545.107. 974 (H.B. STREETCAR APPROACHED BY AUTHORIZED EMERGENCY VEHICLE. Added by Acts 2011, 82nd Leg., R.S., Ch. 240 (H.B. (5) the operator is required to stop by: (C) an official traffic-control device; or. (e) On request of the governing body of a school or institution of higher education following a public hearing held under this section, the commissioners court, municipal governing body, or Texas Transportation Commission, as applicable, shall conduct an engineering and traffic investigation for the highway or road that is the subject of the request. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. 1899), Sec. Sec. (e) The commission, in conducting the engineering and traffic investigation specified by Subsection (a), shall follow the "Procedure for Establishing Speed Zones" as adopted by the commission. Restrictions on Use of Lights on Westlaw. (2) "Highway" means a public highway that: (A) is in the designated state highway system; (B) is designated a controlled access facility; and. 79, Sec. June 18, 2003; Acts 2003, 78th Leg., ch. September 1, 2019. (a) An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless: (1) the operator is passing another vehicle; (2) an obstruction necessitates moving the vehicle left of the center of the roadway and the operator yields the right-of-way to a vehicle that: (A) is moving in the proper direction on the unobstructed portion of the roadway; and, (3) the operator is on a roadway divided into three marked lanes for traffic; or. 1, eff. (B) where pedestrians are not permitted to cross the roadway. VEHICLES CARRYING EXPLOSIVE SUBSTANCES OR FLAMMABLE LIQUIDS. (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); (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. 3871), Sec. Acts 1995, 74th Leg., ch. (b-3) A sign posted under Subsection (b-2)(1) must be readable to an operator traveling at the applicable speed limit. 2, eff. That means cyclists must follow the same rules of the road as cars, with a few exceptions as designated in the Texas Transportation Code. Sept. 1, 2001. 1, eff. 2.07, eff. (b) An operator passing another vehicle shall return to an authorized lane of travel: (1) before coming within 200 feet of an approaching vehicle, if a lane authorized for vehicles approaching from the opposite direction is used in passing; or otherwise. (a) In this section: (A) a metropolitan rapid transit authority operating under Chapter 451; or. Sec. (3) “Flammable liquid” means a liquid that has a flash point of not more than 70 degrees Fahrenheit as determined by a tagliabue or equivalent closed-cup test device. 1061, Sec. (3) to stop or decrease speed, extend hand and arm downward. 1042, Sec. Added by Acts 2003, 78th Leg., ch. PERSON RIDING IN TRAILER OR SEMITRAILER DRAWN BY TRUCK, ROAD TRACTOR, OR TRUCK TRACTOR. Acts 2011, 82nd Leg., R.S., Ch. 661 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 19 (H.B. Firefox, or (C) in a hayride permitted by the governing body of or a law enforcement agency of each county or municipality in which the hayride will occur; (2) the person operating or towing the vehicle did not know that another person occupied the trailer or semitrailer; or. 1101 (H.B. September 1, 2019. September 1, 2011. (a) An operator on a highway, when approaching from either direction a school bus stopped on the highway to receive or discharge a student: (1) shall stop before reaching the school bus when the bus is operating a visual signal as required by Section 547.701; and, (B) the operator is signaled by the bus driver to proceed; or. Sept. 1, 2003. Sec. If a flagger is provided by the railroad, the operator shall move the vehicle or equipment over the crossing at the flagger's direction. Sept. 1, 1995. (a) A peace officer listed under Article 2.12, Code of Criminal Procedure, or a license and weight inspector of the department may remove or require the operator or a person in charge of a vehicle to move a vehicle from a highway if the vehicle: (1) is unattended on a bridge, viaduct, or causeway or in a tube or tunnel and the vehicle is obstructing traffic; (2) is unlawfully parked and blocking the entrance to a private driveway; (4) is identified as having been stolen in a warrant issued on the filing of a complaint; (5) is unattended and the officer has reasonable grounds to believe that the vehicle has been abandoned for longer than 48 hours; (6) is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle is: (A) incapacitated and unable to provide for the vehicle's removal or custody; or. (b) An operator of a vehicle required by Subsection (a) to stop shall remain stopped until permitted to proceed and it is safe to proceed. Sec. CONFIDENTIALITY OF VIOLATION INFORMATION: FUEL CONSERVATION SPEED LIMIT. Description. (h-1) Notwithstanding Section 545.352(b), the commission may establish a speed limit of 80 miles per hour on a part of Interstate Highway 10 or Interstate Highway 20 in Crockett, Culberson, Hudspeth, Jeff Davis, Kerr, Kimble, Pecos, Reeves, Sutton, or Ward County if the commission determines that 80 miles per hour is a reasonable and safe speed for that part of the highway. (d) The executive director or the executive director's designee may rescind a lane restriction imposed under this section at any time that the executive director or the executive director's designee determines that the restriction is no longer necessary to improve safety. Sec. (b) For purposes of this section, a person: (1) has notice if a sign stating the prohibited activity and penalty is posted on the premises; or. (f) The authority, in conducting the engineering and traffic investigation specified by Subsection (a), shall follow the procedure for establishing speed zones adopted by the Texas Department of Transportation. (d) This section does not apply at a railway grade crossing in a business or residence district. 1, eff. (g) If conduct constituting an offense under this section also constitutes an offense under any other law, the person may be prosecuted under this section, the other law, or both. Sept. 1, 1995. Sept. 1, 2001; Acts 2003, 78th Leg., ch. A person may not: (1) open the door of a motor vehicle on the side available to moving traffic, unless the door may be opened in reasonable safety without interfering with the movement of other traffic; or. Added by Acts 2007, 80th Leg., R.S., Ch. (d) An operator of a vehicle or equipment may not cross a railroad grade crossing when warning of the immediate approach of a railroad car or train is given by automatic signal, crossing gates, a flagger, or otherwise. (d) Official traffic-control devices prohibiting the changing of lanes on sections of roadway may be installed. 2, eff. To accomplish this purpose, the governmental entities shall request the cooperation of all news media in the state. (d) The Texas Department of Transportation, on a highway under the jurisdiction of that department, may place signs prohibiting or restricting the stopping, standing, or parking of a vehicle on the highway where the director of the Texas Department of Transportation determines that stopping, standing, or parking is dangerous to, or would unduly interfere with, the free movement of traffic on the highway. Acts 1995, 74th Leg., ch. (f) The department's executive director or the executive director's designee may suspend or rescind approval under this section for one or more of the following reasons: (g) The department shall erect and maintain official traffic-control devices necessary to implement and enforce an order issued and approved under this section. (b-3) The governing body of a municipality with a population of 2,000 or less, for a highway or a part of a highway in the municipality that is a one-lane highway used for two-way access and that is not an officially designated or marked highway or road of the state highway system, may declare a lower speed limit of not less than 10 miles per hour, if the governing body determines that the prima facie speed limit on the highway is unreasonable or unsafe. (c) The residents of a residential subdivision may petition a county or municipality in which the subdivision is located for the posting of signs prohibiting the overnight parking of a commercial motor vehicle in the subdivision or on a street adjacent to the subdivision and within 1,000 feet of the property line of a residence, school, place of worship, or park. Amended by Acts 2003, 78th Leg., ch. Acts 1995, 74th Leg., ch. 1358 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (a) A person may not operate a school bus if: (1) the door of the school bus is open; or. 1, eff. (e) To the extent of any conflict between Subsection (a) or (b) and a municipal ordinance adopted under Section 545.302(g), the ordinance controls. Texas; Transportation Code § 551.104; Texas Transportation Code § 551.104. 1353), Sec. (b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $250. Acts 2019, 86th Leg., R.S., Ch. Sec. PRIMA FACIE SPEED LIMITS. Sec. (f) An operator who is required by this section to stop and yield the right-of-way at an intersection to another vehicle and who is involved in a collision or interferes with other traffic at the intersection to whom right-of-way is to be given is presumed not to have yielded the right-of-way. SUBCHAPTER F. SPECIAL STOPS AND SPEED RESTRICTIONS. 1, eff. Sec. (f) An offense under this section is punishable by a fine of not less than $50 or more than $200. If i fought this in court and the judge was to ask, "why would he give you this ticket when you had headlights?" 165, Sec. (e) The Texas Transportation Commission or a local authority, with respect to a highway in its jurisdiction, may: (1) authorize the placement of an official traffic-control device in or adjacent to an intersection; and. (2) the distance from the center of the top of the steering post to the rear limit of the body or load, including the body or load of a combination of vehicles, is more than 14 feet. The chairman of the Texas Transportation Commission and the chairman of the State Board of Education shall provide assistance and information relevant to consideration of speed limits to commissioners courts, municipal governing bodies, and other interested persons. 20.020, eff. 545.305. 1, eff. An operator may not drive on or from a limited-access or controlled-access roadway except at an entrance or exit that is established by a public authority. (a) (1) In this section, "authority" means a regional tollway authority governed by Chapter 366. 1294), Sec. (c) Each headlamp shall be mounted at a height from 24 to 54 inches. 920, Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 165, Sec. OPERATION OF VEHICLE WITH INSUFFICIENT UNDERCARRIAGE CLEARANCE. 1518, Sec. This subsection does not apply to a funeral procession. 913 (H.B. Sec. (e) A person commits an offense if the person parks a commercial motor vehicle in violation of Subsection (b). Transp. (j) A change in speed limits under this section is effective until the commission makes a finding that the conditions in Subsection (c) require or authorize an additional change in those speed limits or in the highway or sections of highway to which those speed limits apply. 1372), Sec. (b) The commission by order may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway. 882 (H.B. (a) A person commits an offense if the person operates a motor vehicle on a highway or street when a child younger than 18 years of age is occupying a boat or personal watercraft being drawn by the motor vehicle. Sept. 1, 1999; Acts 2001, 77th Leg., ch. In this chapter: (1) "Pass" or "passing" used in reference to a vehicle means to overtake and proceed past another vehicle moving in the same direction as the passing vehicle or to attempt that maneuver. (2) another reasonable and safe speed because of wet or inclement weather. Acts 2013, 83rd Leg., R.S., Ch. (7) the person is the operator of or a passenger in a vehicle used exclusively to transport solid waste and performing duties that require frequent entry into and exit from the vehicle. (d) Unless the owner of the reported vehicle believes that to provide the peace officer with the name and address of the individual operating the vehicle at the time of the violation alleged would incriminate the owner, the owner shall, to the best of the owner's ability, disclose that individual's name and address. 1201), Sec. (2) establish a speed limit of more than 75 miles per hour. September 1, 2007. I have headlights, they just weren't turned on. Added by Acts 2019, 86th Leg., R.S., Ch. Acts 1995, 74th Leg., ch. 910, Sec. (g) Repealed by Acts 2003, 78th Leg., ch. (2) away from a curb a distance that is unlawful under Section 545.303. (2) allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section 545.412(a) to ride in the vehicle without requiring the child to be secured by a safety belt, provided the child is occupying a seat that is equipped with a safety belt. Sec. (1) an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or. 1, eff. Google Chrome, (c) It is an exception to Subsection (a) if a nonprofit organization erects a temporary structure at a rest area to provide food services, food, or beverages to travelers and the Texas Department of Transportation: (1) finds that the services would constitute a public service for the benefit of the traveling public; and. 545.412. (a) Unless otherwise provided by this subchapter, the following are governed exclusively by this subchapter: (1) automated motor vehicles, including any commercial use or operation of automated motor vehicles; and. (2) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 U.S.C. September 1, 2005. (b) Unless directed to proceed by a police officer or official traffic-control device, an operator approaching an intersection on a roadway controlled by a stop sign, after stopping as required by Section 544.010, shall yield the right-of-way to a vehicle that has entered the intersection from another highway or that is approaching so closely as to be an immediate hazard to the operator's movement in or across the intersection. Sept. 1, 2003. 1, eff. 8.01, eff. MOVING THE VEHICLE OF ANOTHER; UNLAWFUL PARKING. Section 332. (d) An offense under this section is punishable by a fine of not less than $50 or more than $200. STOPPING, STANDING, OR PARKING OUTSIDE A BUSINESS OR RESIDENCE DISTRICT. 1, eff. (2) show the proper method to attach safety chains between the trailer, semitrailer, house trailer, or drawn motor vehicle and the drawing vehicle. 1, eff. (b) It is a defense to prosecution under this section that: (1) the person was operating or towing the vehicle: (B) to transport farmworkers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality; or. Acts 2009, 81st Leg., R.S., Ch. 4, eff. (f) Notwithstanding Subsection (e), an offense under this section is a Class A misdemeanor punishable by a fine not to exceed $4,000 and confinement in jail for a term not to exceed one year if it is shown on the trial of the offense that the defendant caused the death or serious bodily injury of another person. USE OF WIRELESS COMMUNICATION DEVICE ON SCHOOL PROPERTY; OFFENSE. A commanding officer may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour. 4, eff. Sec. 165, Sec. For more detailed codes research information, including annotations and citations, please visit Westlaw. (3) the number of vehicular accidents that resulted in injury or death and were attributable to speed limit violations on the highway or part of the highway. (2) “Explosive” means a chemical compound or mechanical mixture that: (A) is commonly intended for use or used to produce an explosion; and. Amended by Acts 1997, 75th Leg., ch. (h) A temporary speed limit established under this section is effective until the designated official under Subsection (a) or (b): (1) finds that the vehicular accident reconstruction is complete; and. (c) It is a defense to prosecution under this section that the person was: (1) operating or towing the vehicle in a parade or in an emergency; (2) operating the vehicle to transport farmworkers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality; (4) operating a vehicle that is the only vehicle owned or operated by the members of a household; or. (2) in a manner similar to using a two-way radio. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. (2) "Wireless communication device" has the meaning assigned by Section 545.425. (b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $200. 1353), Sec. (a) A person may not operate a truck, road tractor, or truck tractor when another person occupies a trailer or semitrailer being drawn by the truck, road tractor, or truck tractor. 545.425. Acts 2013, 83rd Leg., R.S., Ch. 165, Sec. (c) It is an affirmative defense to prosecution of an offense under this section that the operator used a portable wireless communication device: (1) in conjunction with a hands-free device, as defined by Section 545.425; (2) to navigate using a global positioning system or navigation system; (3) to report illegal activity, summon emergency help, or enter information into a software application that provides information relating to traffic and road conditions to users of the application; (4) to read an electronic message that the person reasonably believed concerned an emergency; (5) that was permanently or temporarily affixed to the vehicle to relay information in the course of the operator's occupational duties between the operator and: (B) a digital network or software application service; or. Have separate roadways if the highway capacity for the period beginning one-half hour before sunrise of AGE only. 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