By: White (Senate Sponsor - Nichols) H.B. No. 61
(In the Senate - Received from the House April 1, 2019;
April 2, 2019, read first time and referred to Committee on
Transportation; April 11, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
April 11, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 61 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to highway maintenance or construction vehicles, certain
service vehicles, and escort flag vehicles, including the use of
certain lighting equipment on those vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.157(a), Transportation Code, is
amended to read as follows:
(a) This section applies only to the following vehicles:
(1) a stationary authorized emergency vehicle using
visual signals that meet the requirements of Sections 547.305 and
547.702;
(2) a stationary tow truck using equipment authorized
by Section 547.305(d); [and]
(3) a Texas Department of Transportation vehicle or a
highway maintenance or construction vehicle operated pursuant to a
contract awarded under Subchapter A, Chapter 223, not separated
from the roadway by a traffic control channelizing device and using
visual signals that comply with the standards and specifications
adopted under Section 547.105;
(4) a service vehicle used by or for a utility, as
defined by Section 203.091, and using visual signals that comply
with the standards and specifications adopted under Section
547.105; and
(5) a stationary vehicle used exclusively to transport
municipal solid waste, as defined by Section 361.003, Health and
Safety Code, or recyclable material, as defined by Section 361.421,
Health and Safety Code, while being operated in connection with the
removal or transportation of municipal solid waste or recyclable
material from a location adjacent to the highway.
SECTION 2. Section 547.001(2-b), Transportation Code, is
amended to read as follows:
(2-b) "Highway maintenance or construction vehicle"
means a highway or traffic maintenance or construction vehicle
designated by the Texas Department of Transportation. The term
includes equipment for:
(A) road maintenance or construction, including:
(i) equipment for snow removal, line
striping, skid resistance testing, sweeping, [and] spraying,
guardrail repair, sign maintenance, and temporary traffic-control
device placement or removal;
(ii) aerial platform lift machines; and
(iii) road profiler machines; and
(B) road construction or off-road use, including
motor graders, road rollers, excavators, pneumatic tire equipment,
movers, and tractors.
SECTION 3. The heading to Section 547.105, Transportation
Code, is amended to read as follows:
Sec. 547.105. [MAINTENANCE AND SERVICE VEHICLE] LIGHTING
STANDARDS FOR CERTAIN VEHICLES.
SECTION 4. Sections 547.105(a) and (b), Transportation
Code, are amended to read as follows:
(a) The Texas Department of Transportation shall adopt
standards and specifications that:
(1) apply to lamps on highway maintenance or
construction vehicles and service vehicles; and
(2) correlate with and conform as closely as possible
to standards and specifications approved by the American
Association of State Highway and Transportation Officials.
(b) The Texas Department of Transportation may adopt
standards and specifications for lighting that permit the use of
flashing lights for identification purposes on highway maintenance
or construction vehicles and service vehicles.
SECTION 5. Section 547.305, Transportation Code, is amended
by amending Subsections (e) and (f) and adding Subsections (e-3)
and (e-4) to read as follows:
(e) A person may not operate a highway maintenance or
construction vehicle or service vehicle that is not equipped with
lamps or that does not display lighted lamps as required by the
standards and specifications adopted by the Texas Department of
Transportation.
(e-3) An escort flag vehicle may be equipped with
alternating or flashing blue and amber lights.
(e-4) A vehicle described by Section 545.157(a) may be
equipped with flashing blue lights.
(f) In this section:
(1) "Escort flag vehicle" means a vehicle that
precedes or follows an oversize or overweight vehicle described by
Subtitle E for the purpose of facilitating the safe movement of the
oversize or overweight vehicle over roads.
(2) "Security patrol vehicle" means a motor vehicle
being used for the purpose of providing security services by:
(A) a guard company described by Section
1702.108, Occupations Code; or
(B) a security officer as defined by Section
1702.002, Occupations Code.
(3) [(2)] "Tow truck" means a motor vehicle or
mechanical device that is adapted or used to tow, winch, or move a
disabled vehicle.
SECTION 6. As soon as practicable after the effective date
of this Act, the Texas Department of Transportation shall adopt
standards and specifications relating to lamps and lighting on
highway construction vehicles, as required by Section 547.105,
Transportation Code, as amended by this Act.
SECTION 7. This Act takes effect September 1, 2019.
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