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TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE C. RULES OF THE ROAD
CHAPTER 541. DEFINITIONS
SUBCHAPTER A. PERSONS AND GOVERNMENTAL AUTHORITIES
Sec.A541.001.AAPERSONS. In this subtitle: (1)AA"Escort flagger" has the meaning assigned by Section 623.008. (1-a)AA"Operator" means, as used in reference to a vehicle, a person who drives or has physical control of a vehicle. (2)AA"Owner" means, as used in reference to a vehicle, a person who has a property interest in or title to a vehicle. The term: (A)AAincludes a person entitled to use and possess a vehicle subject to a security interest; and (B)AAexcludes a lienholder and a lessee whose lease is not intended as security. (3)AA"Pedestrian" means a person on foot. (4)AA"Person" means an individual, firm, partnership, association, or corporation. (5)AA"School crossing guard" means a responsible person who is at least 18 years of age and is designated by a local authority to direct traffic in a school crossing zone for the protection of children going to or leaving a school. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.103, eff. Sept. 1, 1997. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1129 (H.B. 2620), Sec. 1, eff. September 1, 2019.
Sec.A541.002.AAGOVERNMENTAL AUTHORITIES. In this subtitle: (1)AA"Department" means the Department of Public Safety acting directly or through its authorized officers and agents. (2)AA"Director" means the public safety director. (3)AA"Local authority" means:
(A)AAa county, municipality, or other local entity authorized to enact traffic laws under the laws of this state; or (B)AAa school district created under the laws of this state only when it is designating school crossing guards for schools operated by the district. (4)AA"Police officer" means an officer authorized to direct traffic or arrest persons who violate traffic regulations. (5)AA"State" has the meaning assigned by Section 311.005, Government Code, and includes a province of Canada. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. PROPERTY AREAS
Sec.A541.101.AAMETROPOLITAN AREA. In this subtitle, "metropolitan area" means an area that: (1)AAcontains at least one municipality with a population of at least 100,000; and (2)AAincludes the adjacent municipalities and unincorporated urban districts. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec.A541.102.AARESTRICTED DISTRICTS. In this subtitle: (1)AA"Business district" means the territory adjacent to and including a highway if buildings used for business or industrial purposes, including a building used as a hotel, bank, office building, public building, or railroad station: (A)AAare located within a 600-foot segment along the highway; and (B)AAwithin that segment the buildings occupy at least 300 feet of frontage: (i)AAon one side of the highway; or (ii)AAcollectively on both sides of the highway. (2)AA"Residence district" means the territory, other than a business district, adjacent to and including a highway, if at least 300 feet of the highway frontage is primarily improved with: (A)AAresidences; or
(H)AAan industrial emergency response vehicle, including an industrial ambulance, when responding to an emergency, but only if the vehicle is operated in compliance with criteria in effect September 1, 1989, and established by the predecessor of the
Texas Industrial Emergency Services Board of the State Firemen ’s
and Fire Marshals ’ Association of Texas;
(I)AAa vehicle of a blood bank or tissue bank, accredited or approved under the laws of this state or the United States, when making emergency deliveries of blood, drugs, medicines, or organs; (J)AAa vehicle used for law enforcement purposes that is owned or leased by a federal governmental entity; or (K)AAa private vehicle of an employee or volunteer of a county emergency management division in a county with a population of more than 46,500 and less than 48,000 that is designated as an authorized emergency vehicle by the commissioners court of that county. (2)AA"Bicycle" means a device, excluding a moped, thatAAis capable of being ridden solely using human power and has either: (A) two tandem wheels at least one of which is more than 14 inches in diameter; (B)AAthree wheels, two of which are in parallel, and at least one of the three wheels is more than 14 inches in diameter; or (C)AAany number of wheels and adaptive technology that allows the device to be ridden by a person with a disability. (3)AA"Bus" means: (A)AAa motor vehicle used to transport persons and designed to accommodate more than 10 passengers, including the operator; or (B)AAa motor vehicle, other than a taxicab, designed and used to transport persons for compensation. (4)AA"Farm tractor" means a motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry, including a plow or a mowing machine. (5)AA"House trailer" means a trailer or semitrailer,
other than a towable recreational vehicle, that: (A)AAis transportable on a highway in one or more sections; (B)AAis less than 45 feet in length, excluding tow bar, while in the traveling mode; (C)AAis built on a permanent chassis; (D)AAis designed to be used as a dwelling or for commercial purposes if connected to required utilities; and (E)AAincludes plumbing, heating, air-conditioning, and electrical systems. (6)AA"Implement of husbandry" means: (A)AAa vehicle, other than a passenger car or truck, that is designed and adapted for use as a farm implement, machinery, or tool for tilling the soil; (B)AAa towed vehicle that transports to the field and spreads fertilizer or agricultural chemicals; or (C)AAa motor vehicle designed and adapted to deliver feed to livestock. (7)AA"Light truck" means a truck, including a pickup truck, panel delivery truck, or carryall truck, that has a
manufacturer ’s rated carrying capacity of 2,000 pounds or less.
(8)AA"Moped" means a motor vehicle that is equipped
with a rider ’s saddle and designed to have when propelled not more
than three wheels on the ground, that cannot attain a speed in one mile of more than 30 miles per hour, and the engine of which: (A)AAcannot produce more than five-brake horsepower; and (B)AAif an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears. (9)AA"Motorcycle" means a motor vehicle, other than a
tractor or moped, that is equipped with a rider ’s saddle and
designed to have when propelled not more than three wheels on the ground. (10)AARepealed by Acts 2019, 86th Leg., R.S., Ch. 882 (H.B. 3171), Sec. 3.01(3), eff. September 1, 2019.
purposes by the head of the law enforcement agency that employs the
peace officer, or by that person ’s designee, provided that use of
the private vehicle must, if applicable, comply with any rule adopted by the commissioners court of a county under Section 170.001, Local Government Code, and that the private vehicle may not be considered an authorized emergency vehicle for exemption purposes under Section 228.054, 284.070, 366.178, or 370.177, Transportation Code, unless the vehicle is marked. (14)AA"Road tractor" means a motor vehicle designed and used to draw another vehicle but not constructed to carry a load independently or a part of the weight of the other vehicle or its load. (15)AA"School activity bus" means a bus designed to accommodate more than 15 passengers, including the operator, that is owned, operated, rented, or leased by a school district, county school, open-enrollment charter school, regional education service center, or shared services arrangement and that is used to transport public school students on a school-related activity trip, other than on routes to and from school.AAThe term does not include a chartered bus, a bus operated by a mass transit authority, a school bus, or a multifunction school activity bus. (16)AA"School bus" means a motor vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture and that is used to transport pre-primary, primary, or secondary students on a route to or from school or on a school-related activity trip other than on routes to and from school. The term does not include a school-chartered bus or a bus operated by a mass transit authority. (17)AA"Semitrailer" means a vehicle with or without motive power, other than a pole trailer: (A)AAdesigned to be drawn by a motor vehicle and to transport persons or property; and
(B)AAconstructed so that part of the vehicle ’s
weight and load rests on or is carried by another vehicle. (18)AA"Special mobile equipment" means a vehicle that is not designed or used primarily to transport persons or property
and that is only incidentally operated on a highway. The term: (A)AAincludes ditchdigging apparatus, well boring apparatus, and road construction and maintenance machinery, including an asphalt spreader, bituminous mixer, bucket loader, tractor other than a truck tractor, ditcher, levelling grader, finishing machine, motor grader, road roller, scarifier, earth-moving carryall and scraper, power shovel or dragline, or self-propelled crane and earth-moving equipment; and (B)AAexcludes a vehicle that is designed to transport persons or property and that has machinery attached, including a house trailer, dump truck, truck-mounted transit mixer, crane, and shovel. (19)AA"Towable recreational vehicle" means a nonmotorized vehicle that: (A)AAis designed: (i)AAto be towable by a motor vehicle; and (ii)AAfor temporary human habitation for uses including recreational camping or seasonal use; (B)AAis permanently built on a single chassis; (C)AAmay contain one or more life-support systems; and (D)AAmay be used permanently or temporarily for advertising, selling, displaying, or promoting merchandise or services, but is not used for transporting property for hire or for distribution by a private carrier. (20)AA"Trailer" means a vehicle, other than a pole trailer, with or without motive power: (A)AAdesigned to be drawn by a motor vehicle and to transport persons or property; and
(B)AAconstructed so that no part of the vehicle ’s
weight and load rests on the motor vehicle. (21)AA"Truck" means a motor vehicle designed, used, or maintained primarily to transport property. (22)AA"Truck tractor" means a motor vehicle designed and used primarily to draw another vehicle but not constructed to carry a load other than a part of the weight of the other vehicle and its load.
17.007, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 969 (S.B. 2076), Sec. 25, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 485 (H.B. 2188), Sec. 2, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 882 (H.B. 3171), Sec. 1.07, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 882 (H.B. 3171), Sec. 3.01(3), eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 721 (H.B. 3665), Sec. 1, eff. September 1, 2021.
Sec.A541.202.AARAIL TRANSPORTATION. In this subtitle: (1)AA"Railroad" means a carrier that operates cars, other than streetcars, on stationary rails to transport persons or property. (2)AA"Railroad train" means a steam engine or electric or other motor with or without an attached car operated on rails, other than a streetcar. (3)AA"Streetcar" means a car, other than a railroad train, used to transport persons or property and operated on rails located primarily within a municipality. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec.A541.203.AAEQUIPMENT. In this subtitle: (1)AA"Exhaust emission system" means a motor vehicle engine modification designed to control or reduce the emission of substances from a motor vehicle or motor vehicle engine, of a model year of 1968 or later, and installed on or incorporated in a motor vehicle or motor vehicle engine in compliance with requirements imposed by the Motor Vehicle Air Pollution Control Act (42 U.S.C. Section 1857 et seq.) or other applicable law. (2)AA"Metal tire" includes a tire the surface of which in contact with the highway is wholly or partly made of metal or other hard, nonresilient material. (3)AA"Muffler" means a device that reduces noise using: (A)AAa mechanical design, including a series of
chambers or baffle plates, to receive exhaust gas from an internal combustion engine; or (B)AAturbine wheels to receive exhaust gas from a diesel engine. (4)AA"Solid tire" includes only a tire that: (A)AAis made of rubber or another resilient material; and (B)AAdoes not use compressed air to support its load. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER D. TRAFFIC, TRAFFIC AREAS, AND TRAFFIC CONTROL
Sec.A541.301.AATRAFFIC. In this subtitle "traffic" means pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a highway for the purposes of travel. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec.A541.302.AATRAFFIC AREAS. In this subtitle: (1)AA"Alley" means a street that: (A)AAis not used primarily for through traffic; and (B)AAprovides access to rear entrances of buildings or lots along a street. (2)AA"Crosswalk" means: (A)AAthe portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines; or (B)AAthe portion of a roadway at an intersection that is within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. (3)AA"Freeway" means a divided, controlled-access highway for through traffic. (4)AA"Freeway main lane" means a freeway lane having an uninterrupted flow of through traffic.
street by children going to or leaving a public or private elementary or secondary school. (15)AA"Shoulder" means the portion of a highway that is: (A)AAadjacent to the roadway; (B)AAdesigned or ordinarily used for parking; (C)AAdistinguished from the roadway by different design, construction, or marking; and (D)AAnot intended for normal vehicular travel. (16)AA"Sidewalk" means the portion of a street that is: (A)AAbetween a curb or lateral line of a roadway and the adjacent property line; and (B)AAintended for pedestrian use. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec.A541.303.AAINTERSECTION. (a) In this subtitle, "intersection" means the common area at the junction of two highways, other than the junction of an alley and a highway. (b)AAThe dimensions of an intersection include only the common area: (1)AAwithin the connection of the lateral curb lines or, in the absence of curb lines, the lateral boundary lines of the roadways of intersecting highways that join at approximate right angles; or (2)AAat the place where vehicles could collide if traveling on roadways of intersecting highways that join at any angle other than an approximate right angle. (c)AAEach junction of each roadway of a highway that includes two roadways at least 30 feet apart with the roadway of an intersecting highway, including each roadway of an intersecting highway that includes two roadways at least 30 feet apart, is a separate intersection. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec.A541.304.AATRAFFIC CONTROL. In this subtitle: (1)AA"Official traffic-control device" means a sign, signal, marking, or device that is:
(A)AAconsistent with this subtitle; (B)AAplaced or erected by a public body or officer having jurisdiction; and (C)AAused to regulate, warn, or guide traffic. (2)AA"Railroad sign or signal" means a sign, signal, or device erected by a railroad, public body, or public officer to notify traffic of railroad tracks or an approaching railroad train. (3)AA"Traffic-control signal" means a manual, electric, or mechanical device that alternately directs traffic to stop and to proceed. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER E. MISCELLANEOUS TERMS
Sec.A541.401.AAMISCELLANEOUS TERMS. In this subtitle: (1)AA"Daytime" means the period beginning one-half hour before sunrise and ending one-half hour after sunset. (2)AA"Explosive" means a chemical compound or mechanical mixture that: (A)AAis commonly intended for use or used to produce an explosion; and (B)AAcontains ingredients, which may include oxidizing or combustive units, in packing, proportions, or quantities that, if ignited by fire, friction, concussion, percussion, or detonator, could suddenly generate highly heated gases that could damage surrounding objects or destroy life or limb. (3)AA"Flammable liquid" means a liquid that has a flash point of not more than 70 degrees Fahrenheit as determined by a tagliabue or equivalent closed-cup test device. (4)AA"Gross vehicle weight" means the weight of a vehicle and the weight of its load. (5)AA"Nighttime" means the period beginning one-half hour after sunset and ending one-half hour before sunrise. (6)AA"Park" or "parking" means to stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers.
