80R4094 CAE-D
 
  By: Cook of Colorado H.B. No. 1211
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to vehicles passing certain stationary vehicles engaged in
the delivery of United States mail on a highway; providing a
penalty.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter D, Chapter 545, Transportation Code,
is amended by adding Section 545.158 to read as follows:
       Sec. 545.158.  PASSING POST OFFICE DELIVERY VEHICLE. (a) On
approaching a stationary vehicle clearly marked as a United States
mail delivery vehicle that is engaged in delivery of United States
mail, an operator, unless otherwise directed by a police officer,
shall:
             (1)  vacate the lane closest to the delivery vehicle
when driving on a highway with two or more lanes traveling in the
direction of the delivery 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 2.  This Act takes effect September 1, 2007.