Texas 2019 - 86th Regular

Texas House Bill HB1770 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Martinez, Sheffield, Guillen H.B. No. 1770
	1	+	86R4459 AAF-D
	2	+	By: Martinez, Sheffield H.B. No. 1770
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6		-	relating to regulation and liability of certain vehicles on a
7		-	highway; increasing a criminal penalty.
	7	+	relating to the offense of passing certain vehicles on a highway.
8	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Section 545.157, Transportation Code, is amended
10		-	by amending Subsections (a) and (c) and adding Subsection (c-1) to
11		-	read as follows:
	9	+	SECTION 1. Section 545.157(a), Transportation Code, is
	10	+	amended to read as follows:
12	11		(a) This section applies only to the following vehicles:
13	12		(1) a stationary authorized emergency vehicle using
14	13		visual signals that meet the requirements of Sections 547.305 and
15	14		547.702;
16		-	(2) a [stationary] tow truck performing towing duties
17		-	under Chapter 2308, Occupations Code, and using equipment
18		-	authorized by Section 547.305(d); [and]
	15	+	(2) a stationary tow truck using equipment authorized
	16	+	by Section 547.305(d); [and]
19	17		(3) a Texas Department of Transportation vehicle not
20	18		separated from the roadway by a traffic control channelizing device
21	19		and using visual signals that comply with the standards and
22	20		specifications adopted under Section 547.105; and
23	21		(4) a service vehicle used in the maintenance of an
24	22		electrical power line and using visual signals that comply with the
25	23		standards and specifications adopted under Section 547.105.
26		-	(c) A person who violates Subsection (b) commits an offense.
27		-	An offense under [violation of] this subsection [section] is[:
28		-	[(1)] a misdemeanor punishable by a fine of not less
29		-	than $250 or more than $500, except that the offense is:
30		-	(1) [under Section 542.401;
31		-	[(2)] a misdemeanor punishable by a fine of not less
32		-	than $500 or more than $1,000 if the violation results in property
33		-	damage; or
34		-	(2) [(3)] a Class B misdemeanor if the violation
35		-	results in bodily injury.
36		-	(c-1) On conviction of an offense under this section, the
37		-	court shall require the person to complete a driving safety course
38		-	approved under Chapter 1001, Education Code.
39		-	SECTION 2. Section 545.3051(e), Transportation Code, is
40		-	amended to read as follows:
41		-	(e) Notwithstanding any other provision of law, an
42		-	authority, [or] a law enforcement agency, or a towing company
43		-	performing towing duties under Chapter 2308, Occupations Code,
44		-	authorized by an authority or law enforcement agency is not liable
45		-	for:
46		-	(1) any damage to personal property removed from a
47		-	roadway or right-of-way under this section, unless the removal is
48		-	carried out recklessly or in a grossly negligent manner; or
49		-	(2) any damage resulting from the failure to exercise
50		-	the authority granted by this section.
51		-	SECTION 3. The changes in law made by this Act apply only to
52		-	an offense committed on or after the effective date of this Act. An
53		-	offense committed before the effective date of this Act is governed
54		-	by the law in effect on the date the offense was committed, and the
55		-	former law is continued in effect for that purpose. For purposes of
56		-	this section, an offense was committed before the effective date of
57		-	this Act if any element of the offense occurred before that date.
58		-	SECTION 4. This Act takes effect September 1, 2019.
	24	+	SECTION 2. This Act takes effect September 1, 2019.