Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
33 Cards in this Set
- Front
- Back
|
Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED.
|
Any peace officer may arrest without warrant a person found committing a violation of this subtitle.
|
|
|
Sec. 543.002. PERSON ARRESTED TO BE TAKEN BEFORE MAGISTRATE. |
(a) A person arrested for a violation of this subtitle punishable as a misdemeanor shall be immediately taken before a magistrate if:
(1) the person is arrested on a charge of failure to stop in the event of an accident causing damage to property; or (2) the person demands an immediate appearance before a magistrate or refuses to make a written promise to appear in court as provided by this subchapter. (b) The person must be taken before a magistrate who: (1) has jurisdiction of the offense; (2) is in the county in which the offense charged is alleged to have been committed; and (3) is nearest or most accessible to the place of arrest. |
|
|
Sec. 543.003. NOTICE TO APPEAR REQUIRED: PERSON NOT TAKEN BEFORE MAGISTRATE.
|
An officer who arrests a person for a violation of this subtitle punishable as a misdemeanor and who does not take the person before a magistrate shall issue a written notice to appear in court showing the time and place the person is to appear, the offense charged, the name and address of the person charged, and, if applicable, the license number of the person's vehicle.
|
|
|
Sec. 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES. |
(a) An officer shall issue a written notice to appear if:
(1) the offense charged is speeding or a violation of the open container law, Section 49.03, Penal Code; and (2) the person makes a written promise to appear in court as provided by Section 543.005. (b) If the person is a resident of or is operating a vehicle licensed in a state or country other than this state, Subsection (a) applies only as provided by Chapter 703. (c) The offenses specified by Subsection (a) are the only offenses for which issuance of a written notice to appear is mandatory. |
|
|
Sec. 543.005. PROMISE TO APPEAR; RELEASE. . |
To secure release, the person arrested must make a written promise to appear in court by signing the written notice prepared by the arresting officer. The signature may be obtained on a duplicate form or on an electronic device capable of creating a copy of the signed notice. The arresting officer shall retain the paper or electronic original of the notice and deliver the copy of the notice to the person arrested. The officer shall then promptly release the person from custody
|
|
|
Sec. 543.006. TIME AND PLACE OF APPEARANCE. |
(a) The time specified in the notice to appear must be at least 10 days after the date of arrest unless the person arrested demands an earlier hearing.
(b) The place specified in the notice to appear must be before a magistrate having jurisdiction of the offense who is in the municipality or county in which the offense is alleged to have been committed. |
|
|
Sec. 543.010. SPECIFICATIONS OF SPEEDING CHARGE. |
The complaint and the summons or notice to appear on a charge of speeding under this subtitle must specify:
(1) the maximum or minimum speed limit applicable in the district or at the location; and (2) the speed at which the defendant is alleged to have driven. |
|
|
Sec. 544.005. INTERFERENCE WITH TRAFFIC-CONTROL DEVICE OR RAILROAD SIGN OR SIGNAL. |
A person may not, without lawful authority, alter, injure, knock down, or remove or attempt to alter, injure, knock down, or remove:
(1) an official traffic-control device or railroad sign or signal; (2) an inscription, shield, or insignia on an official traffic-control device or railroad sign or signal; or (3) another part of an official traffic-control device or railroad sign or signal. |
|
|
Sec. 544.010. STOP SIGNS AND YIELD SIGNS. |
(a) Unless directed to proceed by a police officer or traffic-control signal, the operator of a vehicle or streetcar approaching an intersection with a stop sign shall stop as provided by Subsection (c).
(b) If safety requires, the operator of a vehicle approaching a yield sign shall stop as provided by Subsection (c). (c) An operator required to stop by this section shall stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway. |
|
|
Sec. 545.051. DRIVING ON RIGHT SIDE OF ROADWAY. |
(a) An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless:
(1) the operator is passing another vehicle; (2) an obstruction necessitates moving the vehicle left of the center of the roadway and the operator yields the right-of-way to a vehicle that: (A) is moving in the proper direction on the unobstructed portion of the roadway; and (B) is an immediate hazard; (3) the operator is on a roadway divided into three marked lanes for traffic; or (4) the operator is on a roadway restricted to one-way traffic. (b) An operator of a vehicle on a roadway moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is: (1) passing another vehicle; or (2) preparing for a left turn at an intersection or into a private road or driveway. (c) An operator on a roadway having four or more lanes for moving vehicles and providing for two-way movement of vehicles may not drive left of the center line of the roadway except: (1) as authorized by an official traffic-control device designating a specified lane to the left side of the center of the roadway for use by a vehicle not otherwise permitted to use the lane; (2) under the conditions described by Subsection (a)(2); or (3) in crossing the center line to make a left turn into or out of an alley, private road, or driveway. |
|
|
Sec. 545.055. PASSING TO THE LEFT: PASSING ZONES. |
(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.
(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. This subsection does not prohibit a driver from crossing pavement striping, or the center line in a no-passing zone marked by signs only, to make a left turn into or out of an alley or private road or driveway. (c) The Texas Transportation Commission, on a state highway under the jurisdiction of the commission, may: (1) determine those portions of the highway where passing or driving to the left of the roadway would be especially hazardous; and (2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway. (d) A local authority, on a highway under the jurisdiction of the local authority, may: (1) determine those portions of the highway where passing or driving to the left of the roadway would be especially hazardous; and (2) show the beginning and end of each no-passing zone by appropriate signs or markings on the roadway. |
|
|
Sec. 545.056. DRIVING TO LEFT OF CENTER OF ROADWAY: LIMITATIONS OTHER THAN PASSING. |
(a) An operator may not drive to the left side of the roadway if the operator is:
(1) approaching within 100 feet of an intersection or railroad grade crossing in a municipality; (2) approaching within 100 feet of an intersection or railroad grade crossing outside a municipality and the intersection or crossing is shown by a sign or marking in accordance with Section 545.055; (3) approaching within 100 feet of a bridge, viaduct, or tunnel; or (4) awaiting access to a ferry operated by the Texas Transportation Commission. (b) The limitations in Subsection (a) do not apply: (1) on a one-way roadway; or (2) to an operator turning left into or from an alley or private road or driveway. (c) The Texas Transportation Commission shall post signs along the approach to a ferry operated by the commission notifying operators that passing is prohibited if there is a standing line of vehicles awaiting access to the ferry. |
|
|
Sec. 545.057. PASSING TO THE RIGHT. |
(a) An operator may pass to the right of another vehicle only if conditions permit safely passing to the right and:
(1) the vehicle being passed is making or about to make a left turn; and (2) the operator is: (A) on a highway having unobstructed pavement not occupied by parked vehicles and sufficient width for two or more lines of moving vehicles in each direction; or (B) on a one-way street or on a roadway having traffic restricted to one direction of movement and the roadway is free from obstructions and wide enough for two or more lines of moving vehicles. (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. |
|
|
Sec. 545.058. DRIVING ON IMPROVED SHOULDER.
|
(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: (1) to stop, stand, or park;
(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 (7) to avoid a collision. (b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only: (1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway; (2) as permitted or required by an official traffic-control device; or (3) to avoid a collision. (c) A limitation in this section on driving on an improved shoulder does not apply to: (1) an authorized emergency vehicle responding to a call; (2) a police patrol; or (3) a bicycle. |
|
|
Sec. 545.062. FOLLOWING DISTANCE. |
(a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.
(b) An operator of a truck or of a motor vehicle drawing another vehicle who is on a roadway outside a business or residential district and who is following another truck or motor vehicle drawing another vehicle shall, if conditions permit, leave sufficient space between the vehicles so that a vehicle passing the operator can safely enter and occupy the space. This subsection does not prohibit a truck or a motor vehicle drawing another vehicle from passing another vehicle. (c) An operator on a roadway outside a business or residential district driving in a caravan of other vehicles or a motorcade shall allow sufficient space between the operator and the vehicle preceding the operator so that another vehicle can safely enter and occupy the space. This subsection does not apply to a funeral procession. |
|
|
Sec. 545.066. PASSING A SCHOOL BUS; OFFENSE. |
(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 (2) may not proceed until: (A) the school bus resumes motion; (B) the operator is signaled by the bus driver to proceed; or (C) the visual signal is no longer actuated. (b) An operator on a highway having separate roadways is not required to stop: (1) for a school bus that is on a different roadway; or (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 (B) where pedestrians are not permitted to cross the roadway. (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 (3) a state jail felony if the person has been previously convicted under Subdivision (2). (d) The court may order that the driver's license of a person convicted of a second or subsequent offense under this section be suspended for not longer than six months beginning on the date of conviction. In this subsection, "driver's license" has the meaning assigned by Chapter 521. (e) If a person does not pay the previously assessed fine or costs on a conviction under this section, or is determined by the court to have insufficient resources or income to pay a fine or costs on a conviction under this section, the court may order the person to perform community service. The court shall set the number of hours of service under this subsection. (f) For the purposes of this section: (1) a highway is considered to have separate roadways only if the highway has roadways separated by an intervening space on which operation of vehicles is not permitted, a physical barrier, or a clearly indicated dividing section constructed to impede vehicular traffic; and (2) a highway is not considered to have separate roadways if the highway has roadways separated only by a left turn lane. |
|
|
Sec. 545.101. TURNING AT INTERSECTION. |
(a) To make a right turn at an intersection, an operator shall make both the approach and the turn as closely as practicable to the right-hand curb or edge of the roadway.
(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 (2) after entering the intersection, turn left, leaving the intersection so as to arrive in a lane lawfully available to traffic moving in the direction of the vehicle on the roadway being entered. (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. (d) To turn left, an operator who is approaching an intersection having a roadway designated for one-way traffic and for which signs are posted from a roadway designated for one-way traffic and for which signs are posted shall make the turn as closely as practicable to the left-hand curb or edge of the roadway. (e) The Texas Transportation Commission or a local authority, with respect to a highway in its jurisdiction, may: (1) authorize the placement of an official traffic-control device in or adjacent to an intersection; and (2) require a course different from that specified in this section for movement by vehicles turning at an intersection. |
|
|
Sec. 545.102. TURNING ON CURVE OR CREST OF GRADE.
|
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.
|
|
|
Sec. 545.104. SIGNALING TURNS; USE OF TURN SIGNALS. |
(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.
(b) An operator intending to turn a vehicle right or left shall signal continuously for not less than the last 100 feet of movement of the vehicle before the turn. (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. |
|
|
Sec. 545.105. SIGNALING STOPS. |
An operator may not stop or suddenly decrease the speed of the vehicle without first giving a stop signal as provided by this subchapter to the operator of a vehicle immediately to the rear when there is an opportunity to give the signal.
|
|
|
Sec. 545.106. SIGNALS BY HAND AND ARM OR BY SIGNAL LAMP.
|
(a) Except as provided by Subsection (b), an operator required to give a stop or turn signal shall do so by:
(1) using the hand and arm; or (2) lighting signal lamps approved by the department. (b) A motor vehicle in use on a highway shall be equipped with signal lamps, and the required signal shall be given by lighting the lamps, if: (1) the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of the motor vehicle is more than two feet; or (2) the distance from the center of the top of the steering post to the rear limit of the body or load, including the body or load of a combination of vehicles, is more than 14 feet. |
|
|
Sec. 545.107. METHOD OF GIVING HAND AND ARM SIGNALS. |
An operator who is permitted to give a hand and arm signal shall give the signal from the left side of the vehicle as follows:
(1) to make a left turn signal, extend hand and arm horizontally; (2) to make a right turn signal, extend hand and arm upward, except that a bicycle operator may signal from the right side of the vehicle with the hand and arm extended horizontally; and (3) to stop or decrease speed, extend hand and arm downward. |
|
|
Sec. 545.156. VEHICLE APPROACHED BY AUTHORIZED EMERGENCY VEHICLE. |
(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 signal, an operator, unless otherwise directed by a police officer, shall:
(1) yield the right-of-way; (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. (b) This section does not exempt the operator of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. |
|
|
Sec. 545.157. PASSING CERTAIN VEHICLES. |
(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); and (3) a Texas Department of Transportation vehicle 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. (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 (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. (c) 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. (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. (e) In this section: (1) "Tow truck" means a vehicle that: (A) has been issued a permit under Subchapter C, Chapter 2308, Occupations Code; and (B) is operated by a person licensed under Subchapter D, Chapter 2308, Occupations Code. (2) "Traffic control channelizing device" means equipment used to warn and alert drivers of conditions created by work activities in or near the traveled way, to protect workers in a temporary traffic control zone, and to guide drivers and pedestrians safely. The term includes a traffic cone, tubular marker, vertical panel, drum, barricade, temporary raised island, concrete or cable barrier, guardrail, or channelizer. |
|
|
Sec. 545.302. STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES.
|
(a) An operator may not stop, stand, or park a vehicle:
(1) on the roadway side of a vehicle stopped or parked at the edge or curb of a street; (2) on a sidewalk; (3) in an intersection; (4) on a crosswalk; (5) between a safety zone and the adjacent curb or within 30 feet of a place on the curb immediately opposite the ends of a safety zone, unless the governing body of a municipality designates a different length by signs or markings; (6) alongside or opposite a street excavation or obstruction if stopping, standing, or parking the vehicle would obstruct traffic; (7) on a bridge or other elevated structure on a highway or in a highway tunnel; (8) on a railroad track; or (9) where an official sign prohibits stopping. (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; (2) within 15 feet of a fire hydrant; (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 (6) where an official sign prohibits standing. (c) An operator may not, except temporarily to load or unload merchandise or passengers, park an occupied or unoccupied vehicle: (1) within 50 feet of the nearest rail of a railroad crossing; or (2) where an official sign prohibits parking. (d) A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not impede the normal and reasonable movement of pedestrian or other traffic on the sidewalk. (e) A municipality may adopt an ordinance exempting a private vehicle operated by an elevator constructor responding to an elevator emergency from Subsections (a)(1), (a)(5), (a)(6), (a)(9), (b), and (c). (f) Subsections (a), (b), and (c) do not apply if the avoidance of conflict with other traffic is necessary or if the operator is complying with the law or the directions of a police officer or official traffic-control device. (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. To the extent of any conflict between the ordinance and Subsection (a)(1), the ordinance controls. |
|
|
Sec. 545.305. REMOVAL OF UNLAWFULLY STOPPED VEHICLE.
|
(a) A peace officer listed under Article 2.12, Code of Criminal Procedure, or a license and weight inspector of the department may remove or require the operator or a person in charge of a vehicle to move a vehicle from a highway if the vehicle:
(1) is unattended on a bridge, viaduct, or causeway or in a tube or tunnel and the vehicle is obstructing traffic; (2) is unlawfully parked and blocking the entrance to a private driveway; (3) has been reported as stolen; (4) is identified as having been stolen in a warrant issued on the filing of a complaint; (5) is unattended and the officer has reasonable grounds to believe that the vehicle has been abandoned for longer than 48 hours; (6) is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle is: (A) incapacitated and unable to provide for the vehicle's removal or custody; or (B) not in the immediate vicinity of the vehicle; (7) is disabled so that normal operation is impossible or impractical and the owner or person in charge of the vehicle does not designate a particular towing or storage company; (8) is operated by a person an officer arrests for an alleged offense and the officer is required by law to take the person into custody; or (9) is, in the opinion of the officer, a hazard, interferes with a normal function of a governmental agency, or because of a catastrophe, emergency, or unusual circumstance is imperiled. (b) An officer acting under Subsection (a) may require that the vehicle be taken to: (1) the nearest garage or other place of safety; (2) a garage designated or maintained by the governmental agency that employs the officer; or (3) a position off the paved or main traveled part of the highway. (c) A law enforcement agency other than the department that removes an abandoned vehicle in an unincorporated area shall notify the sheriff. (d) The owner of a vehicle that is removed or stored under this section is liable for all reasonable towing and storage fees incurred. (e) In this section: (1) "Towing company" means an individual, corporation, partnership, or other association engaged in the business of towing vehicles on a highway for compensation or with the expectation of compensation for the towing or storage of the vehicles and includes the owner, operator, employee, or agent of a towing company. (2) "Storage company" means an individual, corporation, partnership, or other association engaged in the business of storing or repairing vehicles for compensation or with the expectation of compensation for the storage or repair of vehicles and includes the owner, operator, employee, or agent of a storage company. |
|
|
Sec. 545.3051. REMOVAL OF PERSONAL PROPERTY FROM ROADWAY OR RIGHT-OF-WAY.
|
(b) An authority or a law enforcement agency may remove personal property from a roadway or right-of-way if the authority or law enforcement agency determines that the property blocks the roadway or endangers public safety.
(c) Personal property may be removed under this section without the consent of the owner or carrier of the property. (d) The owner and any carrier of personal property removed under this section shall reimburse the authority or law enforcement agency for any reasonable cost of removal and disposition of the property. (e) Notwithstanding any other provision of law, an authority or a law enforcement agency is not liable for: (1) any damage to personal property removed from a roadway or right-of-way under this section, unless the removal is carried out recklessly or in a grossly negligent manner; or (2) any damage resulting from the failure to exercise the authority granted by this section. |
|
|
Sec. 545.351. MAXIMUM SPEED REQUIREMENT. |
(a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.
(b) An operator: (1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and (2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care. (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 (5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions. |
|
|
Sec. 545.363. MINIMUM SPEED REGULATIONS. |
(a) An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(b) When the Texas Transportation Commission, the Texas Turnpike Authority, the commissioners court of a county, or the governing body of a municipality, within the jurisdiction of each, as applicable, as specified in Sections 545.353 to 545.357, determines from the results of an engineering and traffic investigation that slow speeds on a part of a highway consistently impede the normal and reasonable movement of traffic, the commission, authority, county commissioners court, or governing body may determine and declare a minimum speed limit on the highway. (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. |
|
|
Sec. 545.401. RECKLESS DRIVING; OFFENSE.
|
(a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by: (1) a fine not to exceed $200; (2) confinement in county jail for not more than 30 days; or (3) both the fine and the confinement. (c) Notwithstanding Section 542.001, this section applies to: (1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and (2) a highway or other public place. (d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface. |
|
|
Sec. 545.404. UNATTENDED MOTOR VEHICLE.
|
An operator may not leave the vehicle unattended without:
(1) stopping the engine; (2) locking the ignition; (3) removing the key from the ignition; (4) setting the parking brake effectively; and (5) if standing on a grade, turning the front wheels to the curb or side of the highway. |
|
|
Sec. 545.408. CROSSING FIRE HOSE.
|
An operator may not, without the consent of the fire department official in command, drive over an unprotected hose of a fire department if the hose is on a street or private driveway and is intended for use at a fire or alarm of fire.
|
|
|
Sec. 545.412. CHILD PASSENGER SAFETY SEAT SYSTEMS; OFFENSE. |
(a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.
(b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $250. (b-1) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 69.01(1), eff. September 28, 2011. (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 (2) transporting a child in a vehicle in which all seating positions equipped with child passenger safety seat systems or safety belts are occupied. (f) In this section: (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. (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. (3) "Safety belt" means a lap belt and any shoulder straps included as original equipment on or added to a vehicle. (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 (B) the manufacturer of the safety belt, if the safety belt has been added to the vehicle. (g) A judge, acting under Article 45.0511, Code of Criminal Procedure, who elects to defer further proceedings and to place a defendant accused of a violation of this section on probation under that article, in lieu of requiring the defendant to complete a driving safety course approved by the Texas Education Agency, shall require the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course approved by the Texas Education Agency under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes) that includes four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts and emphasizes: (1) the effectiveness of child passenger safety seat systems and seat belts in reducing the harm to children being transported in motor vehicles; and (2) the requirements of this section and the penalty for noncompliance. (h) 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 this section. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers. |
