(2)a Class B misdemeanor, if the damage to all vehicles is $200 or more. 1201), Sec. (b) The department may not release the information to any person or to another state governmental entity. Committees. 3871), Sec. September 1, 2021. (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. (2) "Golf cart" has the meaning assigned by Section 551.401. 545.428. 1391 (H.B. Sec. (D) the name, address, and telephone number of the person filing the report. (b-2) A local authority that by ordinance or rule prohibits the use of a wireless communication device while operating a motor vehicle, including a prohibition that contains an exception for the use of a wireless communication device with a hands-free device, throughout the jurisdiction of the local authority is not required to post a sign as required by Subsection (b-1) and shall: (1) post signs that are located at each point at which a state highway, U.S. highway, or interstate highway enters the jurisdiction of the local authority and that state: (A) that an operator is prohibited from using a wireless communication device while operating a motor vehicle in the jurisdiction of the local authority, and whether use of a wireless communication device with a hands-free device is allowed in the jurisdiction of the local authority; and, (B) that the operator is subject to a fine if the operator uses a wireless communication device while operating a motor vehicle in the jurisdiction of the local authority; and. (c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if: (1) the operator is approaching and crossing an intersection or railroad grade crossing; (2) the operator is approaching and going around a curve; (3) the operator is approaching a hill crest; (4) the operator is traveling on a narrow or winding roadway; and. (b) An offense under this section is a misdemeanor punishable by: (2) confinement in county jail for not more than 30 days; or. (b) An operator when lawfully passing to the left of a streetcar that has stopped to receive or discharge a passenger: (2) may proceed only on exercising due caution for pedestrians; and. 1325, Sec. (2) requires the key to be placed in the ignition or physically present in the vehicle before the vehicle can be operated. 2, eff. September 1, 2013. 259 (H.B. 8.01, eff. September 1, 2015. (4) awaiting access to a ferry operated by the Texas Transportation Commission. (5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record. (b) On approaching a vehicle described by Subsection (a), an operator, unless otherwise directed by a police officer, shall: (1) vacate the lane closest to the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle; or, (A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or. (c) An operator driving over a bridge or other elevated structure that is a part of a highway may not drive at a speed of more than the maximum speed that can be maintained with safety to the bridge or structure, when signs are posted as provided by this section. September 1, 2013. Fatal Accidents by person type in TEXAS are ranked how? 6, eff. (1-a) "Department" means the Texas Department of Transportation. (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. 2, eff. 1, eff. 1093), Sec. (e) In this section, "safety chains" means flexible tension members connected from the front of a drawn vehicle to the rear of the drawing vehicle to maintain connection between the vehicles if the primary connecting system fails. 537), Sec. (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. (e) An offense under this section is a misdemeanor punishable by a fine of at least $25 and not more than $99 unless it is shown on the trial of the offense that the defendant has been previously convicted at least one time of an offense under this section, in which event the offense is punishable by a fine of at least $100 and not more than $200. 183), Sec. AUTHORITY OF MUNICIPALITY TO ALTER SPEED LIMITS. 7. September 1, 2019. 1346, Sec. COUNTY RESTRICTION ON USE OF HIGHWAY. 1294), Sec. We have jurisdiction over this interlocutory appeal pursuant to sections 51.014(a)(5) and (8) of the Texas Civil Practice and Remedies Code. Acts 1995, 74th Leg., ch. OPERATION OF AUTOMATED MOTOR VEHICLES. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (b) The governing body of a municipality, for a highway or part of a highway in the municipality, including a highway of the state highway system, has the same authority to alter prima facie speed limits from the results of an engineering and traffic investigation as the commission for an officially designated or marked highway of the state highway system, when the highway or part of the highway is under repair, construction, or maintenance. RA 4136 - the Land Transportation and Traffic Code. 5.68(12), eff. First, they encourage drivers to always be on the lookout for possible accidents but also escape routes. September 28, 2011. 1756), Sec. Sec. (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. 1, eff. 1, eff. 30.113(a), eff. (2) the operator is subject to a fine if the operator uses a portable wireless communication device for electronic messaging while operating a motor vehicle in this state. BACKING A VEHICLE. (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. June 14, 2001; Acts 2003, 78th Leg., ch. (b) An operator of a school bus, while operating the bus, shall prohibit a passenger from: (B) in any location on the bus that is not designed as a seat. 165, Sec. Sec. 204, Sec. 1061, Sec. (2) may not move from the lane unless that movement can be made safely. 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. (f) Except as provided by Subsection (b-2), this section preempts all local ordinances, rules, or regulations that are inconsistent with specific provisions of this section adopted by a political subdivision of this state relating to the use of a wireless communication device by the operator of a motor vehicle. 1, eff. Sept. 1, 1995. 545.354. (d) If a local authority adopts an ordinance under Subsection (c), the authority shall erect and maintain official traffic-control devices on the portions of the limited-access or controlled-access roadway to which the ordinance applies. Distracted drivers are being targeted by a new Texas law. Sept. 1, 1997. 1325, Sec. 2837), Sec. PASSING STREETCAR TO LEFT. (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. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 545.202. (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; (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; and. (e) This section does not apply to a person: (1) operating a vehicle transporting passengers for hire, excluding third-party transport service providers when transporting clients pursuant to a contract to provide nonemergency Medicaid transportation; or. (f) This section does not limit the power of a municipality to regulate the parking of commercial motor vehicles. Operation of Bicycles and Mopeds, Golf Carts, and Other Low-powered Vehicles. to the scene of the accident without obstructing traffic more than is necessary; (2)immediately return to the scene of the accident if the vehicle is not stopped The governing body of 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. (2) remains parked in or adjacent to the subdivision only for the period necessary to complete the transportation or work. Jan. 1, 2002. 1522), Sec. Compulsory Inspection of Vehicles. (i) Repealed by Acts 2011, 82nd Leg., R.S., Ch. To the extent of any conflict between the ordinance and Subsection (a)(1), the ordinance controls. (b) An operator may not cross or drive in or on a sidewalk, driveway, parking lot, or business or residential entrance at an intersection to turn right or left from one highway to another highway. 545.206. 62), Sec. September 1, 2019. 1080, Sec. September 1, 2011. Sec. (a) In this section: (1) "Commercial motor vehicle" has the meaning assigned by Section 548.001. 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. COASTING. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE NEAR CERTAIN APARTMENT COMPLEXES. Acts 2017, 85th Leg., R.S., Ch. 67 (S.B. 165, Sec. 545.254. HOUSTON - A Houston jury returned a $30 million verdict last week against FedEx Freight Inc. in a wrongful death suit filed by the sons of a man who died in a 2018 collision involving one of the company's truck drivers. (b) An operator is not required to stop before passing a streetcar to the right if a safety zone has been established and may proceed past the streetcar at a reasonable speed and with due caution for the safety of pedestrians. 545.066. September 1, 2017. (a) An operator shall use the signal authorized by Section 545.106 to indicate an intention to turn, change lanes, or start from a parked position. Sec. 2, eff. In this subsection, "triple saddle-mount method" means the mounting of the front wheels of trailing vehicles on the bed of another vehicle while leaving the rear wheels only of the trailing vehicles in contact with the roadway. Acts 2019, 86th Leg., R.S., Ch. (b) An operator drawing another vehicle and using a chain, rope, or cable to connect the vehicles shall display on the connection a white flag or cloth not less than 12 inches square. (g) The department shall erect and maintain official traffic control devices necessary to implement and enforce an order adopted or an ordinance adopted and approved under this section. 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. Sept. 1, 1995. June 19, 2009. 913 (H.B. (d) The commissioners court may modify a prima facie speed limit in accordance with this section only by an order entered on its records. 1146 (H.B. September 1, 2013. 378), Sec. 3, eff. The Dallas. (d) An operator commits an offense if the operator drives around, under, or through a crossing gate or a barrier at a railroad crossing while the gate or barrier is closed, being closed, or being opened. No ticket was issued. 545.156. VEHICLE APPROACHED BY AUTHORIZED EMERGENCY VEHICLE. Sec. In this subsection, "driver's license" has the meaning assigned by Chapter 521. Sept. 1, 1997. The signs must: (A) at each entrance of the subdivision through which a commercial motor vehicle may enter the subdivision or within the subdivision if there is not defined entrance to the subdivision; or, (B) on a street adjacent to the subdivision; and. 545.4191. VEHICLE APPROACHING OR ENTERING INTERSECTION. SIGNALS BY HAND AND ARM OR BY SIGNAL LAMP. September 1, 2021. (2) yield the right-of-way to a vehicle in the intersection or approaching on another highway so closely as to be an immediate hazard to the operator's movement in or across the intersection. 545.104. In Texas, one of the largest states in the U.S. with a staggering population of over 29 million, The Department of Transportation reported that a substantial traffic accident had occurred every 59 seconds in the year 2017. (c) The department may adopt rules necessary to administer and enforce this section. 1353), Sec. This driving mistake highlights the importance . 1059 (H.B. An operator on an access or feeder road of a limited-access or controlled-access highway shall yield the right-of-way to a vehicle entering or about to enter the access or feeder road from the highway or leaving or about to leave the access or feeder road to enter the highway. 1, eff. Sec. 128 (H.B. Air North Texas Coalition; Air Quality Technical Committee; METHOD OF GIVING HAND AND ARM SIGNALS. 30.107(a), eff. Accident Involving Damage to Vehicle - last updated April 14, 2021 (d) An offense under this section is punishable by a fine of not less than $50 or more than $200. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sec. Acts 2021, 87th Leg., R.S., Ch. 545.454. Sept. 1, 1997. (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. (C) test the physical stamina or endurance of an operator over a long-distance driving route. 8, eff. 551. 545.107. (c) Personal property may be removed under this section without the consent of the owner or carrier of the property. Added by Acts 2003, 78th Leg., ch. (2) receives notice if a peace officer orally communicates to the person the prohibited activity and penalty for the offense. 545.3075. (2) a sign required by Subsection (b-1) was not posted at the entrance to the school crossing zone at the time of an offense committed in the school crossing zone. (c) To move a vehicle or equipment on or across a track at a railroad grade crossing, the operator: (1) shall stop the vehicle or equipment not closer than 15 feet or farther than 50 feet from the nearest rail of the railroad; (3) may not proceed until it is safe to cross the track. (b) To make a left turn at an intersection, an operator shall: (1) approach the intersection in the extreme left-hand lane lawfully available to a vehicle moving in the direction of the vehicle; and. SPEED LIMIT EXCEPTION FOR EMERGENCIES; MUNICIPAL REGULATION. 12, eff. 535, Sec. May 18, 2017. 545.359. 545.2555. 1, eff. For example, say that a driver is traveling on a highway when he suddenly hits a pothole and loses control of his vehicle. Sec. Acts 2019, 86th Leg., R.S., Ch. An operator emerging from an alley, driveway, or building in a business or residence district shall: (1) stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway; (2) yield the right-of-way to a pedestrian to avoid collision; and. Effect of Evasive Action Taking evasive action means you did something to try to avoid the accident. In this chapter: (1) "On-track equipment" means any car, rolling stock, equipment, or other device that, alone or coupled to another device, is operated on a railroad track. AUTHORITY OF COUNTY COMMISSIONERS COURT TO ALTER SPEED LIMITS. (b) The commissioners court of a county may declare a lower speed limit of not less than: (1) 30 miles per hour on a county road or highway to which this section applies, if the commissioners court determines that the prima facie speed limit on the road or highway is unreasonable or unsafe; or, (A) in a residence district, unless the roadway has been designated as a major thoroughfare by a city planning commission; or. (a) A person commits an offense if the person uses the person's body, a car, or a barricade to knowingly impede or otherwise interfere with a peace officer's investigation of conduct prohibited under Section 545.420 or a reckless driving exhibition, as defined by Section 42.03, Penal Code. Acts 2021, 87th Leg., R.S., Ch. (d) This section does not apply to a trailer, semitrailer, house trailer, or drawn motor vehicle that is operated in compliance with the federal motor carrier safety regulations. (b) The operator of a vehicle that has an explosive substance or flammable liquid as the vehicle's principal cargo, before crossing a railroad grade crossing on a highway in a municipality: (2) while stopped, shall listen and look in both directions along the track for an approaching train or other on-track equipment and for signals indicating the approach of a train or other on-track equipment; and. 1, eff. Sept. 1, 2003. Sept. 1, 2003. 1097, Sec. Sec. 1791), Sec. 165, Sec. September 1, 2009. Common Pedestrian Accidents Caused by Distractions. (a) An operator passing to the right of a streetcar stopped or about to stop to receive or discharge a passenger shall: (1) stop the vehicle at least five feet to the rear of the nearest running board or door of the streetcar; and. 974 (H.B. The term includes a traffic cone, tubular marker, vertical panel, drum, barricade, temporary raised island, concrete or cable barrier, guardrail, or channelizer. 3871), Sec. (C) the visual signal is no longer actuated. 265 (H.B. The municipality may not enforce the restrictions unless the department's executive director or the executive director's designee has approved the restrictions. The commissioners court shall use each license or permit fee to pay salaries and expenses of the sheriff's office for conducting inspections to determine compliance with the ordinance and laws relating to dealers in scrap metal and salvage. Texas Transportation Code Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. 545.422. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. in narrative) 49-improper start from parked position 50-load not secured 51-opened door into traffic lane 52-oversize vehicle or load 814, Sec. 265 (H.B. (e) A person commits an offense if the person parks a commercial motor vehicle in violation of Subsection (b). 545.063. (c) The owner or manager of an apartment complex may make a request to the county in which the apartment complex is located for the posting of official signs prohibiting the parking of a commercial motor vehicle in a public right-of-way adjacent to the complex after 10 p.m. and before 6 a.m. A request under this subsection must be signed and in writing. (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. 30.115(a), eff. (b) An operator approaching a stop sign or other official traffic-control device that requires a stop and that is erected under Subsection (a) shall stop not closer than 15 feet or farther than 50 feet from the nearest rail of the railroad and may proceed only with due care. The Texas Department of Transportation reports the leading causes of statewide traffic accidents in 2017 included: Failed to control speed: 33,593; Driver inattention: 18,477; Failed to drive in lane: 12,716; . (a) If the Texas Transportation Commission determines from the results of an engineering and traffic investigation that a prima facie speed limit in this subchapter is unreasonable or unsafe on a part of the highway system, the commission, by order recorded in its minutes, and except as provided in Subsection (d), may determine and declare: (1) a reasonable and safe prima facie speed limit; and.