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  H.B. No. 378
 
 
 
 
AN ACT
  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; [or]
               (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