Bill Text: TX HB2807 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to regulation and liability of certain vehicles on a highway; increasing a criminal penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-05-03 - Considered in Local & Consent Calendars [HB2807 Detail]

Download: Texas-2019-HB2807-Comm_Sub.html
  86R19411 AAF-F
 
  By: Guillen H.B. No. 2807
 
  Substitute the following for H.B. No. 2807:
 
  By:  King of Uvalde C.S.H.B. No. 2807
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regulation and liability of certain vehicles on a
  highway; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 545.157, Transportation Code, is amended
  by amending Subsections (a) and (c) and adding Subsection (c-1) to
  read as follows:
         (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 performing towing duties
  under Chapter 2308, Occupations Code, and 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.
         (c)  A person who violates Subsection (b) commits an offense.
  An offense under [violation of] this subsection [section] is[:
               [(1)]  a misdemeanor punishable by a fine of not less
  than $250 or more than $500, except that the offense is:
               (1)  [under Section 542.401;
               [(2)]  a misdemeanor punishable by a fine of not less
  than $500 or more than $1,000 if the violation results in property
  damage; or
               (2) [(3)]  a Class B misdemeanor if the violation
  results in bodily injury.
         (c-1)  On conviction of an offense under this section, the
  court shall require the person to complete a driving safety course
  approved under Chapter 1001, Education Code.
         SECTION 2.  Section 545.3051(e), Transportation Code, is
  amended to read as follows:
         (e)  Notwithstanding any other provision of law, an
  authority, [or] a law enforcement agency, or a towing company
  performing towing duties under Chapter 2308, Occupations Code,
  authorized by an authority or 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.
         SECTION 3.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act.  An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose.  For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2019.
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