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2009 Texas Code
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
CHAPTER 547. VEHICLE EQUIPMENT

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 547. VEHICLE EQUIPMENT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 547.001. DEFINITIONS. In this chapter:

(1) "Air-conditioning equipment" means mechanical vapor

compression refrigeration equipment used to cool a motor vehicle

passenger or operator compartment.

(2) "Explosive cargo vehicle" means a motor vehicle used to

transport explosives or a cargo tank truck used to transport a

flammable liquid or compressed gas.

(2-a) "Golf cart" has the meaning assigned by Section 502.001.

(3) "Light transmission" means the ratio of the amount of light

that passes through a material to the amount of light that falls

on the material and the glazing.

(4) "Luminous reflectance" means the ratio of the amount of

light that is reflected by a material to the amount of light that

falls on the material.

(5) "Multipurpose vehicle" means a motor vehicle that is:

(A) designed to carry 10 or fewer persons; and

(B) constructed on a truck chassis or with special features for

occasional off-road use.

(6) "Safety glazing material" includes only a glazing material

that is constructed, treated, or combined with another material

to reduce substantially, as compared to ordinary sheet or plate

glass, the likelihood of injury to persons by an external object

or by cracked or broken glazing material.

(7) "Slow-moving vehicle" means:

(A) a motor vehicle designed to operate at a maximum speed of 25

miles per hour or less, not including an electric personal

assistive mobility device, as defined by Section 551.201; or

(B) a vehicle, implement of husbandry, or machinery, including

road construction machinery, that is towed by:

(i) an animal; or

(ii) a motor vehicle designed to operate at a maximum speed of

25 miles per hour or less.

(8) "Slow-moving-vehicle emblem" means a triangular emblem that

conforms to standards and specifications adopted by the director

under Section 547.104.

(9) "Sunscreening device" means a film, material, or device that

meets the department's standards for reducing effects of the sun.

(10) "Vehicle equipment" means:

(A) a system, part, or device that is manufactured or sold as

original or replacement equipment or as a vehicle accessory; or

(B) a device or apparel manufactured or sold to protect a

vehicle operator or passenger.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 1318, Sec. 3, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1136, Sec. 7, eff. September 1, 2009.

Sec. 547.002. APPLICABILITY. Unless a provision is specifically

made applicable, this chapter and the rules of the department

adopted under this chapter do not apply to:

(1) an implement of husbandry;

(2) road machinery;

(3) a road roller;

(4) a farm tractor;

(5) a bicycle, a bicyclist, or bicycle equipment;

(6) an electric bicycle, an electric bicyclist, or electric

bicycle equipment; or

(7) a golf cart that is operated only as authorized by Section

551.403.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 896, Sec. 2, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1085, Sec. 8, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1136, Sec. 8, eff. September 1, 2009.

Sec. 547.003. EQUIPMENT NOT AFFECTED. This chapter does not

prohibit and the department by rule may not prohibit the use of:

(1) equipment required by an agency of the United States; or

(2) a part or accessory not inconsistent with this chapter or a

rule adopted under this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.004. GENERAL OFFENSES. (a) A person commits an

offense that is a misdemeanor if the person operates or moves or,

as an owner, knowingly permits another to operate or move, a

vehicle that:

(1) is unsafe so as to endanger a person;

(2) is not equipped in a manner that complies with the vehicle

equipment standards and requirements established by this chapter;

(3) is equipped in a manner prohibited by this chapter.

(b) A person commits an offense that is a misdemeanor if the

person operates a vehicle equipped with an item of vehicle

equipment that the person knows has been determined in a

compliance proceeding under Section 547.206 to not comply with a

department standard.

the defendant:

(1) remedies the defect before the defendant's first court

appearance; and

(2) pays an administrative fee not to exceed $10.

(d) Subsection (c) does not apply to an offense involving a

commercial motor vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1027, Sec. 10, eff. September 1, 2007.

Sec. 547.005. OFFENSE RELATING TO VIOLATION OF SPECIAL-USE

PROVISIONS. (a) A person may not use a slow-moving-vehicle

emblem on a stationary object or a vehicle other than a

slow-moving vehicle.

(b) A person may not operate a motor vehicle bearing the words

"school bus" unless the vehicle is used primarily to transport

persons to or from school or a school-related activity. In this

subsection, "school" means a privately or publicly supported

elementary or secondary school, day-care center, preschool, or

institution of higher education and includes a church if the

church is engaged in providing formal education.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. ADOPTION OF RULES AND STANDARDS

Sec. 547.101. RULES AND STANDARDS IN GENERAL. (a) The

department may adopt rules necessary to administer this chapter.

(b) The department may adopt standards for vehicle equipment to:

(1) protect the public from unreasonable risk of death or

injury; and

(2) enforce safety standards of the United States as permitted

under the federal motor vehicle act.

(1) duplicate a standard of the United States that applies to

the same aspect of vehicle equipment performance as the

department standard; or

(2) if there is no standard of the United States for the same

aspect of vehicle equipment performance as the department

standard, conform as closely as possible to a relevant standard

of the United States, similar standards established by other

states, and a standard issued or endorsed by recognized national

standard-setting organizations or agencies.

(d) The department may not adopt a vehicle equipment standard

inconsistent with a standard provided by this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.102. SCHOOL BUS EQUIPMENT STANDARDS. The department

may adopt standards and specifications that:

(1) supplement the standards and specifications provided by this

chapter;

(2) apply to lighting and warning device equipment required for

a school bus; and

(3) at the time adopted, correlate with and conform as closely

as possible to specifications approved by the Society of

Automotive Engineers.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.103. AIR-CONDITIONING EQUIPMENT STANDARDS. The

department may adopt safety requirements, rules, and

specifications that:

(1) apply to air-conditioning equipment; and

(2) correlate with and conform as closely as possible to

recommended practices or standards approved by the Society of

Automotive Engineers.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.104. SLOW-MOVING-VEHICLE EMBLEM STANDARDS. The

director shall adopt standards and specifications that:

(1) apply to the color, size, and mounting position of a

slow-moving-vehicle emblem; and

(2) at the time adopted, correlate with and conform as closely

as practicable to the standards and specifications adopted or

approved by the American Society of Agricultural Engineers for a

uniform emblem to identify a slow-moving vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.105. MAINTENANCE AND SERVICE EQUIPMENT LIGHTING

STANDARDS. (a) The Texas Department of Transportation shall

adopt standards and specifications that:

(1) apply to lamps on highway maintenance and service equipment,

including snow-removal equipment; and

(2) correlate with and conform as closely as possible to

standards and specifications approved by the American Association

of State Highway and Transportation Officials.

(b) The Texas Department of Transportation may adopt standards

and specifications for lighting that permit the use of flashing

lights for identification purposes on highway maintenance and

service equipment, including snow-removal equipment.

are in lieu of the standards and specifications otherwise

provided by this chapter for lamps on vehicles.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. PROVISIONS RELATING TO THE OFFER, DISTRIBUTION, AND

SALE OF VEHICLE EQUIPMENT

Sec. 547.201. OFFENSES RELATING TO THE OFFER, DISTRIBUTION, AND

SALE OF VEHICLE EQUIPMENT. (a) A person may not offer or

distribute for sale or sell an item of vehicle equipment for

which a standard is prescribed by this chapter or the department

and that does not comply with the standard. It is an affirmative

defense to prosecution under this subsection that the person did

not have reason to know in the exercise of due care that the item

did not comply with the applicable standard.

(b) A person may not offer or distribute for sale or sell an

item of vehicle equipment for which a standard is prescribed by

this chapter or the department, unless the item or its package:

(1) bears the manufacturer's trademark or brand name; or

(2) complies with each applicable identification requirement

established by an agency of the United States or the department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.202. DEPARTMENT CERTIFICATION OR APPROVAL OF VEHICLE

EQUIPMENT. (a) When or after an item of vehicle equipment is

sold in this state, the department shall determine whether a

department standard is prescribed for the item. If a department

standard is prescribed, the department shall determine whether

the item complies with the standard.

(b) If a standard of an agency of the United States or of the

department is not prescribed, the department by rule may require

departmental approval before the sale of the item.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.203. VEHICLE EQUIPMENT TESTING: DEPARTMENT STANDARDS.

(a) The department shall prescribe standards for and approve

testing facilities to:

(1) review test data submitted by a manufacturer to show

compliance with a department standard; and

(2) test an item of vehicle equipment independently in

connection with a proceeding to determine compliance with a

department standard.

(b) The department may not impose a product certification or

approval fee, including a fee for testing facility approval.

(1) by rule, require a manufacturer of an item of vehicle

equipment sold in this state to submit adequate test data to show

that the item complies with department standards;

(2) periodically require a manufacturer to submit revised test

data to demonstrate continuing compliance;

(3) purchase an item of vehicle equipment at retail for the

purpose of review and testing under Subsection (a); and

(4) enter into cooperative arrangements with other states and

interstate agencies to reduce duplication of testing and to

facilitate compliance with rules under Subsection (c)(1).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.204. VEHICLE EQUIPMENT TESTING: FEDERAL STANDARDS. (a)

For a vehicle or item of vehicle equipment subject to a motor

vehicle safety standard of the United States, the department may,

on or after the first sale of the vehicle or item of vehicle

equipment:

(1) require the manufacturer to submit adequate test data to

show that the vehicle or item of vehicle equipment complies with

standards of the United States;

(2) review the manufacturer's laboratory test data and the

qualifications of the laboratory; and

(3) independently test the vehicle or item of vehicle equipment.

(b) The department may not require certification or approval of

an item of vehicle equipment subject to a motor vehicle safety

standard of the United States.

or of an item of vehicle equipment subject to a motor vehicle

safety standard of the United States to use an outside laboratory

or a specified laboratory.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.205. INITIATION OF COMPLIANCE PROCEEDING. (a) The

department may initiate a proceeding to determine whether an item

of vehicle equipment complies with a department standard if the

department reasonably believes that the item is being offered or

distributed for sale or sold in violation of the standard.

(b) The department shall send written notice of the proceeding

to the manufacturer of the item by certified mail, return receipt

requested.

(1) cite the standard that the item allegedly violates; and

(2) state that the manufacturer must file a written request with

the department for a hearing not later than the 30th day after

the date the notice is received to obtain a hearing on the issue

of compliance.

(d) When the department sends notice under Subsection (b), the

department shall require the manufacturer to submit to the

department, not later than the 30th day after the date the notice

is received, the names and addresses of the persons the

manufacturer knows to be offering the item for sale to retail

merchants.

(e) On receipt under Subsection (d) of the names and addresses,

the department shall send by certified mail, return receipt

requested, written notice of the compliance proceeding to those

persons.

(f) The notice must:

(1) cite the standard that the item allegedly violates;

(2) state that the manufacturer of the item has been notified

and may request a hearing on the issue of compliance before a

stated date;

(3) state that if the manufacturer or another person requests a

hearing, the person may appear at the hearing;

(4) state that if the manufacturer does not request a hearing,

the person may request a hearing by filing a written request with

the department not later than the 30th day after the date notice

is received; and

(5) state that the person may determine from the department

whether a hearing will be held and the time and place of the

hearing.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.206. COMPLIANCE PROCEEDING HEARING. The department

shall conduct a hearing on the issue of compliance if a person

required by Section 547.205 to be notified requests a hearing in

the manner and within the time specified by that section.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.207. COMPLIANCE PROCEEDING ISSUES. (a) In a hearing

under Section 547.206 or in the absence of a request for a

hearing, the department may make a determination of the following

issues only:

(1) whether an item of vehicle equipment has been offered,

distributed, or sold in violation of a department standard;

(2) whether the manufacturer did not submit test data required

by the department under Section 547.203; and

(3) whether an item of vehicle equipment has been offered,

distributed, or sold without the identification required by

Section 547.201.

(b) The department by order shall prohibit the manufacture,

offer for sale, distribution for sale, or sale of the item if the

department finds affirmatively on at least one of the issues.

notice by certified mail, return receipt requested, to each

person the department notified under Section 547.205.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.208. JUDICIAL REVIEW AND JUDICIAL ENFORCEMENT. (a) A

person may appeal an order entered under Section 547.207 to a

district court in Travis County only if a hearing was held by the

department and the person:

(1) is aggrieved by the order; and

(2) appeared at the hearing on compliance.

(b) The department may bring suit in a district court of Travis

County for an injunction to prohibit the manufacture, offer,

distribution, or sale of an item of vehicle equipment that is the

subject of a department order entered under Section 547.207. The

attorney general shall represent the department in the suit.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. GENERAL PROVISIONS REGARDING LIGHTING REQUIREMENTS

Sec. 547.301. GENERAL PROVISIONS RELATING TO MEASUREMENTS. (a)

Unless expressly stated otherwise, a visibility distance

requirement imposed by this chapter for a lamp or device applies

when a lighted lamp or device is required and is measured as if

the vehicle were unloaded and on a straight, level, unlighted

highway under normal atmospheric conditions.

(b) A mounted height requirement imposed by this chapter for a

lamp or device is measured as if the vehicle were unloaded and on

level ground and is measured from the center of the lamp or

device to the ground.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.302. DUTY TO DISPLAY LIGHTS. (a) A vehicle shall

display each lighted lamp and illuminating device required by

this chapter to be on the vehicle:

(1) at nighttime; and

(2) when light is insufficient or atmospheric conditions are

unfavorable so that a person or vehicle on the highway is not

clearly discernible at a distance of 1,000 feet ahead.

(b) A signaling device, including a stoplamp or a turn signal

lamp, shall be lighted as prescribed by this chapter.

the front of a motor vehicle.

(d) Not more than four of the following may be lighted at one

time on the front of a motor vehicle:

(1) a headlamp required by this chapter; or

(2) a lamp, including an auxiliary lamp or spotlamp, that

projects a beam with an intensity brighter than 300 candlepower.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.303. COLOR REQUIREMENTS. (a) Unless expressly

provided otherwise, a lighting device or reflector mounted on the

rear of a vehicle must be or reflect red.

(b) A signaling device mounted on the rear of a vehicle may be

red, amber, or yellow.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.304. APPLICABILITY. (a) A provision of this chapter

that requires a vehicle to be equipped with fixed electric lights

does not apply to a farm trailer or fertilizer trailer registered

under Section 504.504 or a boat trailer with a gross weight of

3,000 pounds or less if the trailer is not operated at a time or

under a condition specified by Section 547.302(a).

(b) Except for Sections 547.323 and 547.324, a provision of this

chapter that requires a vehicle to be equipped with fixed

electric lights does not apply to a boat trailer with a gross

weight of less than 4,500 pounds if the trailer is not operated

at a time or under a condition specified by Section 547.302(a).

chapter that requires a vehicle to be equipped with lamps,

reflectors, and lighting equipment does not apply to a mobile

home if the mobile home:

(1) is moved under a permit issued by the Texas Department of

Transportation under Subchapter D, Chapter 623; and

(2) is not moved at a time or under a condition specified by

Section 547.302(a).

(d) A mobile home lighted as provided by this section may be

moved only during daytime.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

280, Sec. 4, eff. June 15, 2007.

Sec. 547.305. RESTRICTIONS ON USE OF LIGHTS. (a) A motor

vehicle lamp or illuminating device, other than a headlamp,

spotlamp, auxiliary lamp, turn signal lamp, or emergency vehicle

or school bus warning lamp, that projects a beam with an

intensity brighter than 300 candlepower shall be directed so that

no part of the high-intensity portion of the beam strikes the

roadway at a distance of more than 75 feet from the vehicle.

(b) Except as expressly authorized by law, a person may not

operate or move equipment or a vehicle, other than a police

vehicle, with a lamp or device that displays a red light visible

from directly in front of the center of the equipment or vehicle.

red, white, or blue beacon, flashing, or alternating light unless

the equipment is:

(1) used as specifically authorized by this chapter; or

(2) a running lamp, headlamp, taillamp, backup lamp, or turn

signal lamp that is used as authorized by law.

(d) A vehicle may be equipped with alternately flashing lighting

equipment described by Section 547.701 or 547.702 only if the

vehicle is:

(1) a school bus;

(2) an authorized emergency vehicle;

(3) a church bus that has the words "church bus" printed on the

front and rear of the bus so as to be clearly discernable to

other vehicle operators;

(4) a tow truck while under the direction of a law enforcement

officer at the scene of an accident or while hooking up to a

disabled vehicle on a roadway; or

(5) a tow truck with a mounted light bar which has turn signals

and stop lamps in addition to those required by Sections 547.322,

547.323, and 547.324, Transportation Code.

(e) A person may not operate highway maintenance or service

equipment, including snow-removal equipment, that is not equipped

with lamps or that does not display lighted lamps as required by

the standards and specifications adopted by the Texas Department

of Transportation.

(f) In this section "tow truck" means a motor vehicle or

mechanical device that is adapted or used to tow, winch, or move

a disabled vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 380, Sec. 1, eff. July 1,

1999.

SUBCHAPTER E. GENERAL LIGHTING REQUIREMENTS FOR VEHICLES

Sec. 547.321. HEADLAMPS REQUIRED. (a) A motor vehicle shall be

equipped with at least two headlamps.

(b) At least one headlamp shall be mounted on each side of the

front of the vehicle.

inches.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.3215. USE OF FEDERAL STANDARD. Unless specifically

prohibited by this chapter, lighting, reflective devices, and

associated equipment on a vehicle or motor vehicle must comply

with:

(1) the current federal standards in 49 C.F.R. Section 571.108;

(2) the federal standards in that section in effect, if any, at

the time the vehicle or motor vehicle was manufactured.

Added by Acts 1997, 75th Leg., ch. 324, Sec. 1, eff. Sept. 1,

1997.

Sec. 547.322. TAILLAMPS REQUIRED. (a) Except as provided by

Subsection (b), a motor vehicle, trailer, semitrailer, pole

trailer, or vehicle that is towed at the end of a combination of

vehicles shall be equipped with at least two taillamps.

(b) A passenger car or truck that was manufactured or assembled

before the model year 1960 shall be equipped with at least one

taillamp.

(1) at a height from 15 to 72 inches; and

(2) at the same level and spaced as widely apart as practicable

if a vehicle is equipped with more than one lamp.

(d) A taillamp shall emit a red light plainly visible at a

distance of 1,000 feet from the rear of the vehicle.

(e) If vehicles are traveling in combination, only the taillamps

on the rearmost vehicle are required to emit a light for the

distance specified in Subsection (d).

(f) A taillamp or a separate lamp shall be constructed and

mounted to emit a white light that:

(1) illuminates the rear license plate; and

(2) makes the plate clearly legible at a distance of 50 feet

from the rear.

(g) A taillamp, including a separate lamp used to illuminate a

rear license plate, must emit a light when a headlamp or

auxiliary driving lamp is lighted.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.323. STOPLAMPS REQUIRED. (a) Except as provided by

Subsection (b), a motor vehicle, trailer, semitrailer, or pole

trailer shall be equipped with at least two stoplamps.

(b) A passenger car manufactured or assembled before the model

year 1960 shall be equipped with at least one stoplamp.

(d) A stoplamp shall emit a red or amber light, or a color

between red and amber, that is:

(1) visible in normal sunlight at a distance of at least 300

feet from the rear of the vehicle; and

(2) displayed when the vehicle service brake is applied.

(e) If vehicles are traveling in combination, only the stoplamps

on the rearmost vehicle are required to emit a light for the

distance specified in Subsection (d).

(f) A stoplamp may be included as a part of another rear lamp.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.324. TURN SIGNAL LAMPS REQUIRED. (a) Except as

provided by Subsection (b), a motor vehicle, trailer,

semitrailer, or pole trailer shall be equipped with electric turn

signal lamps that indicate the operator's intent to turn by

displaying flashing lights to the front and rear of a vehicle or

combination of vehicles and on that side of the vehicle or

combination toward which the turn is to be made.

(b) Subsection (a) does not apply to a passenger car or truck

less than 80 inches wide manufactured or assembled before the

model year 1960.

(1) shall be mounted at the same level and spaced as widely

apart as practicable on the front and on the rear of the vehicle;

and

(2) may be included as a part of another lamp on the vehicle.

(d) A turn signal lamp shall emit:

(1) a white or amber light, or a color between white and amber,

if the lamp is mounted on the front of the vehicle; or

(2) a red or amber light, or a color between red and amber, if

the lamp is mounted on the rear of the vehicle.

(e) A turn signal lamp must be visible in normal sunlight at a

distance of:

(1) at least 500 feet from the front and rear of the vehicle if

the vehicle is at least 80 inches wide; and

(2) at least 300 feet from the front and rear of the vehicle if

the vehicle is less than 80 inches wide.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.325. REFLECTORS REQUIRED. (a) Except as provided by

Subchapter F, a motor vehicle, trailer, semitrailer, or pole

trailer shall be equipped with at least two red reflectors on the

rear of the vehicle. A red reflector may be included as a part of

a taillamp.

(b) A reflector shall be:

(1) mounted at a height from 15 to 60 inches; and

(2) visible at night at all distances:

(A) from 100 to 600 feet when directly in front of lawful lower

beams of headlamps; or

(B) from 100 to 350 feet when directly in front of lawful upper

beams of headlamps if the vehicle was manufactured or assembled

before January 1, 1972.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.326. MINIMUM LIGHTING EQUIPMENT REQUIRED. (a) A

vehicle that is not specifically required to be equipped with

lamps or other lighting devices shall be equipped at the times

specified in Section 547.302(a) with at least one lamp that emits

a white light visible at a distance of at least 1,000 feet from

the front and:

(1) two lamps that emit a red light visible at a distance of at

least 1,000 feet from the rear; or

(2) one lamp that emits a red light visible at a distance of at

least 1,000 feet from the rear and two red reflectors visible

when illuminated by the lawful lower beams of headlamps at all

distances from 100 to 600 feet to the rear.

(b) This section also applies to an animal-drawn vehicle and a

vehicle exempted from this chapter by Section 547.002.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.327. SPOTLAMPS PERMITTED. (a) A motor vehicle may be

equipped with not more than two spotlamps.

(b) A spotlamp shall be aimed so that no part of the

high-intensity portion of the beam strikes the windshield,

window, mirror, or occupant of another vehicle in use.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.328. FOG LAMPS PERMITTED. (a) A motor vehicle may be

equipped with not more than two fog lamps.

(b) A fog lamp shall be:

(1) mounted on the front of the vehicle at a height from 12 to

30 inches; and

(2) aimed so that no part of the high-intensity portion of the

beam from a lamp mounted to the left of center on a vehicle

projects a beam of light at a distance of 25 feet that is higher

than four inches below the level of the center of the lamp.

specified by Section 547.333.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.329. AUXILIARY PASSING LAMPS PERMITTED. (a) A motor

vehicle may be equipped with no more than two auxiliary passing

lamps.

(b) An auxiliary passing lamp shall be mounted on the front of

the vehicle at a height from 24 to 42 inches.

specified by Section 547.333.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.330. AUXILIARY DRIVING LAMPS PERMITTED. (a) A motor

vehicle may be equipped with no more than two auxiliary driving

lamps.

(b) An auxiliary driving lamp shall be mounted on the front of

the vehicle at a height from 16 to 42 inches.

specified by Section 547.333.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.331. HAZARD LAMPS PERMITTED. (a) A vehicle may be

equipped with lamps to warn other vehicle operators of a

vehicular traffic hazard that requires unusual care in

approaching, overtaking, or passing.

(b) The lamps shall be:

(1) mounted at the same level and spaced as widely apart as

practicable on the front and on the rear of the vehicle; and

(2) visible at a distance of at least 500 feet in normal

sunlight.

emit:

(1) a white or amber light, or a color between white and amber,

if the lamp is mounted on the front of the vehicle; or

(2) a red or amber light, or a color between red and amber, if

the lamp is mounted on the rear of the vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.332. OTHER LAMPS PERMITTED. A motor vehicle may be

equipped with:

(1) not more than two side cowl or fender lamps that emit an

amber or white light without glare;

(2) not more than two running board courtesy lamps, one on each

side of the vehicle, that emit an amber or white light without

glare; and

(3) one or more backup lamps that:

(A) emit an amber or white light only when the vehicle is not

moving forward; and

(B) may be displayed separately or in combination with another

lamp.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.333. MULTIPLE-BEAM LIGHTING EQUIPMENT REQUIRED. (a)

Unless provided otherwise, a headlamp, auxiliary driving lamp,

auxiliary passing lamp, or combination of those lamps mounted on

a motor vehicle, other than a motorcycle or motor-driven cycle:

(1) shall be arranged so that the operator can select at will

between distributions of light projected at different elevations;

and

(2) may be arranged so that the operator can select the

distribution automatically.

(b) A lamp identified by Subsection (a) shall produce:

(1) an uppermost distribution of light or composite beam that is

aimed and emits light sufficient to reveal a person or vehicle at

a distance of at least 450 feet ahead during all conditions of

loading; and

(2) a lowermost distribution of light or composite beam that:

(A) is aimed and emits light sufficient to reveal a person or

vehicle at a distance of at least 150 feet ahead; and

(B) is aimed so that no part of the high-intensity portion of

the beam on a vehicle that is operated on a straight, level road

under any condition of loading projects into the eyes of an

approaching vehicle operator.

shall select a distribution of light or composite beam that is

aimed and emits light sufficient to reveal a person or vehicle at

a safe distance ahead of the vehicle, except that:

(1) an operator approaching an oncoming vehicle within 500 feet

shall select:

(A) the lowermost distribution of light or composite beam,

regardless of road contour or condition of loading; or

(B) a distribution aimed so that no part of the high-intensity

portion of the lamp projects into the eyes of an approaching

vehicle operator; and

(2) an operator approaching a vehicle from the rear within 300

feet may not select the uppermost distribution of light.

(d) A motor vehicle of a model year of 1948 or later, other than

a motorcycle or motor-driven cycle, that has multiple-beam

lighting equipment shall be equipped with a beam indicator that

is:

(1) designed and located so that the lighted indicator is

visible without glare to the vehicle operator; and

(2) lighted only when the uppermost distribution of light is in

use.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.334. SINGLE-BEAM LIGHTING EQUIPMENT PERMITTED. (a) In

lieu of the multiple-beam lighting equipment required by Section

547.333, a headlamp system that provides a single distribution of

light and meets the requirements of Subsection (b) is permitted

for:

(1) a farm tractor; or

(2) a motor vehicle manufactured and sold before September 4,

1948.

(b) The headlamp system specified by Subsection (a) shall:

(1) emit a light sufficient to reveal a person or vehicle at a

distance of at least 200 feet; and

(2) be aimed so that no part of the high-intensity portion of

the lamp projects a beam:

(A) higher than five inches below the level of the center of the

lamp at a distance of 25 feet ahead; or

(B) higher than 42 inches above the ground at a distance of 75

feet ahead.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.335. ALTERNATIVE ROAD LIGHTING EQUIPMENT PERMITTED. In

lieu of the multiple-beam or single-beam lighting equipment

otherwise required by this subchapter, a motor vehicle that is

operated at a speed of not more than 20 miles per hour under the

conditions specified in Section 547.302(a) may be equipped with

two lighted lamps:

(1) mounted on the front of the vehicle; and

(2) capable of revealing a person or vehicle 100 feet ahead.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER F. ADDITIONAL LIGHTING REQUIREMENTS FOR CERTAIN LARGE

VEHICLES

Sec. 547.351. APPLICABILITY. The color, mounting, and

visibility requirements in this subchapter apply only to

equipment on a vehicle described by Section 547.352.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.352. ADDITIONAL LIGHTING EQUIPMENT REQUIREMENTS. In

addition to other equipment required by this chapter:

(1) a bus, truck, trailer, or semitrailer that is at least 80

inches wide shall be equipped with:

(A) two clearance lamps on the front, one at each side;

(B) two clearance lamps on the rear, one at each side;

front and one on each side at or near the rear;

(D) four reflectors, one on each side at or near the front and

one on each side at or near the rear; and

(E) hazard lamps that meet the requirements of Section 547.331;

(2) a bus or truck that is at least 30 feet long shall be

equipped with hazard lamps that meet the requirements of Section

547.331;

(3) a trailer or semitrailer that is at least 30 feet long shall

be equipped with:

(A) two side marker lamps, one centrally mounted on each side

with respect to the length of the vehicle;

(B) two reflectors, one centrally mounted on each side with

respect to the length of the vehicle; and

(4) a pole trailer shall be equipped with:

(A) two side marker lamps, one at each side at or near the front

of the load;

(B) one reflector at or near the front of the load;

(i) emits an amber light to the front and a red light to the

rear and side; and

(ii) is mounted on the rearmost support for the load to indicate

the maximum width of the trailer; and

(D) hazard lamps that meet the requirements of Section 547.331,

if the pole trailer is at least 30 feet long or at least 80

inches wide;

(5) a truck-tractor shall be equipped with:

(A) two clearance lamps, one at each side on the front of the

cab; and

(B) hazard lamps that meet the requirements of Section 547.331,

if the truck-tractor is at least 30 feet long or at least 80

inches wide; and

(6) a vehicle at least 80 inches wide may be equipped with:

(A) not more than three front identification lamps without

glare; and

(B) not more than three rear identification lamps without glare.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.353. COLOR REQUIREMENTS. (a) A clearance lamp,

identification lamp, side marker lamp, or reflector mounted on

the front, on the side near the front, or in the center of the

vehicle must be or reflect amber.

(b) A clearance lamp, identification lamp, side marker lamp, or

reflector mounted on the rear or the side near the rear of the

vehicle must be or reflect red.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.354. MOUNTING REQUIREMENTS. (a) A reflector shall be

mounted:

(1) at a height from 24 to 60 inches; or

(2) as high as practicable on the permanent structure of the

vehicle if the highest part of the permanent structure is less

than 24 inches.

(b) A rear reflector may be:

(1) included as a part of a taillamp if the reflector meets each

other requirement of this subchapter; and

(2) mounted on each side of the bolster or load, if the vehicle

is a pole trailer.

permanent structure of the vehicle to indicate the extreme height

and width of the vehicle, except that:

(1) a clearance lamp on a truck-tractor shall be mounted to

indicate the extreme width of the cab; and

(2) a front clearance lamp may be mounted at a height that

indicates, as near as practicable, the extreme width of the

trailer if mounting of the lamp as otherwise provided by this

section would not indicate the extreme width of the trailer.

(d) A clearance lamp and side marker lamp may be mounted in

combination if each lamp complies with the visibility

requirements of Section 547.355.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.355. VISIBILITY REQUIREMENTS. (a) A clearance lamp,

identification lamp, or side marker lamp shall be visible and

recognizable under normal atmospheric conditions at all distances

from 50 to 500 feet from the vehicle on the side, front, or rear

where the lamp is mounted.

(b) A reflector required by this chapter mounted on a vehicle

subject to this subchapter shall be visible from the rear, if a

rear reflector, or from the applicable side, if a side reflector,

at nighttime at all distances from 100 to 600 feet from the

vehicle when the reflector is directly in front of:

(1) lawful lower beams of headlamps; or

(2) lawful upper beams of headlamps on a vehicle manufactured or

assembled before January 1, 1972.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER G. ALTERNATIVE LIGHTING REQUIREMENTS FOR FARM

TRACTORS, FARM EQUIPMENT, AND IMPLEMENTS OF HUSBANDRY

Sec. 547.371. GENERAL LIGHTING EQUIPMENT REQUIREMENTS. (a)

Except as provided by Subsection (b), a farm tractor,

self-propelled unit of farm equipment, or implement of husbandry

shall be equipped with:

(1) at least two headlamps that comply with Section 547.333,

547.334, or 547.335;

(2) at least one red lamp visible at a distance of at least

1,000 feet from the rear and mounted as far to the left of the

center of the vehicle as practicable;

(3) at least two red reflectors visible at all distances from

100 to 600 feet from the rear when directly in front of lawful

lower beams of headlamps; and

(4) hazard lamps as described in Section 547.331, which shall be

lighted and visible in normal sunlight at a distance of at least

1,000 feet from the front and rear.

(b) A farm tractor, self-propelled unit of farm equipment, or

implement of husbandry manufactured or assembled on or before

January 1, 1972, is required to be equipped as provided by

Subsection (a) only at the times specified by Section 547.302(a),

and hazard lamps are not required.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.372. LIGHTING REQUIREMENTS FOR COMBINATION VEHICLES.

(a) If a unit of farm equipment or implement of husbandry is

towed by a farm tractor and the towed object or its load extends

more than four feet to the rear of the tractor or obscures a

light on the tractor, the towed object shall be equipped at the

times specified by Section 547.302(a) with at least two rear red

reflectors that are:

(1) visible at all distances from 100 to 600 feet when directly

in front of lawful lower beams of headlamps; and

(2) mounted to indicate, as nearly as practicable, the extreme

width of the vehicle or combination of vehicles.

(b) If a unit of farm equipment or implement of husbandry is

towed by a farm tractor and extends more than four feet to the

left of the centerline of the tractor, the towed object shall be

equipped at the times specified by Section 547.302(a) with a

front amber reflector that is:

(1) visible at all distances from 100 to 600 feet when directly

in front of lawful lower beams of headlamps; and

(2) mounted to indicate, as nearly as practicable, the extreme

left projection of the towed object.

the reflectors required by this section if the alternative

complies with the other requirements of this section.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER H. LIGHTING REQUIREMENTS IN SPECIAL CIRCUMSTANCES

Sec. 547.381. OBSTRUCTED LIGHTS ON COMBINATION VEHICLES. (a) A

motor vehicle when operated in combination with another vehicle

is not required to display a lighted lamp, other than a taillamp,

if the lamp is obscured because of its location by another

vehicle in the combination of vehicles.

(b) Subsection (a) is not an exception for the lighting as

provided by this chapter of:

(1) front clearance lamps on the frontmost vehicle in the

combination; or

(2) rear lamps on the rearmost vehicle in the combination.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.382. LIGHTING EQUIPMENT ON PROJECTING LOADS. (a) A

vehicle transporting a load that extends to the rear at least

four feet beyond the bed or body of the vehicle shall display on

the extreme end of the load at the times specified in Section

547.302(a):

(1) two red lamps visible at a distance of at least 500 feet

from the rear;

(2) two red reflectors that indicate the maximum width and are

visible at nighttime at all distances from 100 to 600 feet from

the rear when directly in front of lawful lower beams of

headlamps; and

(3) two red lamps, one on each side, that indicate the maximum

overhang and are visible at a distance of at least 500 feet from

the side.

(b) At all other times, a vehicle transporting a load that

extends beyond the vehicle's sides or more than four feet beyond

the vehicle's rear shall display red flags that:

(1) are at least 12 inches square;

(2) mark the extremities of the load; and

(3) are placed where a lamp is required by this section.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.383. LIGHTING REQUIREMENTS ON PARKED VEHICLES. (a) A

vehicle, other than a motor-driven cycle, shall be equipped with

at least one lamp, or a combination of lamps, that:

(1) emits a white or amber light visible at a distance of 1,000

feet from the front and a red light visible at a distance of

1,000 feet from the rear; and

(2) is mounted so that at least one lamp is installed as near as

practicable to the side of the vehicle that is closest to passing

traffic.

(b) A vehicle, other than a motor-driven cycle, that is parked

or stopped on a roadway or shoulder at a time specified in

Section 547.302(a) shall display a lamp that complies with

Subsection (a).

required to display lights at night-time if there is sufficient

light to reveal a person or vehicle on the highway at a distance

of 1,000 feet.

(d) A lighted headlamp on a parked vehicle shall be dimmed.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER I. PROVISIONS RELATING TO BRAKE REQUIREMENTS ON

VEHICLES

Sec. 547.401. BRAKES REQUIRED. (a) Except as provided by

Subsection (b), a motor vehicle, trailer, semitrailer, pole

trailer, or combination of those vehicles shall be equipped with

brakes that comply with this chapter.

(b) A trailer, semitrailer, or pole trailer is not required to

have brakes if:

(1) its gross weight is 4,500 pounds or less; or

(2) its gross weight is heavier than 4,500 pounds but not

heavier than 15,000 pounds, and it is drawn at a speed of not

more than 30 miles per hour.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.402. OPERATION AND MAINTENANCE OF BRAKES. (a)

Required brakes shall operate on each wheel of a vehicle except:

(1) special mobile equipment;

(2) a vehicle that is towed as a commodity when at least one set

of the towed vehicle's wheels is on the roadway, if the

combination of vehicles complies with the performance

requirements of this chapter; and

(3) a trailer, semitrailer, or pole trailer with a gross weight

heavier than 4,500 pounds but not heavier than 15,000 pounds

drawn at a speed of more than 30 miles per hour, if the brakes

operate on both wheels of the rear axle.

(b) A truck or truck-tractor that has at least three axles is

not required to have brakes on the front wheels, but must have

brakes that:

(1) operate on the wheels of one steerable axle if the vehicle

is equipped with at least two steerable axles; and

(2) comply with the performance requirements of this chapter.

pounds or less may use surge or inertia brake systems to satisfy

the requirements of Subsection (a).

(d) Brakes shall be maintained in good working order and

adjusted to operate on wheels on each side of the vehicle as

equally as practicable.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.403. SERVICE BRAKES REQUIRED. (a) A vehicle required

to have brakes by this subchapter, other than special mobile

equipment, shall be equipped with service brakes that:

(1) comply with the performance requirements of this subchapter;

and

(2) are adequate to control the movement of the vehicle,

including stopping and holding, under all loading conditions and

when on any grade on which the vehicle is operated.

(b) A vehicle required to have brakes by this subchapter shall

be equipped so that one control device operates the service

brakes. This subsection does not prohibit an additional control

device that may be used to operate brakes on a towed vehicle. A

vehicle that tows another vehicle as a commodity when at least

one set of the towed vehicle's wheels is on the roadway is not

required to comply with this requirement unless the brakes on the

towing and towed vehicles are designed to be operated by a single

control on the towing vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.404. PARKING BRAKES REQUIRED. (a) A vehicle required

to have brakes by this subchapter, other than a motorcycle or

motor-driven cycle, shall be equipped with parking brakes

adequate to hold the vehicle:

(1) on any grade on which the vehicle is operated;

(2) under all loading conditions; and

(3) on a surface free from snow, ice, or loose material.

(b) The parking brakes shall be:

(1) designed to operate continuously as required once applied,

despite a leakage or an exhaustion of power source; and

(2) activated by the vehicle operator's muscular effort, by

spring action, or by equivalent means.

by another power source, unless a failure in the power source

would prevent the parking brakes from operating as required by

this section.

(d) The same brake drums, brake shoes and lining assemblies,

brake shoe anchors, and mechanical brake shoe actuation mechanism

normally associated with wheel brake assemblies may be used for

the parking brakes and service brakes.

(e) If the means of applying the parking brakes and service

brakes are connected, the brake system shall be constructed so

that the failure of one part will not cause the vehicle to be

without operative brakes.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.405. EMERGENCY BRAKES REQUIRED. (a) A vehicle used to

tow another vehicle equipped with air-controlled brakes shall be

equipped with the following means, together or separate, for

applying the trailer brakes in an emergency:

(1) an automatic device that applies the brakes to a fixed

pressure from 20 to 45 pounds per square inch if the towing

vehicle's air supply is reduced; and

(2) a manual device to apply and release the brakes that is

readily operable by a person seated in the operator's seat and

arranged so that:

(A) its emergency position or method of operation is clearly

indicated; and

(B) its use does not prevent operation of the automatic brakes.

(b) In addition to the single control device required by Section

547.403, a vehicle used to tow another vehicle equipped with

vacuum brakes shall be equipped with a second control device

that:

(1) is used to operate the brakes on a towed vehicle in an

emergency;

(2) is independent of brake air, hydraulic, or other pressure

and independent of other controls, unless the braking system is

arranged to automatically apply the towed vehicle's brakes if the

pressure for the second control device on the towing vehicle

fails; and

(3) is not required to provide modulated braking.

another vehicle as a commodity when at least one set of wheels of

the towed vehicle is on the roadway.

(d) A trailer, semitrailer, or pole trailer that is equipped

with air or vacuum brakes or that has a gross weight heavier than

3,000 pounds shall be equipped with brakes that:

(1) operate on all wheels; and

(2) are promptly applied automatically and remain applied for at

least 15 minutes in case of a breakaway from the towing vehicle.

(e) A motor vehicle used to tow a trailer, semitrailer, or pole

trailer equipped with brakes shall be equipped with service

brakes arranged so that, in case of a breakaway of the towed

vehicle, the towing vehicle is capable of stopping by use of its

service brakes.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.406. BRAKE RESERVOIR OR RESERVE CAPACITY REQUIRED. (a)

A bus, truck, or truck-tractor equipped with air brakes shall be

equipped with at least one reservoir that:

(1) is sufficient to ensure that the service brakes can be fully

applied without lowering the reservoir pressure, if fully charged

to the maximum pressure as regulated by the air compressor

governor cut-out setting, by more than 20 percent; and

(2) has a means for readily draining accumulated oil or water.

(b) A truck with at least three axles that is equipped with

vacuum brakes or a truck-tractor or truck used to tow a vehicle

equipped with vacuum brakes shall be equipped with a reserve

capacity or a vacuum reservoir sufficient to ensure that, with

the reserve capacity or vacuum reservoir fully charged and with

the engine stopped, the service brakes can be fully applied

without depleting the vacuum supply by more than 40 percent.

is equipped with an air or vacuum reservoir or reserve capacity

shall be equipped with a check valve or equivalent device to

prevent depletion of the air or vacuum supply by failure or

leakage.

(d) An air brake system installed on a trailer shall be designed

to prevent a backflow of air from the supply reservoir through

the supply line.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.407. BRAKE WARNING DEVICES REQUIRED. (a) A bus,

truck, or truck-tractor that uses air to operate its brakes or

the brakes of a towed vehicle shall be equipped with:

(1) a warning signal, other than a pressure gauge, that is

readily audible or visible to the vehicle operator and that shows

when the air reservoir pressure is below 50 percent of the air

compressor governor cut-out pressure; and

(2) a pressure gauge visible to the vehicle operator that shows

in pounds per square inch the pressure available for braking.

(b) A truck-tractor or truck used to tow a vehicle equipped with

vacuum brakes, or a truck with at least three axles that is

equipped with vacuum brakes, shall be equipped with a warning

signal, other than a gauge showing vacuum, that is readily

audible or visible to the vehicle operator and that shows when

the vacuum in the reservoir or reserve capacity is less than

eight inches of mercury. This subsection does not apply to an

operation in which a motor vehicle, trailer, or semitrailer is

transported as a commodity when at least one set of the vehicle's

wheels is on the roadway.

is equipped with air and vacuum power to operate its brakes or

the brakes on a towed vehicle, the warning devices required may

be combined into a single device that is not a pressure or vacuum

gauge.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.408. PERFORMANCE REQUIREMENTS FOR BRAKES. (a) A motor

vehicle or combination of vehicles shall be equipped with service

brakes capable of:

(1) developing a braking force that is not less than:

(A) 52.8 percent of the gross weight of the vehicle for a

passenger vehicle; or

(B) 43.5 percent of the gross weight of the vehicle for a

vehicle other than a passenger vehicle;

(2) decelerating to a stop from 20 miles per hour or less at not

less than:

(A) 17 feet per second per second for a passenger vehicle; or

(B) 14 feet per second per second for other vehicles; and

(3) stopping from a speed of 20 miles per hour in a distance,

measured from the location where the service brake pedal or

control is activated, of not more than:

(A) 25 feet for a passenger vehicle;

(B) 30 feet for a motorcycle, motor-driven cycle, or single unit

vehicle with a manufacturer's gross vehicle weight rating of

10,000 pounds or less;

(i) a single unit vehicle with a manufacturer's gross weight

rating of more than 10,000 pounds;

(ii) a two-axle towing vehicle and trailer combination with a

weight of 3,000 pounds or less;

(iii) a bus that does not have a manufacturer's gross weight

rating; and

(iv) the combination of vehicles in an operation exempted by

Section 547.407(b); and

(D) 50 feet for other vehicles.

(b) A test for deceleration or stopping distance shall be

performed on a dry, smooth, hard surface that:

(1) is free of loose material; and

(2) does not exceed plus or minus one percent grade.

has a maximum seating capacity of 10 persons, including the

operator, and that does not have a manufacturer's gross vehicle

weight rating.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER J. PROVISIONS RELATING TO WARNING DEVICE REQUIREMENTS

ON VEHICLES

Sec. 547.501. AUDIBLE WARNING DEVICES. (a) A motor vehicle

shall be equipped with a horn in good working condition that

emits a sound audible under normal conditions at a distance of at

least 200 feet.

(b) A vehicle may not be equipped with and a person may not use

on a vehicle a siren, whistle, or bell unless the vehicle is:

(1) a commercial vehicle that is equipped with a theft alarm

signal device arranged so that the device cannot be used as an

ordinary warning signal; or

(2) an authorized emergency vehicle that is equipped with a

siren, whistle, or bell that complies with Section 547.702.

warning only when necessary to insure safe operation.

(d) A warning device, including a horn, may not emit an

unreasonably loud or harsh sound or a whistle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.502. VISIBLE WARNING DEVICES REQUIRED. (a) Except as

provided by Subsection (b), a person who operates, outside an

urban district or on a divided highway, a truck, bus, or

truck-tractor or a motor vehicle towing a house trailer shall

carry in the vehicle:

(1) at daytime:

(A) at least two red flags at least 12 inches square; and

(B) standards to support the flags; and

(2) at nighttime:

(A) at least three flares and at least three red-burning fusees;

(B) at least three red electric lanterns; or

(b) A person who operates an explosive cargo vehicle at

nighttime:

(1) shall carry in the vehicle three red electric lanterns or

three portable red emergency reflectors; and

(2) may not carry in the vehicle a flare, fusee, or signal

produced by flame.

visible and distinguishable at a distance of at least 600 feet at

night under normal atmospheric conditions.

(d) A portable reflector unit must be designed and constructed

to reflect a red light clearly visible at all distances from 100

to 600 feet under normal atmospheric conditions at night when

directly in front of lawful lower beams of headlamps.

(e) A flare, fusee, electric lantern, portable reflector, or

warning flag must be a type approved by the department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.503. DISPLAY OF HAZARD LAMPS. (a) The operator of a

vehicle that is described by Subsection (b) and that is stopped

on a roadway or shoulder shall immediately display vehicular

hazard warning lamps that comply with Section 547.331, unless the

vehicle:

(1) is parked lawfully in an urban district;

(2) is stopped lawfully to receive or discharge a passenger;

(3) is stopped to avoid conflict with other traffic;

(4) is stopped to comply with a direction of a police officer or

an official traffic-control device; or

(5) displays other warning devices as required by Sections

547.504-547.507.

(b) This section applies to a truck, bus, truck-tractor,

trailer, semitrailer, or pole trailer at least 80 inches wide or

at least 30 feet long.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.504. DISPLAY OF DEVICES WHEN LIGHTED LAMPS REQUIRED.

(a) Unless sufficient light exists to reveal a person or vehicle

at a distance of 1,000 feet, the operator of a vehicle described

by Section 547.503(b) or an explosive cargo vehicle shall display

warning devices that comply with the requirements of Section

547.502:

(1) when lighted lamps are required; and

(2) under the conditions stated in this section.

(b) Except as provided by Section 547.506 and Subsection (d),

the operator of a vehicle described by Section 547.503(b) or an

explosive cargo vehicle that is disabled, or stopped for more

than 10 minutes, on a roadway outside an urban district shall:

(1) immediately place a lighted red electric lantern or a

portable red emergency reflector at the traffic side of the

vehicle in the direction of the nearest approaching traffic; and

(2) place in the following order and as soon as practicable

within 15 minutes one lighted red electric lamp or portable red

emergency reflector:

(A) in the center of the lane occupied by the vehicle toward

approaching traffic approximately 100 feet from the vehicle; and

(B) in the center of the lane occupied by the vehicle in the

opposite direction approximately 100 feet from the vehicle.

the operator of a vehicle described by Section 547.503(b) or an

explosive cargo vehicle that is disabled, or stopped for more

than 10 minutes, on a roadway of a divided highway shall place

the warning devices described by Subsection (b):

(1) in the center of the lane occupied by the vehicle toward

approaching traffic approximately 200 feet from the vehicle;

(2) in the center of the lane occupied by the vehicle toward

approaching traffic approximately 100 feet from the vehicle; and

(3) at the traffic side approximately 10 feet from the vehicle

in the direction of the nearest approaching traffic.

(d) As an alternative to the use of electric lamps or red

reflectors and except as provided by Subsection (e), the operator

of a vehicle described by Section 547.503(b) may display a

lighted fusee to comply with the requirements of Subsection

(b)(1) or liquid-burning flares to comply with the requirements

of Subsections (b)(2) and (c). If the operator uses

liquid-burning flares to comply with Subsection (b)(2), the

operator shall also, after complying with Subsection (b)(2)(B),

place a liquid-burning flare at the traffic side of the vehicle

at least 10 feet in the direction of the nearest approaching

traffic. If a fusee is used to comply with Subsection (b)(1), the

operator shall comply with Subsection (b)(2) within the burning

period of the fusee.

(e) The operator of an explosive cargo vehicle may not display

as a warning device a flare, fusee, or signal produced by flame.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.505. DISPLAY OF DEVICES WHEN LIGHTED LAMPS ARE NOT

REQUIRED. (a) The operator of a vehicle described by Section

547.503(b) or an explosive cargo vehicle that is disabled, or

stopped for more than 10 minutes, on a roadway outside an urban

district or on a roadway of a divided highway when lighted lamps

are not required shall display two red flags that comply with

Section 547.502.

(b) If traffic on the roadway moves in two directions, one flag

shall be placed approximately 100 feet to the rear and one

approximately 100 feet ahead of the vehicle in the center of the

lane occupied by the vehicle.

shall be placed approximately 100 feet and one approximately 200

feet to the rear of the vehicle in the center of the lane

occupied by the vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.506. DISPLAY OF DEVICES: VEHICLES OFF ROADWAY. The

operator of a vehicle described by Section 547.503(b) or an

explosive cargo vehicle that is stopped entirely on the shoulder

at a time and in a place referred to in this subchapter shall

place required warning devices on the shoulder as close as

practicable to the edge of the roadway.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.507. DISPLAY OF DEVICES WHEN VIEW OF VEHICLE

OBSTRUCTED. Unless sufficient light exists to reveal a person or

vehicle at a distance of 1,000 feet, the operator of a vehicle

described by Section 547.503(b) or an explosive cargo vehicle

that is disabled, or stopped for more than 10 minutes, within 500

feet of a curve, hillcrest, or other obstruction to view shall

place the required warning device for the direction of the

obstruction from 100 to 500 feet from the vehicle so as to

provide ample warning to other traffic.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.508. OFFENSE RELATING TO WARNING DEVICES. (a) Except

as provided by Subsection (b), a person may not remove, damage,

destroy, misplace, or extinguish a warning device required under

Sections 547.502-547.507 when the device is being displayed or

used as required.

(b) This section does not apply to:

(1) an owner of a vehicle or the owner's authorized agent or

employee; or

(2) a peace officer acting in an official capacity.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER K. PROVISIONS RELATING TO OTHER VEHICLE EQUIPMENT

Sec. 547.601. SAFETY BELTS REQUIRED. A motor vehicle required

by Chapter 548 to be inspected shall be equipped with front

safety belts if safety belt anchorages were part of the

manufacturer's original equipment on the vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.602. MIRRORS REQUIRED. A motor vehicle, including a

motor vehicle used to tow another vehicle, shall be equipped with

a mirror located to reflect to the operator a view of the highway

for a distance of at least 200 feet from the rear of the vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.603. WINDSHIELD WIPERS REQUIRED. A motor vehicle shall

be equipped with a device that is operated or controlled by the

operator of the vehicle and that cleans moisture from the

windshield. The device shall be maintained in good working

condition.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.604. MUFFLER REQUIRED. (a) A motor vehicle shall be

equipped with a muffler in good working condition that

continually operates to prevent excessive or unusual noise.

(b) A person may not use a muffler cutout, bypass, or similar

device on a motor vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.605. EMISSION SYSTEMS REQUIRED. (a) The engine and

power mechanism of a motor vehicle shall be equipped and adjusted

to prevent the escape of excessive smoke or fumes.

(b) A motor vehicle or motor vehicle engine, of a model year

after 1967, shall be equipped to prevent the discharge of

crankcase emissions into the ambient atmosphere.

engine, of a model year after 1967, that is equipped with an

exhaust emission system:

(1) shall maintain the system in good working condition;

(2) shall use the system when the motor vehicle or motor vehicle

engine is operated; and

(3) may not remove the system or a part of the system or

intentionally make the system inoperable in this state, unless

the owner or operator removes the system or part to install

another system or part intended to be equally effective in

reducing atmospheric emissions.

(d) Except when travel conditions require the downshifting or

use of lower gears to maintain reasonable momentum, a person

commits an offense if the person operates, or as an owner

knowingly permits another person to operate, a vehicle that

emits:

(1) visible smoke for 10 seconds or longer; or

(2) visible smoke that remains suspended in the air for 10

seconds or longer before fully dissipating.

(e) An offense under this section is a misdemeanor punishable by

a fine of not less than $1 and not more than $350 for each

violation. If a person has previously been convicted of an

offense under this section, an offense under this section is a

misdemeanor punishable by a fine of not less than $200 and not

more than $1,000 for each violation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 1075, Sec. 6, eff. Sept. 1,

2001.

Sec. 547.606. SAFETY GUARDS OR FLAPS REQUIRED. (a) A road

tractor, truck, trailer, truck-tractor in combination with a

semitrailer, or semitrailer in combination with a towing vehicle

that has at least four tires on the rearmost axle of the vehicle

or the rearmost vehicle in the combination shall be equipped with

safety guards or flaps that:

(1) are of a type prescribed by the department; and

(2) are located and suspended behind the rearmost wheels of the

vehicle or the rearmost vehicle in the combination within eight

inches of the surface of the highway.

(b) This section does not apply to a truck-tractor operated

alone or a pole trailer.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.607. FIRE EXTINGUISHER REQUIRED. A school bus or a

motor vehicle that transports passengers for hire or lease shall

be equipped with at least one quart of chemical-type fire

extinguisher in good condition and located for immediate use.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.608. SAFETY GLAZING MATERIAL REQUIRED. (a) Except as

provided by Subsection (b), a person who sells or registers a new

passenger-type motor vehicle, including a passenger bus and

school bus, shall equip the vehicle doors, windows, and

windshield with safety glazing material of a type approved by the

department.

(b) The requirements of Subsection (a) do not apply to a glazing

material in a compartment of a truck, including a truck-tractor,

that is not designed and equipped for a person to ride in.

in a door, window, or windshield of any motor vehicle if the

replacement is not made with safety glazing material.

(d) A person who sells or attaches to a motor vehicle a camper

manufactured or assembled after January 1, 1972, shall equip the

camper doors and windows with safety glazing material of a type

approved by the department. In this subsection "camper" means a

structure designed to:

(1) be loaded on or attached to a motor vehicle; and

(2) provide temporary living quarters for recreation, travel, or

other use.

(e) A person who sells imperfect safety glass for a door,

window, or windshield of a motor vehicle shall:

(1) label the glass "second," "imperfect," or by a similar term

in red letters at least one inch in size to indicate to the

consumer the quality of the glass;

(2) orally notify the consumer of each imperfection and the

possible result of using imperfect glass; and

(3) deliver written notice at the time of purchase notifying the

consumer of each imperfection and the possible result of using

imperfect glass.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.609. REQUIRED LABEL FOR SUNSCREENING DEVICES. A

sunscreening device must have a label that:

(1) is legible;

(2) contains information required by the department on light

transmission and luminous reflectance of the device;

(3) if the device is placed on or attached to a windshield or a

side or rear window, states that the light transmission of the

device is consistent with Section 547.613(b)(1) or (2), as

applicable; and

(4) is permanently installed between the material and the

surface to which the material is applied.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

750, Sec. 1, eff. September 1, 2009.

Sec. 547.610. SAFE AIR-CONDITIONING EQUIPMENT REQUIRED; SALE OF

NONCOMPLYING VEHICLE. (a) Air-conditioning equipment:

(1) shall be manufactured, installed, and maintained to ensure

the safety of the vehicle occupants and the public; and

(2) may not contain any refrigerant that is flammable or is

toxic to persons unless the refrigerant is included in the list

published by the United States Environmental Protection Agency as

a safe alternative motor vehicle air conditioning substitute for

chlorofluorocarbon-12, pursuant to 42 U.S.C. Section 7671k(c).

(b) A person may not possess or offer for sale, sell, or equip a

motor vehicle with air-conditioning equipment that does not

comply with the requirements of this section and Section 547.103.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

282, Sec. 1, eff. May 30, 2009.

Sec. 547.611. USE OF CERTAIN VIDEO EQUIPMENT AND TELEVISION

RECEIVERS. (a) A motor vehicle may be equipped with video

receiving equipment, including a television, a digital video disc

player, a videocassette player, or similar equipment, only if the

equipment is located so that the video display is not visible

from the operator's seat unless the vehicle's transmission is in

park or the vehicle's parking brake is applied.

(b) A motor vehicle specially designed as a mobile unit used by

a licensed television station may have video receiving equipment

located so that the video display is visible from the operator's

side, but the receiver may be used only when the vehicle is

stopped.

(1) equipment used:

(A) exclusively for receiving digital information for commercial

purposes;

(B) exclusively for a safety or law enforcement purpose, if each

installation is approved by the department;

(D) exclusively for monitoring the performance of equipment

installed on a vehicle used for safety purposes in connection

with the operations of a natural gas, water, or electric utility;

(2) a monitoring device that:

(A) produces an electronic display; and

(B) is used exclusively in conjunction with a mobile navigation

system installed in the vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.117(a), eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 20, Sec. 1, 2, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

942, Sec. 1, eff. June 15, 2007.

Sec. 547.612. RESTRICTIONS ON USE AND SALE OF TIRES. (a) A

solid rubber tire used on a vehicle must have rubber on the

traction surface that extends above the edge of the flange of the

periphery.

(b) A person may not operate or move a motor vehicle, trailer,

or semitrailer that has a metal tire in contact with the roadway,

unless:

(1) the vehicle is a farm wagon or farm trailer that has a gross

weight of less than 5,000 pounds; and

(2) the owner is transporting farm products to market, for

processing, or from farm to farm.

periphery a block, stud, flange, cleat, or spike or other

protuberance of a material other than rubber that projects beyond

the tread of the traction surface, unless the protuberance:

(1) does not injure the highway; or

(2) is a tire chain of reasonable proportion that is used as

required for safety because of a condition that might cause the

vehicle to skid.

(d) The Texas Transportation Commission and a local authority

within its jurisdiction may issue a special permit that

authorizes a person to operate a tractor or traction engine that

has movable tracks with transverse corrugations on the periphery

or a farm tractor or other farm machinery.

(e) A person commits an offense if the person offers for sale or

sells a private passenger automobile tire that is regrooved. An

offense under this section is a misdemeanor punishable by a fine

of not less than $500 or more than $2,000.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.613. RESTRICTIONS ON WINDOWS. (a) Except as provided

by Subsection (b), a person commits an offense that is a

misdemeanor:

(1) if the person operates a motor vehicle that has an object or

material that is placed on or attached to the windshield or side

or rear window and that obstructs or reduces the operator's clear

view; or

(2) if a person, including an installer or manufacturer, places

on or attaches to the windshield or side or rear window of a

motor vehicle a transparent material that alters the color or

reduces the light transmission.

(a-1) A person in the business of placing or attaching

transparent material that alters the color or reduces the light

transmission to the windshield or side or rear window of a motor

vehicle commits a misdemeanor punishable by a fine not to exceed

$1,000 if the person:

(1) places or attaches such transparent material to the

windshield or side or rear window of a motor vehicle; and

(2) does not install a label that complies with Section 547.609

between the transparent material and the windshield or side or

rear window of the vehicle, as applicable.

(b) Subsection (a) does not apply to:

(1) a windshield that has a sunscreening device that:

(A) in combination with the windshield has a light transmission

of 25 percent or more;

(B) in combination with the windshield has a luminous

reflectance of 25 percent or less;

(D) does not extend downward beyond the AS-1 line or more than

five inches from the top of the windshield, whichever is closer

to the top of the windshield;

(2) a wing vent or a window that is to the left or right of the

vehicle operator if the vent or window has a sunscreening device

that in combination with the vent or window has:

(A) a light transmission of 25 percent or more; and

(B) a luminous reflectance of 25 percent or less;

(2-a) a side window that is to the rear of the vehicle operator;

(3) a rear window, if the motor vehicle is equipped with an

outside mirror on each side of the vehicle that reflects to the

vehicle operator a view of the highway for a distance of at least

200 feet from the rear;

(4) a rearview mirror;

(5) an adjustable nontransparent sun visor that is mounted in

front of a side window and not attached to the glass;

(6) a direction, destination, or termination sign on a passenger

common carrier motor vehicle, if the sign does not interfere with

the vehicle operator's view of approaching traffic;

(7) a rear window wiper motor;

(8) a rear trunk lid handle or hinge;

(9) a luggage rack attached to the rear trunk;

(10) a side window that is to the rear of the vehicle operator

on a multipurpose vehicle;

(11) a window that has a United States, state, or local

certificate placed on or attached to it as required by law;

(12) a motor vehicle that is not registered in this state;

(13) a window that complies with federal standards for window

materials, including a factory-tinted or a pretinted window

installed by the vehicle manufacturer, or a replacement window

meeting the specifications required by the vehicle manufacturer;

(14) a vehicle that is:

(A) used regularly to transport passengers for a fee; and

(B) authorized to operate under license or permit by a local

authority;

(15) a vehicle that is maintained by a law enforcement agency

and used for law enforcement purposes; or

(16) a commercial motor vehicle as defined by Section 644.001.

sunscreening device made or assembled by the manufacturer

complies with the light transmission and luminous reflectance

specifications established by Subsection (b) for sunscreening

devices in combination with a window.

(d) The department may determine that a window that has a

sunscreening device is exempt under Subsection (b)(2) if the

light transmission or luminous reflectance varies by no more than

three percent from the standard established in that subsection.

(e) It is a defense to prosecution under Subsection (a) that the

defendant or a passenger in the vehicle at the time of the

violation is required for a medical reason to be shielded from

direct rays of the sun.

(f) It is not an offense under this section for a person to

offer for sale or sell a motor vehicle with a windshield or

window that does not comply with this section.

(g) In this section:

(1) "Installer" means a person who fabricates, laminates, or

tempers a safety glazing material to incorporate, during the

installation process, the capacity to reflect light or reduce

light transmission.

(2) "Manufacturer" means a person who:

(A) manufactures or assembles a sunscreening device; or

(B) fabricates, laminates, or tempers safety glazing material to

incorporate, during the manufacturing process, the capacity to

reflect light or reduce light transmission.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.118(a), eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 136, Sec. 1, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

368, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

750, Sec. 2, eff. September 1, 2009.

Sec. 547.614. RESTRICTIONS ON AIRBAGS. (a) In this section,

"counterfeit airbag" means an airbag that does not meet all

applicable federal safety regulations for an airbag designed to

be installed in a vehicle of a particular make, model, and year.

(a-1) A person commits an offense if the person knowingly:

(1) installs or purports to install an airbag in a vehicle; and

(2) does not install an airbag or installs a counterfeit airbag.

(a-2) A person commits an offense if the person:

(1) makes or sells a counterfeit airbag to be installed in a

motor vehicle;

(2) intentionally alters an airbag that is not counterfeit in a

manner that causes the airbag to not meet all applicable federal

safety regulations for an airbag designed to be installed in a

vehicle of a particular make, model, and year;

(3) represents to another person that a counterfeit airbag

installed in a motor vehicle is not counterfeit; or

(4) causes another person to violate Subsection (a-1) or

Subdivision (1), (2), or (3) or assists a person in violating

Subsection (a-1) or Subdivision (1), (2), or (3).

(b) Except as provided by Subsections (c) and (d), an offense

under this section is a Class A misdemeanor.

degree if it is shown on the trial of the offense that the

defendant has been previously convicted of an offense under this

section.

(d) An offense under this section is a felony of the second

degree if it is shown on the trial of the offense that as a

result of the offense an individual suffered bodily injury.

Added by Acts 2001, 77th Leg., ch. 910, Sec. 3, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

269, Sec. 1, eff. September 1, 2007.

Sec. 547.615. RECORDING DEVICES. (a) In this section:

(1) "Owner" means a person who:

(A) has all the incidents of ownership of a motor vehicle,

including legal title, regardless of whether the person lends,

rents, or creates a security interest in the vehicle;

(B) is entitled to possession of a motor vehicle as a purchaser

under a security agreement; or

under a written lease agreement if the agreement is for a period

of not less than three months.

(2) "Recording device" means a feature that is installed by the

manufacturer in a motor vehicle and that does any of the

following for the purpose of retrieving information from the

vehicle after an accident in which the vehicle has been involved:

(A) records the speed and direction the vehicle is traveling;

(B) records vehicle location data;

(D) records brake performance, including information on whether

brakes were applied before an accident;

(E) records the driver's safety belt status; or

(F) transmits information concerning the accident to a central

communications system when the accident occurs.

(b) A manufacturer of a new motor vehicle that is sold or leased

in this state and that is equipped with a recording device shall

disclose that fact in the owner's manual of the vehicle.

may not be retrieved by a person other than the owner of the

motor vehicle in which the recording device is installed except:

(1) on court order;

(2) with the consent of the owner for any purpose, including for

the purpose of diagnosing, servicing, or repairing the motor

vehicle;

(3) for the purpose of improving motor vehicle safety, including

for medical research on the human body's reaction to motor

vehicle accidents, if the identity of the owner or driver of the

vehicle is not disclosed in connection with the retrieved

information; or

(4) for the purpose of determining the need for or facilitating

emergency medical response in the event of a motor vehicle

accident.

(d) For information recorded or transmitted by a recording

device described by Subsection (a)(2)(B), a court order may be

obtained only after a showing that:

(1) retrieval of the information is necessary to protect the

public safety; or

(2) the information is evidence of an offense or constitutes

evidence that a particular person committed an offense.

(e) For the purposes of Subsection (c)(3):

(1) disclosure of a motor vehicle's vehicle identification

number with the last six digits deleted or redacted is not

disclosure of the identity of the owner or driver; and

(2) retrieved information may be disclosed only:

(A) for the purposes of motor vehicle safety and medical

research communities to advance the purposes described in

Subsection (c)(3); or

(B) to a data processor solely for the purposes described in

Subsection (c)(3).

(f) If a recording device is used as part of a subscription

service, the subscription service agreement must disclose that

the device may record or transmit information as described by

Subsection (a)(2). Subsection (c) does not apply to a

subscription service under this subsection.

Added by Acts 2005, 79th Leg., Ch.

910, Sec. 1, eff. September 1, 2006.

SUBCHAPTER L. ADDITIONAL EQUIPMENT REQUIREMENTS FOR SCHOOL BUSES,

AUTHORIZED EMERGENCY VEHICLES, AND SLOW-MOVING VEHICLES

Sec. 547.701. ADDITIONAL EQUIPMENT REQUIREMENTS FOR SCHOOL BUSES

AND OTHER BUSES USED TO TRANSPORT SCHOOLCHILDREN. (a) A school

bus shall be equipped with:

(1) a convex mirror or other device that reflects to the school

bus operator a clear view of the area immediately in front of the

vehicle that would otherwise be hidden from view; and

(2) signal lamps that:

(A) are mounted as high and as widely spaced laterally as

practicable;

(B) display four alternately flashing red lights, two located on

the front at the same level and two located on the rear at the

same level; and

sunlight.

(b) A school bus may be equipped with:

(1) rooftop warning lamps:

(A) that conform to and are placed on the bus in accordance with

specifications adopted under Section 34.002, Education Code; and

(B) that are operated under rules adopted by the school

district; and

(2) movable stop arms:

(A) that conform to regulations adopted under Section 34.002,

Education Code; and

(B) that may be operated only when the bus is stopped to load or

unload students.

highway to permit students to board or exit the bus, the operator

of the bus shall activate all flashing warning signal lights and

other equipment on the bus designed to warn other drivers that

the bus is stopping to load or unload children. A person may not

operate such a light or other equipment except when the bus is

being stopped or is stopped on a highway to permit students to

board or exit the bus.

(d) The exterior of a school bus may not bear advertising or

another paid announcement directed at the public if the

advertising or announcement distracts from the effectiveness of

required safety warning equipment. The department shall adopt

rules to implement this subsection. A school bus that violates

this section or rules adopted under this section shall be placed

out of service until it complies.

Text of subsection effective September 1, 2009, in accordance

with Acts 2009, 81st Leg., R.S., Ch. 1328, Sec. 90.

(e) In this subsection, "bus" includes a school bus and a school

activity bus. A bus operated by or contracted for use by a

school district for the transportation of schoolchildren shall be

equipped with a three-point seat belt for each passenger,

including the operator. This subsection applies to:

(1) each bus purchased by a school district on or after

September 1, 2010, for the transportation of schoolchildren; and

(2) each school-chartered bus contracted for use by a school

district on or after September 1, 2011, for the transportation of

schoolchildren.

(f) A school district is required to comply with Subsection (e)

only to the extent that the Texas Education Agency pays or

commits to pay the district for expenses incurred in complying

with that subsection. The Texas Education Agency may make grants

of appropriated money for the purpose of paying school districts

under this subsection.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1438, Sec. 12, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 183, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

259, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

259, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1328, Sec. 90(c), eff. September 1, 2009.

Sec. 547.7011. ADDITIONAL EQUIPMENT REQUIREMENTS FOR OTHER

BUSES. (a) A bus, other than a school bus, that provides public

transportation and that was acquired on or after September 1,

1997, shall be equipped with two or more hazard lamps that:

(1) are mounted at the same level on the rear of the bus;

(2) are visible at a distance of 500 feet in normal sunlight;

(3) flash; and

(4) emit amber light.

(b) An operator of a bus to which this section applies shall

activate the hazard lamps if the bus stops to load or unload a

person under 18 years of age.

rear of the bus stating: "Caution--children may be exiting".

Added by Acts 1997, 75th Leg., ch. 1131, Sec. 1, eff. Sept. 1,

1997.

Sec. 547.7012. REQUIREMENTS FOR MULTIFUNCTION SCHOOL ACTIVITY

BUSES. A multifunction school activity bus may not be painted

National School Bus Glossy Yellow.

Added by Acts 2007, 80th Leg., R.S., Ch.

923, Sec. 6, eff. September 1, 2007.

Sec. 547.7015. RULES RELATING TO SCHOOL BUSES. (a) The

department shall adopt and enforce rules governing the design,

color, lighting and other equipment, construction, and operation

of a school bus for the transportation of schoolchildren that is:

(1) owned and operated by a school district in this state; or

(2) privately owned and operated under a contract with a school

district in this state.

(b) In adopting rules under this section, the department shall

emphasize:

(1) safety features; and

(2) long-range, maintenance-free factors.

(1) apply to each school district, the officers and employees of

a district, and each person employed under contract by a school

district; and

(2) shall by reference be made a part of any contract that is

entered into by a school district in this state for the

transportation of schoolchildren on a privately owned school bus.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.119(a), eff.

Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 309, Sec.

9.02, eff. June 18, 2003.

Sec. 547.702. ADDITIONAL EQUIPMENT REQUIREMENTS FOR AUTHORIZED

EMERGENCY VEHICLES. (a) An authorized emergency vehicle may be

equipped with a siren, exhaust whistle, or bell:

(1) of a type approved by the department; and

(2) that emits a sound audible under normal conditions at a

distance of at least 500 feet.

(b) The operator of an authorized emergency vehicle shall use

the siren, whistle, or bell when necessary to warn other vehicle

operators or pedestrians of the approach of the emergency

vehicle.

vehicle shall be equipped with signal lamps that:

(1) are mounted as high and as widely spaced laterally as

practicable;

(2) display four alternately flashing red lights, two located on

the front at the same level and two located on the rear at the

same level; and

(3) emit a light visible at a distance of 500 feet in normal

sunlight.

(d) A private vehicle operated by a volunteer firefighter

responding to a fire alarm or a medical emergency may, but is not

required to, be equipped with signal lamps that comply with the

requirements of Subsection (c).

(e) A private vehicle operated by a volunteer firefighter

responding to a fire alarm or a medical emergency may be equipped

with a signal lamp that is temporarily attached to the vehicle

roof and flashes a red light visible at a distance of at least

500 feet in normal sunlight.

(f) A police vehicle may, but is not required to, be equipped

with signal lamps that comply with Subsection (c).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 547.703. ADDITIONAL EQUIPMENT REQUIREMENTS FOR SLOW-MOVING

VEHICLES. (a) Except as provided by Subsection (b), a

slow-moving vehicle shall display a slow-moving-vehicle emblem

that:

(1) has a reflective surface designed to be clearly visible in

daylight or at night from the light of standard automobile

headlamps at a distance of at least 500 feet;

(2) is mounted base down on the rear of the vehicle at a height

from three to five feet above the road surface; and

(3) is maintained in a clean, reflective condition.

(b) Subsection (a) does not apply to a vehicle that is used in

construction or maintenance work and is traveling in a

construction area that is marked as required by the Texas

Transportation Commission.

tows machinery, including an implement of husbandry, and the

visibility of the emblem is not obstructed, the towed unit is not

required to display a slow-moving-vehicle emblem.

(d) A golf cart that is operated at a speed of not more than 25

miles per hour is required to display a slow-moving-vehicle

emblem when it is operated on a public highway, as defined by

Section 502.001, under Section 551.403 or 551.404.

(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1136, Sec.

12(2), eff. September 1, 2009.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1136, Sec. 9, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1136, Sec. 12(2), eff. September 1, 2009.

SUBCHAPTER M. ADDITIONAL OR ALTERNATIVE EQUIPMENT REQUIREMENTS

FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES

Sec. 547.801. LIGHTING EQUIPMENT. (a) A motorcycle, including

a motor-driven cycle, shall be equipped with:

(1) not more than two headlamps mounted at a height from 24 to

54 inches;

(2) at least one taillamp mounted at a height from 20 to 72

inches;

(3) a taillamp or separate lamp to illuminate the rear license

plate that complies with the requirements of Sections 547.322(f)

and (g);

(4) at least one stoplamp that complies with the requirements of

Section 547.323(d); and

(5) at least one rear red reflector that complies with the

requirements of Section 547.325(b) and may be included as a part

of the taillamp.

(b) A motorcycle, other than a motor-driven cycle, shall be

equipped with multiple-beam lighting equipment that produces:

(1) an uppermost distribution of light that reveals a person or

vehicle at a distance of at least 300 feet ahead; and

(2) a lowermost distribution of light that:

(A) reveals a person or vehicle at a distance of at least 150

feet ahead; and

(B) is aimed so that no part of the high-intensity portion of

the beam on the motorcycle that is on a straight and level road

under any condition of loading projects into the eyes of an

approaching vehicle operator.

(1) multiple-beam lighting equipment that complies with the

requirements of Subsection (b); or

(2) single-beam lighting equipment that:

(A) emits light sufficient to reveal a person or vehicle:

(i) at a distance of at least 100 feet when the cycle is

operated at a speed less than 25 miles per hour;

(ii) at a distance of at least 200 feet when the cycle is

operated at a speed of 25 miles per hour or more; and

(iii) at a distance of at least 300 feet when the cycle is

operated at a speed of 35 miles per hour or more; and

(B) is aimed so that no part of the high-intensity portion of

the beam from the lamp on a loaded cycle projects a beam higher

than the level center of the lamp for a distance of 25 feet

ahead.

(d) A motorcycle may not be operated at any time unless at least

one headlamp on the motorcycle is illuminated. This subsection

does not apply to a motorcycle manufactured before the model year

1975.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 782, Sec. 1, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1022, Sec. 1, eff. Sept. 1, 1999.

Sec. 547.802. BRAKE EQUIPMENT. (a) If a motorcycle, including

a motor-driven cycle, complies with the performance requirements

of Section 547.408, brakes are not required on the wheel of a

sidecar attached to the cycle.

(b) If a motor-driven cycle complies with the performance

standards of Section 547.408, brakes are not required on the

front wheel of the cycle.

cycle braking system and may disapprove a system that:

(1) does not comply with the brake performance requirements in

Section 547.408; or

(2) is not designed or constructed to ensure reasonable and

reliable performance during actual use.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

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2009 Texas Code TRANSPORTATION CODE TITLE 7. VEHICLES AND TRAFFIC CHAPTER 547. VEHICLE EQUIPMENT

2009 Texas Code
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
CHAPTER 547. VEHICLE EQUIPMENT