Texas 2019 - 86th Regular

Texas House Bill HB2837 Compare Versions

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1-H.B. No. 2837
1+By: Canales (Senate Sponsor - Hinojosa) H.B. No. 2837
2+ (In the Senate - Received from the House April 24, 2019;
3+ April 29, 2019, read first time and referred to Committee on
4+ Transportation; May 9, 2019, reported adversely, with favorable
5+ Committee Substitute by the following vote: Yeas 8, Nays 0;
6+ May 9, 2019, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 2837 By: Hinojosa
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to the operation of and equipment for vehicles.
614 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
715 SECTION 1. Section 522.004(a), Transportation Code, is
816 amended to read as follows:
917 (a) This chapter does not apply to:
1018 (1) a vehicle that is controlled and operated by a
1119 farmer and:
1220 (A) used to transport agricultural products,
1321 farm machinery, or farm supplies to or from a farm;
1422 (B) used within 150 miles of the person's farm;
1523 and
1624 (C) not used in the operations of a common or
1725 contract motor carrier;
1826 (2) a fire-fighting or emergency vehicle necessary to
1927 the preservation of life or property or the execution of emergency
2028 governmental functions, whether operated by an employee of a
2129 political subdivision or by a volunteer fire fighter;
2230 (3) a military vehicle or a commercial motor vehicle,
2331 when operated for military purposes by military personnel,
2432 including:
2533 (A) active duty military personnel, including
2634 personnel serving in the United States Coast Guard; and
2735 (B) members of the reserves and national guard on
2836 active duty, including personnel on full-time national guard duty,
2937 personnel engaged in part-time training, and national guard
3038 military technicians;
3139 (4) a recreational vehicle that is driven for personal
3240 use;
3341 (5) a vehicle that is owned, leased, or controlled by
3442 an air carrier, as defined by Section 21.155, and that is driven or
3543 operated exclusively by an employee of the air carrier only on the
3644 premises of an airport, as defined by Section 22.001, on service
3745 roads to which the public does not have access; [or]
3846 (6) a vehicle used exclusively to transport seed
3947 cotton modules or cotton burrs;
4048 (7) a vehicle, including a vehicle described by
4149 Section 504.502(i), that is:
4250 (A) operated intrastate; and
4351 (B) driven by an individual not for compensation
4452 and not in the furtherance of a commercial enterprise; or
4553 (8) a covered farm vehicle as defined by 49 C.F.R.
4654 Section 390.5.
4755 SECTION 2. Section 545.058(c), Transportation Code, is
4856 amended to read as follows:
4957 (c) A limitation in this section on driving on an improved
5058 shoulder does not apply to:
5159 (1) an authorized emergency vehicle responding to a
5260 call;
5361 (2) a police patrol; [or]
5462 (3) a bicycle; or
5563 (4) a slow-moving vehicle, as defined by Section
5664 547.001.
5765 SECTION 3. Section 545.156(a), Transportation Code, is
5866 amended to read as follows:
5967 (a) On the immediate approach of an authorized emergency
6068 vehicle using audible and visual signals that meet the requirements
6169 of Sections 547.305 and 547.702, or of a police vehicle lawfully
6270 using only an audible or visual signal, an operator, unless
6371 otherwise directed by a police officer, shall:
6472 (1) yield the right-of-way;
6573 (2) immediately drive to a position parallel to and as
6674 close as possible to the right-hand edge or curb of the roadway
6775 clear of any intersection; and
6876 (3) stop and remain standing until the authorized
6977 emergency vehicle has passed.
7078 SECTION 4. Section 546.002(b), Transportation Code, is
7179 amended to read as follows:
7280 (b) Sections 546.001(2), (3), and (4) apply [Section
7381 546.001 applies] only when the operator is:
7482 (1) responding to an emergency call;
7583 (2) pursuing an actual or suspected violator of the
7684 law;
7785 (3) responding to but not returning from a fire alarm;
7886 (4) directing or diverting traffic for public safety
7987 purposes; or
8088 (5) conducting a police escort.
8189 SECTION 5. Section 547.405(d), Transportation Code, is
8290 amended to read as follows:
8391 (d) A trailer, semitrailer, or pole trailer that is equipped
8492 with air or vacuum brakes or that has a gross weight heavier than
8593 4,500 [3,000] pounds shall be equipped with brakes that:
8694 (1) operate on all wheels required to have brakes
8795 under Section 547.402; and
8896 (2) are promptly applied automatically and remain
8997 applied for at least 15 minutes in case of a breakaway from the
9098 towing vehicle.
9199 SECTION 6. Section 547.703(a), Transportation Code, is
92100 amended to read as follows:
93101 (a) Except as provided by Subsection (b), a slow-moving
94102 vehicle shall display a slow-moving-vehicle emblem that:
95103 (1) has a reflective surface designed to be clearly
96104 visible in daylight or at night from the light of standard
97105 automobile headlamps at a distance of at least 500 feet;
98106 (2) is mounted base down on the rear of the vehicle and
99107 at a height that does not impair the visibility of the emblem [from
100108 three to five feet above the road surface]; and
101109 (3) is maintained in a clean, reflective condition.
102110 SECTION 7. Section 504.947, Transportation Code, is
103111 repealed.
104112 SECTION 8. The change in law made by this Act applies only
105113 to an offense committed on or after the effective date of this Act.
106114 An offense committed before the effective date of this Act is
107115 governed by the law in effect on the date the offense was committed,
108116 and the former law is continued in effect for that purpose. For
109117 purposes of this section, an offense was committed before the
110118 effective date of this Act if any element of the offense occurred
111119 before that date.
112120 SECTION 9. This Act takes effect September 1, 2019.
113- ______________________________ ______________________________
114- President of the Senate Speaker of the House
115- I certify that H.B. No. 2837 was passed by the House on April
116- 24, 2019, by the following vote: Yeas 146, Nays 0, 1 present, not
117- voting; and that the House concurred in Senate amendments to H.B.
118- No. 2837 on May 22, 2019, by the following vote: Yeas 142, Nays 0,
119- 1 present, not voting.
120- ______________________________
121- Chief Clerk of the House
122- I certify that H.B. No. 2837 was passed by the Senate, with
123- amendments, on May 15, 2019, by the following vote: Yeas 31, Nays
124- 0.
125- ______________________________
126- Secretary of the Senate
127- APPROVED: __________________
128- Date
129- __________________
130- Governor
121+ * * * * *