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Signed Into Law
Signed May 20, 2025Effective 2025-09-01
SB305

Regular Session

Relating to the criminal offense of passing certain vehicles on a highway.

Government Affairs & Regulatory Compliance Analysis

SB305: Government Affairs Overview

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.

Sen. Charles Perry·Senate Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01
Business Impact

Who SB305 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: moderate

Notable regulatory updates (effective 2025-09-01). Consider how these changes may affect your operations.

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Transportation

Affected business types:

  • Trucking companies
  • Towing operators
  • Fleet operators
  • Logistics providers
View all transportation legislation

Key Operational Considerations

  • 1Policy Acknowledgment: Issue a mandatory Safety Bulletin by August 2025. Require a digital signature from every driver acknowledging they understand the expanded "Move Over" requirements.

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

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SB305
Moderate
Relating to the criminal offense of passing certain vehicles on a highway.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Local Law Enforcement AgenciesTexas Department of Public Safety
Primary Author: Sen. Charles Perry
89th Texas Legislature
jdkey.com
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Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: August 31, 2025 (Driver training and policy acknowledgments must be completed prior to enforcement).
  • Agency Rulemaking: None anticipated. The statute relies on existing lighting standards under Transportation Code § 547.105. Do not wait for further guidance; the text is final.

Immediate Action Plan

  • 1. Audit Training Materials: Identify all driver safety manuals and presentations that list "protected vehicles" and add animal control/parking enforcement by June 1, 2025.
  • 2. Verify Fleet Equipment: If you operate field service trucks, ensure your own lighting is compliant so your drivers are protected if *they* are stopped on the roadside.
  • 3. Issue Fleet Alert: Distribute a "Know the Law" memo to all drivers in August 2025, emphasizing that the "Move Over" law now applies to virtually all service vehicles.
  • 4. Review Insurance Policy: Confirm with your broker whether legal defense costs for criminal traffic citations incurred during work hours are covered or excluded.

Operational Changes Required

Contracts

  • Subcontractor MSAs: Update Master Service Agreements for independent owner-operators and logistics providers. Insert a clause requiring adherence to the amended Transportation Code § 545.157. Indemnification clauses should be reviewed to ensure they cover fines/legal costs resulting from "Move Over" violations.
  • Municipal Service Contracts: If your business contracts with local governments for animal carcass removal or parking enforcement, review equipment provisions. To claim statutory protection, your vehicles must be equipped with compliant visual signals. Non-compliant vehicles will not be afforded "protected status" under this law.

Hiring/Training

  • Curriculum Update: Revise CDL and non-CDL defensive driving modules immediately. Drivers are conditioned to react to red/blue (police) and amber (tow/construction) lights. They must now be trained to yield to any vehicle displaying flashing lights on the roadside, regardless of color or vehicle type.
  • Policy Acknowledgment: Issue a mandatory Safety Bulletin by August 2025. Require a digital signature from every driver acknowledging they understand the expanded "Move Over" requirements.

Reporting & Record-Keeping

  • Accident Investigation Forms: Update internal crash report forms. Add a specific field to identify if the other vehicle was a "stationary protected vehicle" (animal control/parking enforcement). This data is critical for early liability assessment by legal counsel.
  • Training Logs: Maintain auditable records of the specific training update. In the event of a catastrophic accident, these logs are your primary defense against claims of negligent entrustment or training.

Fees & Costs

  • Fines: Standard misdemeanor fines ($200–$500), escalating to $500+ and potential jail time if bodily injury occurs.
  • Insurance: Convictions are moving violations. A pattern of these violations across a fleet will negatively impact commercial auto insurance experience modifiers.

Strategic Ambiguities & Considerations

  • "Visual Signals" Consistency: The statute references Section 547.105 for lighting standards, but animal control and private contractor vehicles often lack uniform lighting configurations (varying between amber, white, or other colors).
  • *Operational Risk:* A driver may claim they did not recognize the vehicle as a "protected" class due to non-standard lighting.
  • *Guidance:* Instruct drivers to treat all flashing lights on the shoulder as a mandate to move over. Do not rely on vehicle markings or light color for decision-making.
  • Private Contractors vs. Official Vehicles: The law protects "authorized" individuals removing carcasses. This creates a gray area regarding unmarked private trucks using temporary magnetic lights.
  • *Guidance:* Assume any vehicle engaged in roadside work is protected.

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JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Nov 12, 2024
Passed Senate
Apr 10, 2025
Passed House
May 7, 2025
Signed
May 20, 2025
Effective
Sep 1, 2025
TopicsVehicles & TrafficVehicles & Traffic--rules of RoadAnimalsCrimesCrimes--miscellaneous
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Senate Authors

Sen. Charles PerryRepublican · Primary Author
Coauthors (1)

House Sponsor

Rep. Ken KingRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Sen. Charles Perry

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about SB305

Q

What does Texas SB305 do?

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.

Q

Who authored SB305?

SB305 was authored by Texas Senator Charles Perry during the Regular Session.

Q

When was SB305 signed into law?

SB305 was signed into law by Governor Greg Abbott on May 20, 2025.

Q

Which agencies enforce SB305?

SB305 is enforced by Local Law Enforcement Agencies (Police/Sheriff) and Texas Department of Public Safety.

Q

How significant are the changes in SB305?

The regulatory priority for SB305 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB305?

The cost impact of SB305 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB305 address?

SB305 addresses topics including vehicles & traffic, vehicles & traffic--rules of road, animals, crimes and crimes--miscellaneous.

Q

What are the key dates for SB305?

Key dates for SB305: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Q

What are the penalties under SB305?

SB305 establishes the following penalties: criminal penalty of Standard traffic misdemeanor fines (varies by jurisdiction; typically $200-$500, higher if bodily injury occurs) for Failure to vacate lane or slow to 20mph below posted limit when passing stationary animal control or parking enforcement vehicles using visual signals.. Consult with legal counsel for specific applicability to your situation.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026