H.B. No. 61

AN ACT

relating to highway maintenance or construction vehicles, certain service vehicles, and escort flag vehicles, including the use of certain lighting equipment on those vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 545.157(a), Transportation Code, is amended to read as follows:

(a) This section applies only to the following vehicles:

(1) a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702;

(2) a stationary tow truck using equipment authorized by Section 547.305(d); [and]

(3) a Texas Department of Transportation vehicle or a highway maintenance or construction vehicle operated pursuant to a contract awarded under Subchapter A, Chapter 223, 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;

(4) a service vehicle used by or for a utility, as defined by Section 203.091, and using visual signals that comply with the standards and specifications adopted under Section 547.105; and

(5) a stationary vehicle used exclusively to transport municipal solid waste, as defined by Section 361.003, Health and Safety Code, or recyclable material, as defined by Section 361.421, Health and Safety Code, while being operated in connection with the removal or transportation of municipal solid waste or recyclable material from a location adjacent to the highway.

SECTION 2. Section 547.001(2-b), Transportation Code, is amended to read as follows:

(2-b) "Highway maintenance or construction vehicle" means a highway or traffic maintenance or construction vehicle designated by the Texas Department of Transportation. The term includes equipment for:

(A) road maintenance or construction, including:

(i) equipment for snow removal, line striping, skid resistance testing, sweeping, [and] spraying, guardrail repair, sign maintenance, and temporary traffic-control device placement or removal;

(ii) aerial platform lift machines; and

(iii) road profiler machines; and

(B) road construction or off-road use, including motor graders, road rollers, excavators, pneumatic tire equipment, movers, and tractors.

SECTION 3. The heading to Section 547.105, Transportation Code, is amended to read as follows:

Sec. 547.105. [MAINTENANCE AND SERVICE VEHICLE] LIGHTING STANDARDS FOR CERTAIN VEHICLES.

SECTION 4. Sections 547.105(a) and (b), Transportation Code, are amended to read as follows:

(a) The Texas Department of Transportation shall adopt standards and specifications that:

(1) apply to lamps on highway maintenance or construction vehicles and service vehicles; and

(2) correlate with and conform as closely as possible to standards and specifications approved by the American Association of State Highway and Transportation Officials.

(b) The Texas Department of Transportation may adopt standards and specifications for lighting that permit the use of flashing lights for identification purposes on highway maintenance or construction vehicles and service vehicles.

SECTION 5. Section 547.305, Transportation Code, is amended by amending Subsections (e) and (f) and adding Subsections (e-3) and (e-4) to read as follows:

(e) A person may not operate a highway maintenance or construction vehicle or service vehicle that is not equipped with lamps or that does not display lighted lamps as required by the standards and specifications adopted by the Texas Department of Transportation.

(e-3) An escort flag vehicle may be equipped with alternating or flashing blue and amber lights.

(e-4) A vehicle described by Section 545.157(a) may be equipped with flashing blue lights.

(f) In this section:

(1) "Escort flag vehicle" means a vehicle that precedes or follows an oversize or overweight vehicle described by Subtitle E for the purpose of facilitating the safe movement of the oversize or overweight vehicle over roads.

(2) "Security patrol vehicle" means a motor vehicle being used for the purpose of providing security services by:

(A) a guard company described by Section 1702.108, Occupations Code; or

(B) a security officer as defined by Section 1702.002, Occupations Code.

(3) [(2)] "Tow truck" means a motor vehicle or mechanical device that is adapted or used to tow, winch, or move a disabled vehicle.

SECTION 6. As soon as practicable after the effective date of this Act, the Texas Department of Transportation shall adopt standards and specifications relating to lamps and lighting on highway construction vehicles, as required by Section 547.105, Transportation Code, as amended by this Act.

SECTION 7. This Act takes effect September 1, 2019.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 61 was passed by the House on March 27, 2019, by the following vote: Yeas 143, Nays 4, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 61 on April 29, 2019, by the following vote: Yeas 139, Nays 0, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 61 was passed by the Senate, with amendments, on April 17, 2019, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: __________________

Date

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Governor