Texas 2019 - 86th Regular

Texas House Bill HB61 Compare Versions

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1-H.B. No. 61
1+By: White (Senate Sponsor - Nichols) H.B. No. 61
2+ (In the Senate - Received from the House April 1, 2019;
3+ April 2, 2019, read first time and referred to Committee on
4+ Transportation; April 11, 2019, reported adversely, with favorable
5+ Committee Substitute by the following vote: Yeas 9, Nays 0;
6+ April 11, 2019, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 61 By: Nichols
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310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to highway maintenance or construction vehicles, certain
614 service vehicles, and escort flag vehicles, including the use of
715 certain lighting equipment on those vehicles.
816 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
917 SECTION 1. Section 545.157(a), Transportation Code, is
1018 amended to read as follows:
1119 (a) This section applies only to the following vehicles:
1220 (1) a stationary authorized emergency vehicle using
1321 visual signals that meet the requirements of Sections 547.305 and
1422 547.702;
1523 (2) a stationary tow truck using equipment authorized
1624 by Section 547.305(d); [and]
1725 (3) a Texas Department of Transportation vehicle or a
1826 highway maintenance or construction vehicle operated pursuant to a
1927 contract awarded under Subchapter A, Chapter 223, not separated
2028 from the roadway by a traffic control channelizing device and using
2129 visual signals that comply with the standards and specifications
2230 adopted under Section 547.105;
2331 (4) a service vehicle used by or for a utility, as
2432 defined by Section 203.091, and using visual signals that comply
2533 with the standards and specifications adopted under Section
2634 547.105; and
2735 (5) a stationary vehicle used exclusively to transport
2836 municipal solid waste, as defined by Section 361.003, Health and
2937 Safety Code, or recyclable material, as defined by Section 361.421,
3038 Health and Safety Code, while being operated in connection with the
3139 removal or transportation of municipal solid waste or recyclable
3240 material from a location adjacent to the highway.
3341 SECTION 2. Section 547.001(2-b), Transportation Code, is
3442 amended to read as follows:
3543 (2-b) "Highway maintenance or construction vehicle"
3644 means a highway or traffic maintenance or construction vehicle
3745 designated by the Texas Department of Transportation. The term
3846 includes equipment for:
3947 (A) road maintenance or construction, including:
4048 (i) equipment for snow removal, line
4149 striping, skid resistance testing, sweeping, [and] spraying,
4250 guardrail repair, sign maintenance, and temporary traffic-control
4351 device placement or removal;
4452 (ii) aerial platform lift machines; and
4553 (iii) road profiler machines; and
4654 (B) road construction or off-road use, including
4755 motor graders, road rollers, excavators, pneumatic tire equipment,
4856 movers, and tractors.
4957 SECTION 3. The heading to Section 547.105, Transportation
5058 Code, is amended to read as follows:
5159 Sec. 547.105. [MAINTENANCE AND SERVICE VEHICLE] LIGHTING
5260 STANDARDS FOR CERTAIN VEHICLES.
5361 SECTION 4. Sections 547.105(a) and (b), Transportation
5462 Code, are amended to read as follows:
5563 (a) The Texas Department of Transportation shall adopt
5664 standards and specifications that:
5765 (1) apply to lamps on highway maintenance or
5866 construction vehicles and service vehicles; and
5967 (2) correlate with and conform as closely as possible
6068 to standards and specifications approved by the American
6169 Association of State Highway and Transportation Officials.
6270 (b) The Texas Department of Transportation may adopt
6371 standards and specifications for lighting that permit the use of
6472 flashing lights for identification purposes on highway maintenance
6573 or construction vehicles and service vehicles.
6674 SECTION 5. Section 547.305, Transportation Code, is amended
6775 by amending Subsections (e) and (f) and adding Subsections (e-3)
6876 and (e-4) to read as follows:
6977 (e) A person may not operate a highway maintenance or
7078 construction vehicle or service vehicle that is not equipped with
7179 lamps or that does not display lighted lamps as required by the
7280 standards and specifications adopted by the Texas Department of
7381 Transportation.
7482 (e-3) An escort flag vehicle may be equipped with
7583 alternating or flashing blue and amber lights.
7684 (e-4) A vehicle described by Section 545.157(a) may be
7785 equipped with flashing blue lights.
7886 (f) In this section:
7987 (1) "Escort flag vehicle" means a vehicle that
8088 precedes or follows an oversize or overweight vehicle described by
8189 Subtitle E for the purpose of facilitating the safe movement of the
8290 oversize or overweight vehicle over roads.
8391 (2) "Security patrol vehicle" means a motor vehicle
8492 being used for the purpose of providing security services by:
8593 (A) a guard company described by Section
8694 1702.108, Occupations Code; or
8795 (B) a security officer as defined by Section
8896 1702.002, Occupations Code.
8997 (3) [(2)] "Tow truck" means a motor vehicle or
9098 mechanical device that is adapted or used to tow, winch, or move a
9199 disabled vehicle.
92100 SECTION 6. As soon as practicable after the effective date
93101 of this Act, the Texas Department of Transportation shall adopt
94102 standards and specifications relating to lamps and lighting on
95103 highway construction vehicles, as required by Section 547.105,
96104 Transportation Code, as amended by this Act.
97105 SECTION 7. This Act takes effect September 1, 2019.
98- ______________________________ ______________________________
99- President of the Senate Speaker of the House
100- I certify that H.B. No. 61 was passed by the House on March
101- 27, 2019, by the following vote: Yeas 143, Nays 4, 1 present, not
102- voting; and that the House concurred in Senate amendments to H.B.
103- No. 61 on April 29, 2019, by the following vote: Yeas 139, Nays 0,
104- 2 present, not voting.
105- ______________________________
106- Chief Clerk of the House
107- I certify that H.B. No. 61 was passed by the Senate, with
108- amendments, on April 17, 2019, by the following vote: Yeas 31,
109- Nays 0.
110- ______________________________
111- Secretary of the Senate
112- APPROVED: __________________
113- Date
114- __________________
115- Governor
106+ * * * * *