(d) It is an affirmative defense to prosecution of an offense under this section that: (1) the wireless communication device was used to make an emergency call to: (A) an emergency response service, including a rescue, emergency medical, or hazardous material response service; (F) an individual to administer first aid treatment; or. (2) remains parked in or adjacent to the subdivision only for the period necessary to complete the transportation or work. September 1, 2007. (f) The commission's authority to alter speed limits applies: (1) to any part of a highway officially designated or marked by the commission as part of the state highway system; and. (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. (2) issues a permit to the organization. (e) The commissioners court of a county with a population of more than 2.8 million may establish from the results of an engineering and traffic investigation a speed limit of not more than 75 miles per hour on any part of a highway of that county that is a limited-access or controlled-access highway, regardless of the location of the part of the highway. This section provides information and. Distracted drivers are being targeted by a new Texas law. Sec. (c) An order may be issued under Subsection (a) only if the commission finds and states in the order that: (1) a severe shortage of motor fuel or other petroleum product exists, the shortage was caused by war, national emergency, or other circumstances, and a reduction of speed limits will foster conservation and safety; or. 1257), Sec. (2) may not accelerate until completely passed by the passing vehicle. 9, eff. (j) The commission may not determine or declare, or agree to determine or declare, a prima facie speed limit for environmental purposes on a part of the highway system. (g) A judge, acting under Article 45.0511, Code of Criminal Procedure, who elects to defer further proceedings and to place a defendant accused of a violation of this section on probation under that article, in lieu of requiring the defendant to complete a driving safety course approved by the Texas Department of Licensing and Regulation, shall require the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course approved by the Texas Department of Licensing and Regulation under Chapter 1001, Education Code, that includes four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts and emphasizes: (1) the effectiveness of child passenger safety seat systems and seat belts in reducing the harm to children being transported in motor vehicles; and. 716 (H.B. The Houston Police Department recently released body cam footage of an officer driving onto the sidewalk during a vehicle pursuit and fatally striking an innocent 62-year-old man. Added by Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. Acts 1995, 74th Leg., ch. 4, eff. 641, Sec. Amended by Acts 2001, 77th Leg., ch. 882 (H.B. A municipality may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 75 miles per hour. Before the 13th day after the date the order is filed in the governor's office, the governor shall conclude the finding of fact, issue a proclamation stating whether the necessary facts exist to support the issuance of the commission's order, and file copies of the order and the proclamation in the office of the secretary of state. 165, Sec. 545.407. 68, eff. (3) "Motor-assisted scooter" has the meaning assigned by Section 551.351. 1257), Sec. 1093), Sec. However, lack of evasive action is only applicable in situations where a driver could have reacted to prevent an accident but chose not to. 739, Sec. (i) If a designated official does not comply with the requirements of Subsection (f)(3) for a vehicular accident reconstruction on a state highway associated with the reconstruction, the Texas Department of Transportation may remove signs and concealments. September 1, 2013. September 1, 2019. September 1, 2021. Acts 2005, 79th Leg., Ch. 3676), Sec. (a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system. CROSSING PROPERTY. 1021 (H.B. 265 (H.B. (e) Before the commission may enter an order establishing a prima facie speed limit, it must hold a public hearing preceded by the publication in at least three newspapers of general circulation in the state of a notice of the date, time, and place of the hearing and of the action proposed to be taken. (b) The executive director or the executive director's designee may restrict a commercial motor vehicle to a specific lane of traffic in a construction or maintenance work zone for a highway that is part of the state highway system if the executive director or the executive director's designee determines that, based on a traffic study performed by the department to evaluate the effect of the restriction, the restriction is necessary to improve safety. 1759), Sec. The ordinance must include rules to ensure the protection of the public and the safe and efficient operation of towing and storage services in the county and may not regulate or restrict the use of lighting equipment more than the extent allowed by state and federal law. (a) In this section: (1) "Electronic message" means data that is read from or entered into a wireless communication device for the purpose of communicating with another person. An operator may not turn the vehicle to move in the opposite direction when approaching a curve or the crest of a grade if the vehicle is not visible to the operator of another vehicle approaching from either direction within 500 feet. 11, eff. Watch Now. Sec. A designated official who intends to temporarily lower a prima facie speed limit at the site of an investigation using vehicular accident reconstruction shall, at least 48 hours before temporary speed limit signs are posted for the vehicular accident reconstruction site, provide to the Texas Department of Transportation notice that includes: (1) the date and time of the accident reconstruction; (2) the location of the accident reconstruction site; (4) the general size of the area affected by the site; and. Amended by Acts 2003, 78th Leg., ch. DRIVING ON MOUNTAIN HIGHWAY. Sept. 1, 1997. Section 332. (b) A person commits an offense if the person: (1) operates a passenger vehicle that is equipped with safety belts; and. (a) This section applies to an offense committed under Section 545.412. VEHICLES CARRYING EXPLOSIVE SUBSTANCES OR FLAMMABLE LIQUIDS. (a) An operator may pass to the right of another vehicle only if conditions permit safely passing to the right and: (1) the vehicle being passed is making or about to make a left turn; and, (A) on a highway having unobstructed pavement not occupied by parked vehicles and sufficient width for two or more lines of moving vehicles in each direction; or. The officer giving the signal must be in uniform and prominently display the officer's badge of office. 15, eff. 1, eff. On review of the results of the investigation, the commissioners court, municipal governing body, or Texas Transportation Commission has the same authority and discretion to alter prima facie speed limits as provided by Section 545.353, 545.355, or 545.356, as applicable. 1831), Sec. 551.104 (b) No Red Reflector or Red Light of Defective Reflector or Red Light on Rear of Bicycle or Moped - Nighttime. 173, Sec. If after conducting the investigation the commission, turnpike authority, or local authority finds that the structure cannot safely withstand vehicles traveling at a speed otherwise permissible under this subtitle, the commission, turnpike authority, or local authority shall: (1) determine and declare the maximum speed of vehicles that the structure can safely withstand; and. (d) An offense under this section is punishable by a fine of not less than $50 or more than $200. 109), Sec. Sec. (2) "Highway" means a public highway that: (A) is in the designated state highway system; (B) is designated a controlled access facility; and. 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. 18, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. The term: (i) operational aspects, including steering, braking, accelerating, and monitoring the vehicle and the roadway; and, (ii) tactical aspects, including responding to events, determining when to change lanes, turning, using signals, and other related actions; and. 669, Sec. 67 (S.B. 3225), Sec. Sept. 1, 1995. (2) may not move back to the right side of the roadway until safely clear of the passed vehicle. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The term includes voice-operated technology and a push-to-talk function. 2, eff. 1, eff. (5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record. Sept. 1, 1999; Acts 1999, 76th Leg., ch. An order entered under this section does not have the effect of increasing a speed limit on any highway. Acts 1995, 74th Leg., ch. An offense under Subsection (b) is a misdemeanor punishable by a fine of not less than $100 or more than $200. Acts 2015, 84th Leg., R.S., Ch. 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. 55), Sec. Explores risk management in medieval and early modern Europe, 545.105. 510), Sec. 1353), Sec. An operator may not turn the vehicle to enter a private road or driveway, otherwise turn the vehicle from a direct course, or move right or left on a roadway unless movement can be made safely. (1) "Interstate highway" means a segment of the national system of interstate and defense highways that is: (B) officially designated by the Texas Transportation Commission; and. 1969), Sec. 165, Sec. (2) show the proper method to attach safety chains between the trailer, semitrailer, house trailer, or drawn motor vehicle and the drawing vehicle. | https://codes.findlaw.com/tx/transportation-code/transp-sect-550-022/. VEHICLE APPROACHED BY AUTHORIZED EMERGENCY VEHICLE. September 1, 2005. Image credit: Screenshot/ KPRC. DEFINITIONS SUBCHAPTER A. (a) An operator approaching a railroad grade crossing shall stop not closer than 15 feet or farther than 50 feet from the nearest rail if: (1) a clearly visible railroad signal warns of the approach of a railroad train or other on-track equipment; (2) a crossing gate is lowered, or a flagger warns of the approach or passage of a train or other on-track equipment; (3) a railroad engine or other on-track equipment approaching within approximately 1,500 feet of the highway crossing emits a signal audible from that distance and the engine or other equipment is an immediate hazard because of its speed or proximity to the crossing; (4) an approaching railroad train or other on-track equipment is plainly visible to the operator and is in hazardous proximity to the crossing; or. Added by Acts 2021, 87th Leg., R.S., Ch. (3) on entering the roadway, yield the right-of-way to an approaching vehicle. (g) For purposes of this section, "wet or inclement weather" means a condition of the roadway that makes driving on the roadway unsafe and hazardous and that is caused by precipitation, including water, ice, and snow. Acts 1995, 74th Leg., ch. (B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time. (2) to the greatest extent practicable, ensure a systems approach to preclude the designation of inconsistent lane restrictions among adjacent municipalities. (2) an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device. (1) before the seventh day after the date a report under this section is filed, initiate an investigation of the alleged violation; and. Added by Acts 1997, 75th Leg., ch. (d) A sign under Subsection (c) may be erected only by or with the consent of the appropriate state or local governmental official. (c) An operator on an unpaved street or roadway approaching an intersection of a paved street or roadway: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle on the paved street or roadway that is within the intersection or approaching the intersection in such proximity as to be a hazard; and. 1, eff. (2) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 U.S.C. 1353), Sec. 11, eff. (3) remove all temporary speed limit signs placed under Subdivision (1) and concealments of other signs placed under Subdivision (2) when the temporary speed limit expires under Subsection (f). (c) An operator of a vehicle who approaches a railroad grade crossing equipped with railroad crossbuck signs without automatic, electric, or mechanical signal devices, crossing gates, or a flagger warning of the approach or passage of a train or other on-track equipment shall yield the right-of-way to a train or other on-track equipment in hazardous proximity to the crossing, and proceed at a speed that is reasonable for the existing conditions. June 20, 2003. The commissioners court may not enforce the restrictions unless: (1) the department's executive director or the executive director's designee has approved the restrictions; and. DUTY OF TEXAS TRANSPORTATION COMMISSION AND STATE BOARD OF EDUCATION TO PROVIDE INFORMATION AND ASSISTANCE. Driver inattention 3. 2, eff. 20.019, eff. VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY. 1518, Sec. Acts 2021, 87th Leg., R.S., Ch. About Transportation. Sec. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. (a) Preferential right-of-way at an intersection may be indicated by a stop sign or yield sign as authorized in Section 544.003. 3190), Sec. Acts 1995, 74th Leg., ch. (2) the person, at the time of the offense: (A) was operating the vehicle while intoxicated, as defined by Section 49.01, Penal Code; or. INTERFERENCE WITH PEACE OFFICER INVESTIGATION OF HIGHWAY RACING OR RECKLESS DRIVING EXHIBITION; CRIMINAL OFFENSE. September 1, 2021. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (1) "Governing body of a school or institution of higher education" means: (A) the board of trustees of the school district in which a public elementary or secondary school is located; (B) the governing body of a private elementary or secondary school; (C) the governing body of an open-enrollment charter school; or. (3) a Class B misdemeanor if the violation results in bodily injury. 5.68(12), eff. The Dallas. The next most cited reason was alcohol and/or drug-related with 916.. OPERATOR. damage or hazard to the vehicle, other traffic, or the roadway. (B) any fallback maneuvers necessary to respond to a failure of the system. Can I Get a Concussion Without Hitting My Head? 165, Sec. (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. AUTHORITY OF MUNICIPALITY OR COUNTY TO TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR ACCIDENT RECONSTRUCTION SITE. Action Date Notice; Texas Admin Code Ch. (d) The owner and any carrier of personal property removed under this section shall reimburse the authority or law enforcement agency for any reasonable cost of removal and disposition of the property. Acts 2021, 87th Leg., R.S., Ch. (3) where the center lane is designated by an official traffic-control device for movement in the direction in which the operator is moving. Text of subsection effective on June 01, 2023. 545.103. Acts 2011, 82nd Leg., R.S., Ch. 1085, Sec. Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2009. 537), Sec. June 18, 1999. Acts 1995, 74th Leg., ch. Read this complete Texas Transportation Code - TRANSP 550.022. 1419, Sec. 1, eff. Amended by Acts 2001, 77th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. to a designated accident investigation site, if available, a location on the frontage Sec. (c) A passenger vehicle or a seat in a passenger vehicle is considered to be equipped with a safety belt if the vehicle is required under Section 547.601 to be equipped with safety belts. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (f) If the commission enters an order under this section, it shall file the order in the office of the governor. The most common contributing factors to the state's fatal crashes in 2018 were speed-related, which was cited in 1,153 crashes. Sec. (a) When an automated driving system installed on a motor vehicle is engaged: (1) the owner of the automated driving system is considered the operator of the automated motor vehicle solely for the purpose of assessing compliance with applicable traffic or motor vehicle laws, regardless of whether the person is physically present in the vehicle while the vehicle is operating; and. (c) An order or ordinance under Subsection (b) must allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter and exit the highway. (2) the left side is clearly visible and free of approaching traffic for a distance sufficient to permit passing without interfering with the operation of the passed vehicle or a vehicle approaching from the opposite direction. (e) In this section, "household" has the meaning assigned by Section 71.005, Family Code. Sec. 1174), Sec. (d) In this section, "rest area" means public real property designated as a rest area, comfort station, picnic area, roadside park, or scenic overlook by the Texas Department of Transportation. CONFIDENTIALITY OF VIOLATION INFORMATION: FUEL CONSERVATION SPEED LIMIT. As a factor which may have contributed, the report listed unsafe lane change by Ngo. Acts 2005, 79th Leg., Ch. An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. Sec. 545.453. Sec. 1, eff. 2, eff. Faulty evasive action always occurs after perception and is the reaction of a driver or pedestrian to a hazardous situation on the highway. Sec. 1, eff. 1, eff. 347), Sec. Texas Transportation Code for Speeding 545.351. (a) In this section: (1) "Commercial motor vehicle" has the meaning assigned by Section 548.001. 128 (H.B. DEFINITIONS TRANSPORTATION CODE SUBTITLE C. RULES OF THE ROAD CHAPTER 541. 30.109, eff. (1) a highway is considered to have separate roadways only if the highway has roadways separated by an intervening space on which operation of vehicles is not permitted, a physical barrier, or a clearly indicated dividing section constructed to impede vehicular traffic; and. (5) an estimate of how long the site will be used for the accident reconstruction. Sec. Sec. (5) if standing on a grade, turning the front wheels to the curb or side of the highway. Acts 2019, 86th Leg., R.S., Ch. (2) in a manner similar to using a two-way radio. Sec. 5, eff. 545.419. (2) the failure to alter state speed limits will prevent the state from receiving money from the United States for highway purposes. (4) "Executive director" means the executive director of the department. 545.301. 1, eff. 545.454. Added by Acts 2005, 79th Leg., Ch. 510), Sec. Sec. (2) "Construction or maintenance work zone" has the meaning assigned by Section 472.022. OPERATION OF VEHICLE WITH INSUFFICIENT UNDERCARRIAGE CLEARANCE. 547. September 1, 2005. 1313 (H.B. Added by Acts 2017, 85th Leg., R.S., Ch. Sec. 316, Sec. (a) An operator may not drive on or cross a railroad grade crossing unless the vehicle being operated has sufficient undercarriage clearance. Added by Acts 2011, 82nd Leg., R.S., Ch. (d) It is an affirmative defense to prosecution under this section that, at the time of the offense, the person described by Subsection (b)(2) was violating a provision of this subtitle relating to walking, movement, or operation in a crosswalk or on a roadway. Added by Acts 1997, 75th Leg., ch. 1016 (H.B. Sept. 1, 1995. Sept. 1, 1995. (3) shall accord a pedestrian the right-of-way as required by this subtitle. (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. (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. (3) contain, in addition, to any other required information: (A) the date, time, and location of the violation; (B) the license plate number and a description of the vehicle involved in the violation; (C) a description of the operator of the vehicle involved in the violation; and. AUTHORITY OF COMMANDING OFFICER OF UNITED STATES MILITARY RESERVATION TO ALTER SPEED LIMITS. 545.357. (b) A county commissioners court by order may give a designated official with transportation engineering experience establishing speed limits discretion to temporarily lower prima facie speed limits for a county road or highway outside the boundaries of a municipality at the site of an investigation using vehicular accident reconstruction. Sec. 545.4145. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.