driving on a highway with two or more lanes
28	28	traveling in the direction of the [emergency] vehicle [or tow
29	29	truck]; or
30	30	(2) slow to a speed not to exceed:
31	31	(A) 20 miles per hour less than the posted speed
32	32	limit when the posted speed limit is 25 miles per hour or more; or
33	33	(B) five miles per hour when the posted speed
34	34	limit is less than 25 miles per hour.
35	35	(c) [(b)] A violation of this section is:
36	36	(1) a misdemeanor punishable under Section 542.401;
37	37	(2) a misdemeanor punishable by a fine of $500 if the
38	38	violation results in property damage; or
39	39	(3) a Class B misdemeanor if the violation results in
40	40	bodily injury.
41	41	(d) [(c)] If conduct constituting an offense under this
42	42	section also constitutes an offense under another section of this
43	43	code or the Penal Code, the actor may be prosecuted under either
44	44	section or under both sections.
45	45	(e) [(d)] In this section:
46	46	(1) "Tow[, "tow] truck" means a vehicle that:
47	47	(A) [(1)] has been issued a permit under
48	48	Subchapter C, Chapter 2308, Occupations Code; and
49	49	(B) [(2)] is operated by a person licensed under
50	50	Subchapter D, Chapter 2308, Occupations Code.
51	51	(2) "Traffic control channelizing device" means
52	52	equipment used to warn and alert drivers of conditions created by
53	53	work activities in or near the traveled way, to protect workers in a
54	54	temporary traffic control zone, and to guide drivers and
55	55	pedestrians safely. The term includes a traffic cone, tubular
56	56	marker, vertical panel, drum, barricade, temporary raised island,
57	57	concrete or cable barrier, guardrail, or channelizer.
58	58	SECTION 2. Section 545.301(b), Transportation Code, is
59	59	amended to read as follows:
60	60	(b) This section does not apply to an operator of:
61	61	(1) a vehicle that is disabled while on the paved or
62	62	main traveled part of a highway if it is impossible to avoid
63	63	stopping and temporarily leaving the vehicle on the highway;
64	64	(2) a vehicle used exclusively to transport solid,
65	65	semisolid, or liquid waste operated at the time in connection with
66	66	the removal or transportation of solid, semisolid, or liquid waste
67	67	from a location adjacent to the highway; or
68	68	(3) a tow truck, as defined by Section 545.157(e)
69	69	[545.157(d)], that is performing towing duties under Chapter 2308,
70	70	Occupations Code.
71	71	SECTION 3. This Act takes effect September 1, 2013.