78R11445 MTB-F


By:  Barrientos, et al.                                           S.B. No. 193

Substitute the following for S.B. No. 193:                                    

By:  Hamric                                                   C.S.S.B. No. 193



A BILL TO BE ENTITLED

AN ACT

relating to vehicles passing certain stationary emergency vehicles 
on a highway; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  This Act may be cited as the Move Over Act.                        
	SECTION 2.  Subchapter D, Chapter 545, Transportation Code, 
is amended by adding Section 545.157 to read as follows:
	Sec. 545.157.  PASSING AUTHORIZED EMERGENCY VEHICLE.  (a)  
On approaching a stationary authorized emergency vehicle using 
visual signals that meet the requirements of Sections 547.305 and 
547.702, an operator, unless otherwise directed by a police 
officer, shall:
		(1)  vacate the lane closest to the emergency vehicle 
when driving on a highway with two or more lanes traveling in the 
direction of the emergency vehicle; or
		(2)  slow to a speed not to exceed:                                    
			(A)  20 miles per hour less than the posted speed 
limit when the posted speed limit is 25 miles per hour or more; or
			(B)  five miles per hour when the posted speed 
limit is less than 25 miles per hour.
	(b)  A violation of this section is:                                    
		(1)  a misdemeanor punishable under Section 542.401;                   
		(2)  a misdemeanor punishable by a fine of $500 if the 
violation results in property damage; or
		(3)  a Class B misdemeanor if the violation results in 
bodily injury.
	(c)  If conduct constituting an offense under this section 
also constitutes an offense under another section of this code or 
the Penal Code, the actor may be prosecuted under either section or 
under both sections.
	SECTION 3.  This Act takes effect September 1, 2003.