[PBARC] New Texas Law as Sept 1st - So you know when you travel through Texas

[WOLF, EARNEST G]

All -

This is for real...

glenn=20





Must Read for Texas Drivers=20


Recent TEXAS LAW=20

If you travel through Texas, you may want to be aware of this recent =
law:=20
FYI - New Texas law regarding passing emergency vehicles (including =
police=20
cars that have people pulled over on the side of the road).=20


Must Read for Texas Drivers=20

Yesterday, I was driving into Houston along the Southwest Freeway =
around=20
12:30 PM.  I was in the far left lane doing the posted speed limit of =
65 and

going with the flow of traffic.=20

When I got over the Bissonnet/Braeswood overpass, there was an HPD =
squad=20
car parked on the left shoulder with the officer standing out in front =
of=20
his vehicle pointing his radar gun at oncoming cars.=20

Your inclination automatically tells you to slow down, whether you were =

speeding or not.=20

Not a 1/2 mile down the freeway, there was another HPD officer that had =

someone pulled over on the left shoulder giving the person a ticket.  I =

thought, man this was an obvious speed trap and kept on going.  I had=20
slowed down to around 60 at that point as now the posted speed limit =
was 60.


About a mile up the road, around Gessner, another HPD officer had =
someone=20
else pulled over to give them a ticket and literally in front of that=20
traffic stop was another HPD officer (yes we are up to 4 cop cars now =
in=20
about a mile) walking around to the front of his car.=20

Just as I was approaching him, he pointed his radar gun at me and =
signaled=20
for me to pull over.  I was shocked, because I know that I was going =
the=20
posted speed limit(60) as I immediately looked at my speedometer.=20

The officer came to my window and said "do you know how fast you were=20
going?" I said yes, I was going 60.  He said "you were doing 58" and he =

showed me his radar gun, which read 58.  I said okay.  He said "you =
failed=20
to slow your speed down by 20 MPH or move over to the adjacent lane =
when=20
an emergency vehicle was stopped in the flow of traffic."  I said, I =
did not

know that was a law (of course that is never a defense) and he said it =
was=20
and asked for my license.  I offered that and my concealed handgun =
license=20
to him (as I am required by law, being a CHL carrier), as well as the=20
knowledge that I was carrying my pistol under the rear passenger seat.=20

The officer wrote me a ticket that carries a $200 maximum fine for this
infraction.=20

Come to find out, this is a new state law as of September 1, 2003.=20
Here's the actual text of the new statute (SB 193, now codified as=20

=A7545.157. Passing Authorized Emergency Vehicle:=20

AN ACT  relating to vehicles passing certain stationary emergency =
vehicles=20
on a highway; providing a penalty.=20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:=20

SECTION 1. This Act may be cited as the Move Over Act.=20

SECTION 2. Subchapter D, Chapter 545, Transportation Code, is amended =
by=20
adding Section 545.157 to read as follows:=20


Sec. 545.157. PASSING AUTHORIZED EMERGENCY VEHICLE.=20
(a) On approaching a stationary authorized emergency vehicle using=20
visual signals that meet the requirements of Sections 547.305 and =
547.702,
an=20
operator, unless otherwise directed by a police officer, shall:=20

(1) vacate the lane closest to the emergency vehicle when driving on=20
a highway with two or more lanes traveling in the direction of the =
emergency
vehicle; or=20

(2) slow to a speed not to exceed:=20
(A) 20 miles per hour less than the posted speed limit when the=20
posted speed limit is 25 miles per hour or more; or=20
(B) five miles per hour when the posted speed limit is less than=20
25 miles per hour.=20

(b) A violation of this section is:=20

(1) a misdemeanor punishable under Section 542.401;=20
(2) a misdemeanor punishable by a fine of $500 if the violation=20
results in property damage; or=20

(3) a Class B misdemeanor if the violation results in bodily injury.=20
(c) If conduct constituting an offense under this section also=20
constitutes an offense under another section of this code or the Penal=20
Code, the actor may be prosecuted under either section or under both
sections.=20

SECTION 3. This Act takes effect September 1, 2003