545.360. Acts 2017, 85th Leg., R.S., Ch. 1, eff. Sept. 1, 1999. (d) This section does not exempt the operator from compliance with Section 545.251 or 545.252. (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. (b) In determining whether a prima facie speed limit on a part of a turnpike constructed and maintained by the authority is reasonable or safe, the authority shall consider the width and condition of the pavement, the usual traffic on the turnpike, and other circumstances. (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. 550. 1, eff. (b) An operator on a single-lane or two-lane street or roadway who approaches an intersection that is not controlled by an official traffic-control device and that is located on a divided highway or on a street or roadway divided into three or more marked traffic lanes: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle on the other street or roadway that is within the intersection or approaching the intersection in such proximity as to be a hazard; and. Texas Transportation Code Sec. PASSING TO THE LEFT: PASSING ZONES. A new limit that is enacted for a highway under this section is effective at all times or at other times as determined. (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. 545.053. 15, eff. 1, eff. (3) a state jail felony if the person has been previously convicted under Subdivision (2). (h) Notwithstanding Section 545.352(b), the commission may establish a speed limit of 75 miles per hour on a part of the highway system if the commission determines that 75 miles per hour is a reasonable and safe speed for that part of the highway system. OPERATOR. Amended by Acts 1997, 75th Leg., ch. RACING ON HIGHWAY. Sec. STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES. (a) The Texas Transportation Commission may designate a highway or separate roadway under the jurisdiction of the commission for one-way traffic and shall erect appropriate signs giving notice of the designation. That prompted FAA Administrator Billy Nolen to say earlier this month that he was putting together a team of experts to review airline safety. Common Pedestrian Accidents Caused by Distractions. At the hearing, all interested persons may present oral or written testimony regarding the proposed order. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (b-1) Except as provided by Subsection (b-2), a local authority that enforces this section in a school crossing zone in the local authority's jurisdiction shall post a sign, or approve the posting of a sign by a school or school district, that complies with the standards described by this subsection at each entrance to the school crossing zone. PERSONS AND GOVERNMENTAL AUTHORITIES 541.001. (c) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (c) If appropriate signs are erected giving notice of a minimum speed limit adopted under this section, an operator may not drive a vehicle more slowly than that limit except as necessary for safe operation or in compliance with law. ALL VEHICLES TO STOP AT CERTAIN RAILROAD GRADE CROSSINGS. lisa pera wikipedia. 892 (H.B. Inadequate evasive action may be defined as situations when drivers fail to execute a proper evasive maneuver by not using sufficient steering inputs, not braking appropriately, or a combination of insufficient steering and braking inputs. (2) transporting a child in a vehicle in which all seating positions equipped with child passenger safety seat systems or safety belts are occupied. September 28, 2011. (3) may not proceed until it is safe to do so. 578 (H.B. Acts 2005, 79th Leg., Ch. 545.151. 1049, Sec. 3871), Sec. (c) An operator is not required to stop at: (1) an abandoned railroad grade crossing that is marked with a sign reading "tracks out of service"; or, (2) an industrial or spur line railroad grade crossing that is marked with a sign reading "exempt.". 545.410. (1) "Child passenger safety seat system" means an infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration. Sept. 1, 1997. (j) Notwithstanding Section 542.402(a), a municipality or county, at the end of the municipality's or county's fiscal year, shall send to the comptroller an amount equal to 50 percent of the fines collected by the municipality or the county for violations of Subsection (b) of this section. (3) "Department" means the Texas Department of Transportation. 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. (d) After a district engineer temporarily lowers a speed limit under this section, the Texas Department of Transportation shall: (1) place and maintain at the maintenance activity site temporary speed limit signs that conform to the manual and specifications adopted under Section 544.001; (2) temporarily conceal all other signs on the highway or part of a highway affected by the maintenance activity that give notice of a speed limit that would permit a person to operate a motor vehicle at a higher rate of speed; and. 30.107(d), eff. By Mike Curley Law360 (October 18, 2021, 7:42 PM EDT) -- A Houston jury has hit FedEx Freight Inc. with a $30 million verdict in a wrongful death suit filed by the sons of a man who died in a. Sec. (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. September 1, 2021. 545.424. 1, eff. Sept. 1, 2001. 1217 (S.B. 30.110(a), eff. (c) It is a defense to prosecution under this section that the person was operating the vehicle in an emergency or for a law enforcement purpose. (B) on a county road or highway to which this section applies that is located within 500 feet of an elementary, secondary, or open-enrollment charter school or an institution of higher education, if approved under Section 545.357. On a roadway divided into three or more lanes and providing for one-way movement of traffic, an operator entering a lane of traffic from a lane to the right shall yield the right-of-way to a vehicle entering the same lane of traffic from a lane to the left. 1171, Sec. (h) In this section, "passenger vehicle," "safety belt," and "secured" have the meanings assigned by Section 545.412. 1522), Sec. 1, eff. (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. DUTY OF TEXAS TRANSPORTATION COMMISSION AND STATE BOARD OF EDUCATION TO PROVIDE INFORMATION AND ASSISTANCE. (e) A sign posted under Subsection (d) must: (1) be posted in the public right-of-way: (A) not more than 10 feet from the property line of the apartment complex; and, (A) a statement, in letters at least two inches in height, that parking of a commercial motor vehicle is prohibited from 10 p.m. to 6 a.m. in the public right-of-way or portion of the public right-of-way; and. (2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway. VEHICLE ENTERING OR LEAVING LIMITED-ACCESS OR CONTROLLED-ACCESS HIGHWAY. MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE. 1353), Sec. In other words, you must explain to the court, legally speaking, what the driver did wrong. (d) Except as provided by Subsection (h-1), the commission may not: (1) modify the rules established by Section 545.351(b); (2) establish a speed limit of more than 75 miles per hour; or. 128 (H.B. (f) This section does not apply to a vehicle owned by a commercial establishment that is parked in the public right-of-way adjacent to the property where the establishment is located. June 1, 2023. MOVING THE VEHICLE OF ANOTHER; UNLAWFUL PARKING. 535, Sec. Sec. Added by Acts 1997, 75th Leg., ch. 204, Sec. 1, eff. (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. Acts 1995, 74th Leg., ch. (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. (a) An operator may not cross a sidewalk or drive through a driveway, parking lot, or business or residential entrance without stopping the vehicle. Acts 2011, 82nd Leg., R.S., Ch. 545.422. (g) If the governing body of a municipality determines that it is necessary to improve the economic development of the municipality's central business district and that it will not adversely affect public safety, the governing body may adopt an ordinance regulating the standing, stopping, or parking of a vehicle at a place described by Subsection (a)(1), other than a road or highway in the state highway system, in the central business district of the municipality as defined in the ordinance. Sec. This subsection does not apply to the drawing of a trailer or semitrailer used for agricultural purposes. (c) A temporary speed limit established under this section: (1) is a prima facie prudent and reasonable speed limit enforceable in the same manner as other prima facie speed limits established under other provisions of this subchapter; and. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (2) "Golf cart" has the meaning assigned by Section 551.401. (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, train, or other on-track equipment is given by automatic signal, crossing gates, a flagger, or otherwise. June 14, 2001; Acts 2003, 78th Leg., ch. 882 (H.B. An order entered under this section does not have the effect of increasing a speed limit on any highway. (a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only: (2) to accelerate before entering the main traveled lane of traffic; (3) to decelerate before making a right turn; (4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn; (5) to allow another vehicle traveling faster to pass; (6) as permitted or required by an official traffic-control device; or. 545.105. 5, eff. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Reckless Driving; Offense on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Groucho Marx. 663 (H.B. This subsection does not apply to a person licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device. 1756), Sec. September 1, 2011. Sec. (b) It is a defense to prosecution of an offense to which this section applies that the defendant provides to the court evidence satisfactory to the court that: (A) the defendant was not arrested or issued a citation for violation of any other offense; (B) the defendant did not possess a child passenger safety seat system in the vehicle; and, (C) the vehicle the defendant was operating was not involved in an accident; and. Acts 2021, 87th Leg., R.S., Ch. (c) The commissioners court may not modify the rule established by Section 545.351(a) or establish a speed limit of more than 70 miles per hour. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ALTER SPEED LIMITS ON CERTAIN ROADS. The term includes voice-operated technology and a push-to-talk function. 669, Sec. Sept. 1, 1995. Acts 2021, 87th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. (c) A prima facie speed limit that is altered by the governing body of a municipality under Subsection (b), (b-1), or (b-3) is effective when the governing body erects signs giving notice of the new limit and at all times or at other times as determined. (1) a vehicle owned by a utility that an employee of the utility who is on call 24 hours a day parks at the employee's residence; or. (b) If a county road outside the state highway system is located within 500 feet of a public or private elementary or secondary school, an open-enrollment charter school, or an institution of higher education that is not in a municipality, the commissioners court of the county, on request of the governing body of a school or institution of higher education, shall hold a public hearing at least once each calendar year to consider the prima facie speed limit on the road near the school or institution of higher education. (a) Except as provided by Subsection (b), an operator required to give a stop or turn signal shall do so by: (2) lighting signal lamps approved by the department. Refreshed: 2021-06-07. (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. (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. 1093), Sec. 3190), Sec. As soon as possible following your accident, contact our car accident lawyer in McAllen to discuss your options for compensation. 1034, Sec. Acts 1995, 74th Leg., ch. September 1, 2021. 545.3625. (a) The Texas Transportation Commission by resolution or order recorded in its minutes may prohibit the use of a limited-access or controlled-access highway under the jurisdiction of the commission by a parade, funeral procession, pedestrian, bicycle, electric bicycle, motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less, or nonmotorized traffic. Acts 2009, 81st Leg., R.S., Ch. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 545.3075. 1146 (H.B. (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. Amended by Acts 2001, 77th Leg., ch. 2, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 8, eff. (b) An operator may not pass to the right by leaving the main traveled portion of a roadway except as provided by Section 545.058. (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. Sec. (d) The governing body of a municipality that declares a lower speed limit on a highway or part of a highway under Subsection (b-1) or (b-3), not later than February 1 of each year, shall publish on its Internet website and submit to the department a report that compares for each of the two previous calendar years: (1) the number of traffic citations issued by peace officers of the municipality and the alleged speed of the vehicles, for speed limit violations on the highway or part of the highway; (2) the number of warning citations issued by peace officers of the municipality on the highway or part of the highway; and. (a) The governing body of a municipality by ordinance may give a designated official with transportation engineering experience establishing speed limits discretion to temporarily lower a prima facie speed limit for a highway or part of a highway in the municipality, including a highway of the state highway system, at the site of an investigation using vehicular accident reconstruction. (b) A person under 17 years of age who holds a restricted motorcycle license may not operate a motorcycle while using a wireless communication device, except in case of emergency. (e) An offense under Subsection (a) is a Class A misdemeanor if it is shown on the trial of the offense that: (1) the person has previously been convicted one time of an offense under that subsection; or. (e) An operator approaching an intersection of a street or roadway from a street or roadway that terminates at the intersection and that is not controlled by an official traffic-control device or controlled as provided by Subsection (b) or (c): (1) shall stop, yield, and grant immediate use of the intersection to another vehicle that has entered the intersection from the other street or roadway or is approaching the intersection on the other street or roadway in a proximity that is a hazard; and. (a) An operator may not drive a vehicle when it is loaded so that, or when the front seat has a number of persons, exceeding three, so that: (1) the view of the operator to the front or sides of the vehicle is obstructed; or. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. 1, eff. (h-2) Notwithstanding Section 545.352(b), the commission may establish a speed limit not to exceed 85 miles per hour on a part of the state highway system if: (1) that part of the highway system is designed to accommodate travel at that established speed or a higher speed; and. Rules and Regulations. 165, Sec. Sec. 1, eff. Sec. Acts 2011, 82nd Leg., R.S., Ch. 1419, Sec. (b-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. DRIVING ON RIGHT SIDE OF ROADWAY AND PASSING. Texas Drivers Handbook (PDF) Transportation Code Next Steps Contact a qualified traffic ticket attorney to help you get the best result possible. COPYRIGHT 2023 De La Garza | disclaimer. The officer's vehicle must bear the insignia of a law enforcement agency, regardless of whether the vehicle displays an emergency light. 1, eff. Acts 2019, 86th Leg., R.S., Ch. (b) An operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle: (1) in front of a public or private driveway; (3) within 20 feet of a crosswalk at an intersection; (4) within 30 feet on the approach to a flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway; (5) within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance, if the entrance is properly marked with a sign; or. (B) the police department of a municipality; (C) the sheriff's office of a county; or.