82R3337 VOO-F
 
  By: Guillen H.B. No. 378
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to stationary tow trucks on a highway; providing a
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 545.157, Transportation Code, is amended
  by amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  On approaching a stationary authorized emergency
  vehicle using visual signals that meet the requirements of Sections
  547.305 and 547.702, or a stationary tow truck using equipment
  authorized by Section 547.305(d), an operator, unless otherwise
  directed by a police officer, shall:
               (1)  vacate the lane closest to the emergency vehicle
  or tow truck when driving on a highway with two or more lanes
  traveling in the direction of the emergency vehicle or tow truck; 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.
         (d)  In this section, "tow truck" means a vehicle that:
               (1)  has been issued a permit under Subchapter C,
  Chapter 2308, Occupations Code; and
               (2)  is operated by a person licensed under Subchapter
  D, Chapter 2308, Occupations Code.
         SECTION 2.  Section 545.301(b), Transportation Code, is
  amended to read as follows:
         (b)  This section does not apply to an operator of:
               (1)  a vehicle that is disabled while on the paved or
  main traveled part of a highway if it is impossible to avoid
  stopping and temporarily leaving the vehicle on the highway; [or]
               (2)  a vehicle used exclusively to transport solid,
  semisolid, or liquid waste operated at the time in connection with
  the removal or transportation of solid, semisolid, or liquid waste
  from a location adjacent to the highway; or
               (3)  a tow truck, as defined by Section 545.157(d).
         SECTION 3.  Section 547.305(a), Transportation Code, is
  amended to read as follows:
         (a)  A motor vehicle lamp or illuminating device, other than
  a headlamp, spotlamp, auxiliary lamp, turn signal lamp, or
  emergency vehicle, tow truck, or school bus warning lamp, that
  projects a beam with an intensity brighter than 300 candlepower
  shall be directed so that no part of the high-intensity portion of
  the beam strikes the roadway at a distance of more than 75 feet from
  the vehicle.
         SECTION 4.  This Act takes effect September 1, 2011.