537), Sec. Acts 2017, 85th Leg., R.S., Ch. (b) An entity that sets a lower speed limit on a road or highway in the state highway system for a construction or maintenance work zone shall place or require to be placed a sign at the end of the zone that indicates the speed limit after the zone ends. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. Acts 2013, 83rd Leg., R.S., Ch. (b) In determining whether a prima facie speed limit on a part of the highway system is reasonable and safe, the commission shall consider the width and condition of the pavement, the usual traffic at the affected area, and other circumstances. (a) An operator approaching an intersection: (1) shall stop, yield, and grant immediate use of the intersection: (A) in obedience to an official traffic-control device, including a stop sign or yield right-of-way sign; or, (B) if a traffic-control signal is present but does not display an indication in any of the signal heads; and. 852, Sec. September 1, 2011. (a) In this section, "construction or maintenance work zone" has the meaning assigned by Section 472.022. An operator moving in the opposite direction of the movement of another operator shall: (1) move to or remain to the right; and. Now this seems like nonsense to me. 4, eff. Sec. 545.453. (2) removes all temporary signs, concealments, and equipment used at the vehicular accident reconstruction site. 165, Sec. 545.3531. Accident Involving Damage to Vehicle on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 2.08, eff. (b) An operator may not back the vehicle on a shoulder or roadway of a limited-access or controlled-access highway. Amended by Acts 1997, 75th Leg., ch. October 21, 2021. Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1294), Sec. 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. 27.001(108), eff. (4) "Human operator" means a natural person in an automated motor vehicle who controls the entire dynamic driving task. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property. (a) (1) In this section, "authority" means a regional tollway authority governed by Chapter 366. May 18, 2017. (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. Promptly after the filing of a petition meeting the requirements of this subsection and subject to Subsection (d), the county or municipality receiving the petition shall post the signs. shall: (1)immediately stop the vehicle at the scene of the accident or as close as possible (d) An offense under this section is punishable by a fine of not less than $50 or more than $200. (b) A signal under this section that is given by a police officer pursuing a vehicle may be by hand, voice, emergency light, or siren. (g) A temporary speed limit established under this section is effective when a designated official places temporary speed limit signs and conceals other signs that would permit a person to operate a motor vehicle at a higher rate of speed as required under Subsection (f). 61), Sec. (a) An operator shall obey the directions of a sign or marking in Subsection (c) or (d) if the sign or marking is in place and clearly visible to an ordinarily observant person. 1257 (H.B. This basic coverage is intended to pay for property damage, medical . Acts 1995, 74th Leg., ch. 1020, Sec. (b) An operator may not drive on the left side of the roadway in a no-passing zone or on the left side of any pavement striping designed to mark a no-passing zone. 545.408. 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. Sec. Sec. Amended by Acts 2003, 78th Leg., ch. 154 (H.B. An operator moving through a defile or canyon or on a mountain highway shall: (1) hold the vehicle under control and as near the right-hand edge of the highway as possible; and. Acts 2017, 85th Leg., R.S., Ch. In this situation, the second driver would be responsible for the accident because he failed to avoid it. Acts 1995, 74th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Another driver is approaching an intersection and notices the other driver careening across the road. Committed to Public Service. 550. (5) if standing on a grade, turning the front wheels to the curb or side of the highway. Section 332. 923 (H.B. 545.054. Sept. 1, 1995. Sept. 1, 1997. (d) A designated official may temporarily lower prima facie speed limits without the approval of or permission from the Texas Department of Transportation. PASSING CERTAIN VEHICLES. (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. 545.303. September 1, 2019. However, lack of evasive action is only applicable in situations where a driver could have reacted to prevent an accident but chose not to. (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. 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. (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. Acts 2019, 86th Leg., R.S., Ch. SPECIAL SPEED LIMITATIONS. 165, Sec. 68, eff. (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.". (a) On the immediate approach of an authorized emergency vehicle using audible and visual signals that meet the requirements of Sections 547.305 and 547.702, or of a police vehicle lawfully using only an audible or visual signal, an operator, unless otherwise directed by a police officer, shall: (2) immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and. (3) stop and remain standing until the authorized emergency vehicle has passed. (2) may not accelerate until completely passed by the passing vehicle. Generally, the average cost of a speeding ticket ranges from a fine of $150 to $200. 545.152. Car accident victims can point to many actions that constitute driver negligenceincluding lack of evasive action. 1049, Sec. June 1, 2023. (4) "Secured," in connection with use of a safety belt, means using the lap belt and any shoulder straps according to the instructions of: (A) the manufacturer of the vehicle, if the safety belt is original equipment; or. Acts 2005, 79th Leg., Ch. 860 (H.B. 1, eff. Can You Change Lawyers During a Personal Injury Lawsuit? 30.107(a), eff. 1160 (H.B. 548. DRIVING ON ROADWAY LANED FOR TRAFFIC. 2981), Sec. The court shall set the number of hours of service under this subsection. (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. AUTHORITY OF MUNICIPALITY TO ALTER SPEED LIMITS. September 1, 2015. Posted in Car Accident,Driving Safety Tips on June 2, 2021. 1, eff. 69.01(1), eff. 165, Sec. Acts 1995, 74th Leg., ch. 1, eff. (c) An operator may not light the signals on only one side of the vehicle on a parked or disabled vehicle or use the signals as a courtesy or "do pass" signal to the operator of another vehicle approaching from the rear. 545.059. (h) The Texas Department of Transportation shall post a sign at each point at which an interstate highway or United States highway enters this state that informs an operator that: (1) the use of a portable wireless communication device for electronic messaging while operating a motor vehicle is prohibited in this state; and. (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. (ii) is traveling on a highway not numbered by the United States or this state; (6) on a county road adjacent to a public beach, 15 miles per hour, if declared by the commissioners court of the county. (B) a road tractor, truck tractor, pole trailer, or semitrailer, as those terms are defined by Section 541.201. 2837), Sec. Acts 2009, 81st Leg., R.S., Ch. 545.3051. No puedo decir que no estoy en desacuerdo contigo. 1253 (H.B. Permits for Oversize and Overweight Vehicles: Transportation Code Chapter 623. Sept. 1, 1995. (4) awaiting access to a ferry operated by the Texas Transportation Commission. 165, Sec. If your damages total $4,000, for example, you would be entitled to collect no more than $2,000. 1, eff. (B) five miles per hour when the posted speed limit is less than 25 miles per hour. (f) An offense under Subsection (a) is a state jail felony if it is shown on the trial of the offense that the person has previously been convicted two times of an offense under that subsection. 204, Sec. 165, Sec. 3871), Sec. 438 (H.B. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2019. (c) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,250, except that the offense is: (1) a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 if the person is convicted of a second or subsequent offense under this section committed within five years of the date on which the most recent preceding offense was committed; (2) a Class A misdemeanor if the person causes serious bodily injury to another; or. Sec. September 1, 2019. COUNTY RESTRICTION ON USE OF HIGHWAY. (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. 545.419. Amended by Acts 1997, 75th Leg., ch. (e) A temporary speed limit established under this section: (f) A designated official who temporarily lowers a speed limit shall: (1) place and maintain at the vehicular accident reconstruction 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 segment affected by the vehicular accident reconstruction site that give notice of a speed limit that would permit a person to operate a motor vehicle at a higher rate of speed; and. OPERATOR. (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. September 28, 2011. The truck driver has about 2,000 feet of clearance to stop his vehicle, but he continues to drive toward the accident anyway. (B) the police department of a municipality; (C) the sheriff's office of a county; or. 545.002. 339), Sec. 4, eff. 1391 (H.B. 1257 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (2) erect a stop sign or other official traffic-control device at the grade crossing. Sec. According to HPD crash investigators, the officer was "traveling at an unsafe speed" and "performed a faulty evasive action.". 1101 (H.B. Sec. (2) a highway is not considered to have separate roadways if the highway has roadways separated only by a left turn lane. The commanding officer of a United States military reservation, for a highway or part of a highway in the military reservation, including a highway of the state highway system, has the same authority by order to alter prima facie speed limits from the results of an engineering and traffic investigation as the Texas Transportation Commission for an officially designated or marked highway of the state highway system. 165, Sec. June 1, 2023. Text of subsection effective on June 01, 2023. 6, eff. 913 (H.B. (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. 30.114(a), eff. (3) the person occupying the trailer or semitrailer was in a part of the trailer or semitrailer designed for human habitation. RA 6539 - Anti-Carnapping Act of 1972. 661 (H.B. (c) On a street or roadway designated for two-way traffic, the operator turning left shall, to the extent practicable, turn in the portion of the intersection to the left of the center of the intersection. 545.411. Added by Acts 2005, 79th Leg., Ch. 545.204. (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. 716 (H.B. 551A. 1016 (H.B. Sec. Acts 1995, 74th Leg., ch. OPERATOR OF AUTOMATED MOTOR VEHICLE. (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. RA 4136 - the Land Transportation and Traffic Code. (d) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or under both sections. 161 (S.B. (a) An automated motor vehicle may operate in this state with the automated driving system engaged, regardless of whether a human operator is physically present in the vehicle. May 27, 2005. Sec. Sec. (d) Official traffic-control devices prohibiting the changing of lanes on sections of roadway may be installed. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. (a) A person may not operate a school bus if: (1) the door of the school bus is open; or. in narrative) 47-ill (exp. (c) An operator moving around a rotary traffic island shall drive only to the right of the island. September 1, 2017. June 20, 2003. 771), Sec. An operator about to enter or cross a highway from an alley, building, or private road or driveway shall yield the right-of-way to a vehicle approaching on the highway to be entered. (d-1) The affirmative defense available in Subsection (d)(2) is not available for an offense under Subsection (b) committed in a school crossing zone located in the jurisdiction of a local authority that is in compliance with Subsection (b-2). (d) Unless a specific speed limit is required by federal law or directive under threat of loss of highway money of the United States, the commission may not set prima facie speed limits under this section of all vehicles at less than 60 miles per hour, except on a divided highway of at least four lanes, for which the commission may not set prima facie speed limits of all vehicles at less than 65 miles per hour. Sec. The other insurance company is saying that the 18-wheeler driver shouldn't have made the turn, but that he is only 33% at fault (me being 33% at fault and the other driver also being 33% at fault), which in Texas isn't above the 50% threshold needed to compel insurance payout. Amended by Acts 1997, 75th Leg., ch. (5) operating the vehicle 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. Acts 2009, 81st Leg., R.S., Ch. 545.410. Sec. June 1, 2023. Acts 2015, 84th Leg., R.S., Ch. The authority granted under this subsection does not include a road or highway in the state highway system. It's best to do this all the time with well-developed scanning habits. (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. 165, Sec. A person may not occupy a house trailer while it is being moved. (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. (2) a vehicle owned by a commercial establishment that is parked on the street adjacent to where the establishment is located. 350, Sec. 2, eff. 1)Driver (50%) 2)Passenger ( 18%) 3)Motorcycle (16%) 4)Pedestrian (14%) 5) Pedalcyclist (1.4%) What did NHSTA come after? 14 This may include drivers failing to slow in advance for stopped or stopping traffic, and abrupt steering (d) Before issuing an order under this section, the commissioners court shall submit to the department a description of the proposed restriction. 1, eff. 165, Sec. (2) If an authority determines from the results of an engineering and traffic investigation that a prima facie speed limit described in this subchapter is unreasonable or unsafe on a part of a turnpike constructed and maintained by the authority, the authority by order recorded in its minutes shall determine and declare a reasonable and safe prima facie speed limit for vehicles or classes of vehicles on the turnpike. 20.019, eff. Indeed, Texas law requires that drivers, maintain a sufficient stopping-distance when traveling behind another vehicle. (a) In this section: (1) "Hands-free device" means speakerphone capability, a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in a motor vehicle, that allows use of the wireless communication device without use of either of the operator's hands, except to activate or deactivate a function of the wireless communication device or hands-free device. 16, eff. Acts 2011, 82nd Leg., R.S., Ch. 545.256. (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. (c) A prima facie speed limit that is declared by the commission under this section is effective when the commission erects signs giving notice of the new limit. Otherwise, the order has no effect. Sept. 1, 1997. (2) "Construction or maintenance work zone" has the meaning assigned by Section 472.022. 949 (S.B. (a-2) Notwithstanding Subsection (a-1), a person under 18 years of age may operate a moped after midnight and before 5 a.m. if the person is in sight of the person's parent or guardian. June 17, 2011. 1759), Sec. Sec. (2) on approaching a curve that obstructs the view of the highway for 200 feet, give warning with the horn of the motor vehicle. (2) "Automated motor vehicle" means a motor vehicle on which an automated driving system is installed. Sec. Sec. 11 (H.B. (b) If a roadway is divided into three lanes and provides for two-way movement of traffic, an operator on the roadway may not drive in the center lane except: (1) if passing another vehicle and the center lane is clear of traffic within a safe distance; (2) in preparing to make a left turn; or. (5) "Owner" has the meaning assigned by Section 502.001. (2) the appropriate traffic-control devices are in place. Sec. Evasive action is necessary to keep other drivers safe on the road and avoid unnecessary harm. (a) An operator of a passenger car or light truck may not draw a trailer, semitrailer, house trailer, or another motor vehicle unless safety chains of a type approved by the department are attached in a manner approved by the department from the trailer, semitrailer, house trailer, or drawn motor vehicle to the drawing vehicle. Acts 2021, 87th Leg., R.S., Ch. (2) "Wireless communication device" has the meaning assigned by Section 545.425. 1066 (H.B. Acts 2009, 81st Leg., R.S., Ch. (d) Except as provided in Subsection (e), an operator approaching an intersection of a street or roadway that is not controlled by an official traffic-control device: (1) shall stop, yield, and grant immediate use of the intersection to a vehicle that has entered the intersection from the operator's right or is approaching the intersection from the operator's right in a proximity that is a hazard; and. 1, eff. 545.052. Lack of evasive action occurs when a driver fails to take reasonable steps to avoid a foreseeable accident. 1353), Sec. Sec. 6, eff. 2194), Sec. 1, eff. 165, Sec. Acts 2011, 82nd Leg., R.S., Ch. 165, Sec. Sec. Sept. 1, 1997. 51.014(a)(5), (8) (West 2008); City of Houston v. . 265 (H.B. (2) "Light truck" means a truck with a manufacturer's rated carrying capacity of not more than 2,000 pounds, including a pick-up truck, panel delivery truck, and carry-all truck. September 1, 2017. . DRIVING PAST VEHICLE MOVING IN OPPOSITE DIRECTION. 2, eff. 1759), Sec. (2) if on a controlled-access highway, for a school bus that is stopped: (A) in a loading zone that is a part of or adjacent to the highway; and. Acts 1995, 74th Leg., ch. OPERATION OF CERTAIN MOTORCYCLES. (a) This section applies to an offense committed under Section 545.412. Welcome to the Texas Department of Transportation FTP Server 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. 87), Sec. 545.062. Following each public hearing held under this section, the governing body of a school or institution of higher education may make only one request under this subsection for an engineering and traffic investigation. (d) Except as provided by Subsections (e)-(h), an offense under Subsection (a) is a Class B misdemeanor. (a-1) A person under 18 years of age may not operate a motor vehicle: (1) after midnight and before 5 a.m. unless the operation of the vehicle is necessary for the operator to attend or participate in employment or a school-related activity or because of a medical emergency; or. Sec. (a) In this section: (1) "Apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company. 1756), Sec. 545.2535. (2) "Commercial motor vehicle" has the meaning assigned by Section 545.307. 910, Sec. (a) A person commits an offense if the person operates an open-bed pickup truck or an open flatbed truck or draws an open flatbed trailer when a child younger than 18 years of age is occupying the bed of the truck or trailer. (2) require that a sign required to be posted under this subsection inform an operator that: (A) the use of a wireless communication device is prohibited in the school crossing zone; and. USE OF WIRELESS COMMUNICATION DEVICE ON SCHOOL PROPERTY; OFFENSE. 1, eff. Sec. 1899), Sec. 1, eff. (b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $200. (2) "Passenger vehicle" means a passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers, including the driver, truck, or truck tractor. 1217 (S.B. June 18, 1999. (6) to activate a function that plays music. Sept. 1, 1997. Acts 2009, 81st Leg., R.S., Ch. September 1, 2011. 1560), Sec. 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. (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.

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