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A BILL TO BE ENTITLED
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AN ACT
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relating to the parking of construction equipment and certain motor |
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vehicles; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 545, Transportation Code, |
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is amended by adding Section 545.309 to read as follows: |
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Sec. 545.309. PARKING CONSTRUCTION EQUIPMENT AND CERTAIN |
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VEHICLES; OFFENSE. (a) This section applies to: |
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(1) construction equipment; and |
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(2) a motor vehicle, other than a light truck or |
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passenger car, used in connection with a construction project. |
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(b) This section applies only to a highway with a posted |
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speed limit of more than 35 miles per hour. |
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(c) This section does not apply to residential construction |
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of a one or two family dwelling. |
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(d) A person commits an offense if: |
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(1) the person parks a motor vehicle or construction |
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equipment within 30 feet of the nearest edge of a roadway during a |
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period in which construction for which the equipment or vehicle is |
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normally used is not occurring in the adjacent area; and |
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(2) the person or a construction worker who normally |
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works on a construction project in the adjacent area for which the |
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equipment or vehicle is normally used is not physically present in |
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that area. |
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(e) An offense under this section is a Class C misdemeanor. |
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(f) It is a defense to prosecution under Subsection (c) |
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that: |
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(1) the person parked the vehicle or equipment at |
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least 10 feet from the nearest edge of the roadway; and |
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(2) a barricade separated the vehicle or equipment |
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from the nearest edge of the roadway. |
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(g) It is a defense to prosecution under Subsection (c) |
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that: |
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(1) the location made it impossible for the person to |
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comply with that subsection; and |
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(2) the person parked the vehicle or equipment in |
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accordance with the Texas Manual on Uniform Traffic Control |
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Devices. |
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SECTION 2. This Act takes effect September 1, 2011. |