H.B. No. 61
 
 
 
 
AN ACT
  relating to highway maintenance or construction vehicles, certain
  service vehicles, and escort flag vehicles, including the use of
  certain lighting equipment on those vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 545.157(a), Transportation Code, is
  amended to read as follows:
         (a)  This section applies only to the following vehicles:
               (1)  a stationary authorized emergency vehicle using
  visual signals that meet the requirements of Sections 547.305 and
  547.702;
               (2)  a stationary tow truck using equipment authorized
  by Section 547.305(d); [and]
               (3)  a Texas Department of Transportation vehicle or a
  highway maintenance or construction vehicle operated pursuant to a
  contract awarded under Subchapter A, Chapter 223, not separated
  from the roadway by a traffic control channelizing device and using
  visual signals that comply with the standards and specifications
  adopted under Section 547.105;
               (4)  a service vehicle used by or for a utility, as
  defined by Section 203.091, and using visual signals that comply
  with the standards and specifications adopted under Section
  547.105; and
               (5)  a stationary vehicle used exclusively to transport
  municipal solid waste, as defined by Section 361.003, Health and
  Safety Code, or recyclable material, as defined by Section 361.421,
  Health and Safety Code, while being operated in connection with the
  removal or transportation of municipal solid waste or recyclable
  material from a location adjacent to the highway.
         SECTION 2.  Section 547.001(2-b), Transportation Code, is
  amended to read as follows:
               (2-b)  "Highway maintenance or construction vehicle"
  means a highway or traffic maintenance or construction vehicle
  designated by the Texas Department of Transportation.  The term
  includes equipment for:
                     (A)  road maintenance or construction, including:
                           (i)  equipment for snow removal, line
  striping, skid resistance testing, sweeping, [and] spraying,
  guardrail repair, sign maintenance, and temporary traffic-control
  device placement or removal;
                           (ii)  aerial platform lift machines; and
                           (iii)  road profiler machines; and
                     (B)  road construction or off-road use, including
  motor graders, road rollers, excavators, pneumatic tire equipment,
  movers, and tractors.
         SECTION 3.  The heading to Section 547.105, Transportation
  Code, is amended to read as follows:
         Sec. 547.105.  [MAINTENANCE AND SERVICE VEHICLE] LIGHTING
  STANDARDS FOR CERTAIN VEHICLES.
         SECTION 4.  Sections 547.105(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  The Texas Department of Transportation shall adopt
  standards and specifications that:
               (1)  apply to lamps on highway maintenance or
  construction vehicles and service vehicles; 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
  or construction vehicles and service vehicles.
         SECTION 5.  Section 547.305, Transportation Code, is amended
  by amending Subsections (e) and (f) and adding Subsections (e-3)
  and (e-4) to read as follows:
         (e)  A person may not operate a highway maintenance or
  construction vehicle or service vehicle 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.
         (e-3)  An escort flag vehicle may be equipped with
  alternating or flashing blue and amber lights.
         (e-4)  A vehicle described by Section 545.157(a) may be
  equipped with flashing blue lights.
         (f)  In this section:
               (1)  "Escort flag vehicle" means a vehicle that
  precedes or follows an oversize or overweight vehicle described by
  Subtitle E for the purpose of facilitating the safe movement of the
  oversize or overweight vehicle over roads.
               (2)  "Security patrol vehicle" means a motor vehicle
  being used for the purpose of providing security services by:
                     (A)  a guard company described by Section
  1702.108, Occupations Code; or
                     (B)  a security officer as defined by Section
  1702.002, Occupations Code.
               (3) [(2)]  "Tow truck" means a motor vehicle or
  mechanical device that is adapted or used to tow, winch, or move a
  disabled vehicle.
         SECTION 6.  As soon as practicable after the effective date
  of this Act, the Texas Department of Transportation shall adopt
  standards and specifications relating to lamps and lighting on
  highway construction vehicles, as required by Section 547.105,
  Transportation Code, as amended by this Act.
         SECTION 7.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 61 was passed by the House on March
  27, 2019, by the following vote:  Yeas 143, Nays 4, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 61 on April 29, 2019, by the following vote:  Yeas 139, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 61 was passed by the Senate, with
  amendments, on April 17, 2019, by the following vote:  Yeas 31,
  Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor