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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation and liability of certain vehicles on a |
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highway; increasing a criminal 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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by amending Subsections (a) and (c) and adding Subsection (c-1) to |
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read as follows: |
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(a) This section applies only to the following vehicles: |
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(1) a stationary authorized emergency vehicle using |
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visual signals that meet the requirements of Sections 547.305 and |
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547.702; |
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(2) a [stationary] tow truck performing towing duties |
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under Chapter 2308, Occupations Code, and 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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(c) A person who violates Subsection (b) commits an offense. |
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An offense under [violation of] this subsection [section] is[:
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[(1)] a misdemeanor punishable by a fine of not less |
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than $250 or more than $500, except that the offense is: |
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(1) [under Section 542.401;
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[(2)] a misdemeanor punishable by a fine of not less |
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than $500 or more than $1,000 if the violation results in property |
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damage; or |
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(2) [(3)] a Class B misdemeanor if the violation |
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results in bodily injury. |
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(c-1) On conviction of an offense under this section, the |
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court shall require the person to complete a driving safety course |
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approved under Chapter 1001, Education Code. |
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SECTION 2. Section 545.3051(e), Transportation Code, is |
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amended to read as follows: |
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(e) Notwithstanding any other provision of law, an |
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authority, [or] a law enforcement agency, or a towing company |
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performing towing duties under Chapter 2308, Occupations Code, |
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authorized by an authority or law enforcement agency is not liable |
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for: |
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(1) any damage to personal property removed from a |
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roadway or right-of-way under this section, unless the removal is |
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carried out recklessly or in a grossly negligent manner; or |
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(2) any damage resulting from the failure to exercise |
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the authority granted by this section. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2019. |