Regular Session
Texas Department of Public Safety • Local Law Enforcement Agencies (Police/Sheriff)
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This bill's path through the Texas Legislature
BILL ANALYSIS
| Senate Research Center | S.B. 305 |
| 89R850 SRA-D | By: Perry |
| Transportation | |
| 2/6/2025 | |
| As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Texas law requires drivers to slow down 20 miles per hour less than the posted speed limit or move over an entire lane if a driver is approaching certain vehicles that are parked on the side of the highway. Currently, this law applies to emergency vehicles, tow trucks, TxDOT trucks, utility vehicles, municipal waste trucks, and toll operator vehicles.
Tragically, on October 13, 2022, two City of Levelland Animal Control Officers were parked on the side of US Highway 385 when they were struck by another vehicle. Crystal Goforth, 38, died at the scene and Jon Corder, 41, was transported to the hospital and died of his injuries several days later.
This legislation adds animal control officers and parking enforcement employees to the slow down or move over law. Adding these types of vehicles to this statute will help ensure that drivers stay clear of both animal control officers and parking enforcement employees when they are working on the side of our roadways.
As proposed, S.B. 305 amends current law relating to the criminal offense of passing certain vehicles on a highway.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 545.157(a), Transportation Code, as follows:
(a) Provides that Section 545.157 (Passing Certain Vehicles) applies only to the following vehicles:
(1)-(4) makes no changes to these subdivisions;
(5)-(6) makes nonsubstantive changes to these subdivisions;
(7) a vehicle operated by an animal control officer, as defined by Section 829.001 (Definitions), Health and Safety Code, for the purpose of removing an animal or animal carcass from a roadway, or an individual authorized to dispose of a carcass of an animal under Section 361.117 (Disposal of Carcasses of Animals Killed on Roadways), Health and Safety Code, for the purpose of removing an animal carcass from a roadway, and using visual signals that comply with the standards and specifications adopted under Section 547.105 (Lighting Standards for Certain Vehicles); and
(8) a vehicle operated by an employee of a local authority for the purpose of issuing a parking citation and using visual signals that comply with the standards and specifications adopted under Section 547.105.
SECTION 2. Effective date: September 1, 2025.
| S.B. No. 305 | ||
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| relating to the criminal offense of passing certain vehicles on a | ||
| highway. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 545.157(a), Transportation Code, is | ||
| amended 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 using equipment authorized | ||
| by Section 547.305(d); | ||
| (3) a Texas Department of Transportation vehicle or a | ||
| highway maintenance or construction vehicle operated pursuant to a | ||
| contract awarded under Subchapter A, Chapter 223, 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; | ||
| (4) a service vehicle used by or for a utility, as | ||
| defined by Section 203.091, and using visual signals that comply | ||
| with the standards and specifications adopted under Section | ||
| 547.105; | ||
| (5) a stationary vehicle used exclusively to transport | ||
| municipal solid waste, as defined by Section 361.003, Health and | ||
| Safety Code, or recyclable material, as defined by Section 361.421, | ||
| Health and Safety Code, while being operated in connection with the | ||
| removal or transportation of municipal solid waste or recyclable | ||
| material from a location adjacent to the highway; [ |
||
| (6) a vehicle operated by or pursuant to a contract | ||
| with a toll project entity, as defined by Section 372.001, using | ||
| visual signals that comply with the standards and specifications | ||
| adopted under Section 547.105; | ||
| (7) a vehicle operated by an animal control officer, | ||
| as defined by Section 829.001, Health and Safety Code, for the | ||
| purpose of removing an animal or animal carcass from a roadway, or | ||
| an individual authorized to dispose of a carcass of an animal under | ||
| Section 361.117, Health and Safety Code, for the purpose of | ||
| removing an animal carcass from a roadway, and using visual signals | ||
| that comply with the standards and specifications adopted under | ||
| Section 547.105; and | ||
| (8) a vehicle operated by an employee of a local | ||
| authority for the purpose of issuing a parking citation and using | ||
| visual signals that comply with the standards and specifications | ||
| adopted under Section 547.105. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
| TO: | Honorable Robert Nichols, Chair, Senate Committee on Transportation |
| FROM: | Jerry McGinty, Director, Legislative Budget Board |
| IN RE: | SB305 by Perry (Relating to the criminal offense of passing certain vehicles on a highway.), As Introduced |
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety |
| LBB Staff: | JMc, AAL, CSh, KVEL |
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Common questions about SB305
Effective September 1, 2025, Texas SB305 expands the "Move Over/Slow Down" mandates (Transportation Code § 545. 157) to include stationary animal control and parking enforcement vehicles utilizing visual signals. This legislation creates immediate criminal liability for drivers and establishes "negligence per se" exposure for fleet operators in civil litigation involving collisions with these newly protected vehicle classes.
SB305 was authored by Texas Senator Charles Perry during the Regular Session.
SB305 was signed into law by Governor Greg Abbott on May 20, 2025.
SB305 is enforced by Texas Department of Public Safety and Local Law Enforcement Agencies (Police/Sheriff).
The compliance urgency for SB305 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
The cost impact of SB305 is estimated as "low". This may vary based on industry and implementation requirements.
SB305 addresses topics including vehicles & traffic, vehicles & traffic--rules of road, animals, crimes and crimes--miscellaneous.
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