Sec. 545.157. PASSING AUTHORIZED EMERGENCY VEHICLE


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  • (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.

    (b) A violation of this section is:

    (1) a misdemeanor punishable under Section 542.401;

    (2) a misdemeanor punishable by a fine of $500 if the violation results in property damage; or

    (3) a Class B misdemeanor if the violation results in bodily injury.

    (c) 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.

    (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.

Added by Acts 2003, 78th Leg., ch. 327, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 229 , Sec. 1, eff. September 1, 2011.