83R3484 JRR-F
  By: Martinez, McClendon H.B. No. 1380
  relating to passing certain vehicles on a highway; providing a
         SECTION 1.  Section 545.157, Transportation Code, is amended
  to read as follows:
  EMERGENCY VEHICLE]. (a) This section applies only to the following
               (1)  [On approaching] a stationary authorized
  emergency vehicle using visual signals that meet the requirements
  of Sections 547.305 and 547.702;
               (2)  [, or] a stationary tow truck using equipment
  authorized by Section 547.305(d); and
               (3)  a Texas Department of Transportation vehicle not
  separated from the roadway by a traffic control channelizing device
  and using visual signals that comply with the standards and
  specifications adopted under Section 547.105.
         (b)  On approaching a vehicle described by Subsection (a), 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.
         (c) [(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.
         (d) [(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.
         (e) [(d)]  In this section:
               (1)  "Tow[, "tow] truck" means a vehicle that:
                     (A) [(1)]  has been issued a permit under
  Subchapter C, Chapter 2308, Occupations Code; and
                     (B) [(2)]  is operated by a person licensed under
  Subchapter D, Chapter 2308, Occupations Code.
               (2)  "Traffic control channelizing device" means
  equipment used to warn and alert drivers of conditions created by
  work activities in or near the traveled way, to protect workers in a
  temporary traffic control zone, and to guide drivers and
  pedestrians safely. The term includes a traffic cone, tubular
  marker, vertical panel, drum, barricade, temporary raised island,
  concrete or cable barrier, guardrail, or channelizer.
         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;
               (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(e)
  [545.157(d)], that is performing towing duties under Chapter 2308,
  Occupations Code.
         SECTION 3.  This Act takes effect September 1, 2013.