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A BILL TO BE ENTITLED
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AN ACT
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relating to passing certain vehicles on a highway; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.157, Transportation Code, is amended |
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to read as follows: |
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Sec. 545.157. PASSING CERTAIN VEHICLES [AUTHORIZED
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EMERGENCY VEHICLE]. (a) This section applies only to the following |
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vehicles: |
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(1) [On approaching] a stationary authorized |
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emergency vehicle using visual signals that meet the requirements |
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of Sections 547.305 and 547.702; |
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(2) [, or] a stationary tow truck using equipment |
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authorized by Section 547.305(d); and |
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(3) a Texas Department of Transportation vehicle not |
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separated from the roadway by a traffic control channelizing device |
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and using visual signals that comply with the standards and |
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specifications adopted under Section 547.105. |
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(b) On approaching a vehicle described by Subsection (a), an |
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operator, unless otherwise directed by a police officer, shall: |
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(1) vacate the lane closest to the [emergency] vehicle |
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[or tow truck] when driving on a highway with two or more lanes |
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traveling in the direction of the [emergency] vehicle [or tow
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truck]; or |
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(2) slow to a speed not to exceed: |
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(A) 20 miles per hour less than the posted speed |
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limit when the posted speed limit is 25 miles per hour or more; or |
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(B) five miles per hour when the posted speed |
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limit is less than 25 miles per hour. |
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(c) [(b)] A violation of this section is: |
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(1) a misdemeanor punishable under Section 542.401; |
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(2) a misdemeanor punishable by a fine of $500 if the |
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violation results in property damage; or |
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(3) a Class B misdemeanor if the violation results in |
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bodily injury. |
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(d) [(c)] If conduct constituting an offense under this |
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section also constitutes an offense under another section of this |
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code or the Penal Code, the actor may be prosecuted under either |
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section or under both sections. |
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(e) [(d)] In this section: |
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(1) "Tow[, "tow] truck" means a vehicle that: |
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(A) [(1)] has been issued a permit under |
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Subchapter C, Chapter 2308, Occupations Code; and |
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(B) [(2)] is operated by a person licensed under |
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Subchapter D, Chapter 2308, Occupations Code. |
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(2) "Traffic control channelizing device" means |
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equipment used to warn and alert drivers of conditions created by |
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work activities in or near the traveled way, to protect workers in a |
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temporary traffic control zone, and to guide drivers and |
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pedestrians safely. The term includes a traffic cone, tubular |
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marker, vertical panel, drum, barricade, temporary raised island, |
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concrete or cable barrier, guardrail, or channelizer. |
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SECTION 2. Section 545.301(b), Transportation Code, is |
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amended to read as follows: |
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(b) This section does not apply to an operator of: |
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(1) a vehicle that is disabled while on the paved or |
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main traveled part of a highway if it is impossible to avoid |
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stopping and temporarily leaving the vehicle on the highway; |
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(2) a vehicle used exclusively to transport solid, |
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semisolid, or liquid waste operated at the time in connection with |
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the removal or transportation of solid, semisolid, or liquid waste |
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from a location adjacent to the highway; or |
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(3) a tow truck, as defined by Section 545.157(e) |
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[545.157(d)], that is performing towing duties under Chapter 2308, |
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Occupations Code. |
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SECTION 3. This Act takes effect September 1, 2013. |