BILL ANALYSIS

H.B. 1380

By: Martinez, "Mando"

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, a driver approaching a stationary authorized emergency vehicle using its visual signals or a stationary tow truck using specified equipment is required to reduce speed and 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 that emergency vehicle or tow truck, unless otherwise directed by a police officer. This requirement is intended to protect operators of authorized emergency vehicles and tow trucks and is enforced by making a violation of this requirement a misdemeanor punishable by a fine.

As Texas works to improve and expand the infrastructure of its highways and roads, operators of Texas Department of Transportation (TxDOT) vehicles increasingly are facing the same risks that operators of authorized emergency vehicles and tow trucks face. H.B. 1380 seeks to provide operators of TxDOT vehicles the same protections provided to operators of authorized emergency vehicles and tow trucks.

RULEMAKING AUTHORITY

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

ANALYSIS

H.B. 1380 amends the Transportation Code to make the requirement for a motor vehicle operator, on approaching a stationary emergency vehicle or tow truck, either to vacate the lane closest to the stationary vehicle or to slow to a specified speed unless otherwise directed by a police officer applicable to a motor vehicle operator on approaching a Texas Department of Transportation vehicle that is not separated from the roadway by a traffic control channelizing device as defined by the bill and is using visual signals that comply with applicable standards and specifications for maintenance and service equipment.

EFFECTIVE DATE

September 1, 2013.