BILL ANALYSIS

Senate Research Center	H.B. 898
	By: Stucky et al. (Parker)
	Transportation
	5/4/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The Move Over or Slow Down law, which traditionally has required drivers to yield to police, fire, emergency vehicles, and tow trucks, has been expanded over the years to provide the same protections for Texas Department of Transportation (TxDOT) work crews and other roadside workers.  The law requires drivers to move over a lane or slow to 20 mph below the posted speed limit when approaching emergency vehicles, law enforcement, tow trucks, utility service vehicles, TxDOT vehicles, or other construction or maintenance vehicles using visual signals or flashing lights activated on the roadside.

Under current law, drivers who fail to move over or slow down can receive a ticket with a fine up to $200.  If there is a crash that causes injury to any of those protected under the Move Over or Slow Down law, drivers can be fined up to $2,000.

H.B. 898 would amend Section 545.157 of the Transportation Code to change the penalty structure for those who are ticketed for violating the law.  H.B. 898 would also allow the court to suspend a person's driver's license for up to six months if they had been previously convicted of an offense under this section. Additionally, the bill increases the penalty for causing injury to a Class A misdemeanor, which carries possible jail time for an individual convicted for violating the law.  H.B. 898 gives the court the discretion to reduce or discharge all or part of the fine and court costs based on the violator's life situation.

H.B. 898 amends current law relating to the offense of passing certain vehicles on a highway and increases a criminal penalty.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 545.157, Transportation Code, by amending Subsection (c) and adding Subsections (d-1) and (d-2), as follows:

(c) Provides that a person who violates Section 545.157 (Passing Certain Vehicles) commits an offense. Provides that an offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,250, except that the offense is:

(1) a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 for a second or subsequent offense committed within five years of the date on which the most recent preceding offense was committed;

(2) a Class A misdemeanor if the offense results in bodily injury to another; or

(3) a state jail felony for a second or subsequent offense punishable under Subdivision (2).

Deletes existing text providing that a violation of this section is a misdemeanor punishable under Section 542.401 (Reckless Driving; Offense), a misdemeanor punishable by a fine of $500 if the violation results in property damage, or a class B misdemeanor if the violation results in bodily injury.

(d-1) Authorizes the court on conviction to order the person's driver's license to be suspended for a period not to exceed six months if it is shown on the trial of the offense that the person has previously been convicted of an offense under this section.

(d-2) Authorizes the court to require a defendant who fails to pay a previously assessed fine or costs under this section, or who is determined by the court to have insufficient resources or income to pay a fine or costs under this section, to discharge all or part of the fine or costs assessed under this section by performing community service.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2023.