C.S.S.B. 193 78(R)    BILL ANALYSIS


C.S.S.B. 193
By: Barrientos
Transportation
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

CS SB 193 78(R)Currently, under Texas law there are no guidelines or
penalties relating to vehicles passing certain stationary emergency
vehicles on a highway.  The objective of this bill is to prevent injuries
and fatalities during roadside emergencies and traffic stops by mandating
that drivers move over or slow to a safe speed. 


RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly
delegate any additional rulemaking authority to a state officer,
department, agency or institution. 


ANALYSIS

SECTION 1.  Entitles this bill the "Move Over Act."

SECTION 2.  Amends Subchapter D, Chapter 545 of the Transportation Code by
adding Sec. 545.157 as follows: 

Sec. 545.157.  PASSING AUTHORIZED EMERGENCY VEHICLE.  (a)  Requires a
vehicle operator approaching a stationary authorized emergency vehicle
using flashing lights, on a highway with two or more lanes traveling in
the same direction, to vacate the lane closest to the emergency situation
or slow to 20 mph below the speed limit or 5 mph when the posted limit is
less than 25 mph. 

(b)  Establishes that a violation of  this section is a misdemeanor
punishable by a fine of not less than $1 nor more than $200 under Section
542.401.  A violation resulting in property damage is punishable by a fine
of $500.  A violation resulting in bodily injury is a Class B misdemeanor.

(c) Provides that if an offense under this section is also an offense
under another section of the Transportation Code or Penal Code, the actor
may be prosecuted under either or both sections. 

SECTION 3.  Establishes the effective date of September 1, 2003.


EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

SB 193 does not cite a title of the bill.  C.S. SB 193 entitles the bill,
"Move Over Act." 

SB 193 uses more subjective language--"if possible to do so safely under
the traffic conditions"-- when  establishing that a vehicle operator must
vacate the closest lane to the emergency vehicle.   
C.S. SB 193 strikes this language to establish a more objective
requirement for the vehicle operator. 

SB 193 establishes that speed should be reduced and a safe speed
maintained if vacating a lane is impossible.  CSSB 193 specifies the exact
amount speed should be reduced for purposes of enforcement. 

SB 193 provides that a violation is a misdemeanor punishable by fine under
Section 542.401 of the Transportation Code.  A violation resulting in
property damage is a Class B misdemeanor and a violation resulting in
bodily injury is a Class A misdemeanor. 

The committee substitute is the same in that a violation results in a
misdemeanor under Section 542.401. The substitute establishes that a
violation resulting in property damage is a misdemeanor punishable by a
fine of $500.  A  violation resulting in bodily injury is a Class B
misdemeanor.