Bill Text: TX HB378 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to stationary tow trucks on a highway; providing a penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB378 Detail]
Download: Texas-2011-HB378-Enrolled.html
| H.B. No. 378 | ||
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| relating to stationary tow trucks on a highway; providing a | ||
| penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 545.157, Transportation Code, is amended | ||
| by amending Subsection (a) and adding Subsection (d) to read as | ||
| follows: | ||
| (a) On approaching a stationary authorized emergency | ||
| vehicle using visual signals that meet the requirements of Sections | ||
| 547.305 and 547.702, or a stationary tow truck using equipment | ||
| authorized by Section 547.305(d), 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. | ||
| (d) In this section, "tow truck" means a vehicle that: | ||
| (1) has been issued a permit under Subchapter C, | ||
| Chapter 2308, Occupations Code; and | ||
| (2) is operated by a person licensed under Subchapter | ||
| D, Chapter 2308, Occupations Code. | ||
| 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; [ |
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| (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(d), | ||
| that is performing towing duties under Chapter 2308, Occupations | ||
| Code. | ||
| SECTION 3. Section 547.305(a), Transportation Code, is | ||
| amended to read as follows: | ||
| (a) A motor vehicle lamp or illuminating device, other than | ||
| a headlamp, spotlamp, auxiliary lamp, turn signal lamp, or | ||
| emergency vehicle, tow truck, or school bus warning lamp, that | ||
| projects a beam with an intensity brighter than 300 candlepower | ||
| shall be directed so that no part of the high-intensity portion of | ||
| the beam strikes the roadway at a distance of more than 75 feet from | ||
| the vehicle. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 378 was passed by the House on March | ||
| 30, 2011, by the following vote: Yeas 146, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 378 on May 23, 2011, by the following vote: Yeas 141, Nays 0, 2 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 378 was passed by the Senate, with | ||
| amendments, on May 19, 2011, by the following vote: Yeas 30, Nays | ||
| 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
