Subchapter G. Stopping, Standing and Parking
SUBCHAPTER G. STOPPING, STANDING, AND PARKING
§ 545.301. STOPPING, STANDING, OR PARKING OUTSIDE A
BUSINESS OR RESIDENCE DISTRICT. (a) An operator may not stop,
park, or leave standing an attended or unattended vehicle on the
main traveled part of a highway outside a business or residence
district unless:
(1) stopping, parking, or leaving the vehicle off the
main traveled part of the highway is not practicable;
(2) a width of highway beside the vehicle is
unobstructed and open for the passage of other vehicles; and
(3) the vehicle is in clear view for at least 200 feet
in each direction on the highway.
(b) This section does not apply to an operator of a vehicle
that is disabled while on the paved or main traveled part of a
highway if it is impossible to avoid stopping and temporarily
leaving the vehicle on the highway.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.302. STOPPING, STANDING, OR PARKING PROHIBITED IN
CERTAIN PLACES. (a) An operator may not stop, stand, or park a
vehicle:
(1) on the roadway side of a vehicle stopped or parked
at the edge or curb of a street;
(2) on a sidewalk;
(3) in an intersection;
(4) on a crosswalk;
(5) between a safety zone and the adjacent curb or
within 30 feet of a place on the curb immediately opposite the ends
of a safety zone, unless the governing body of a municipality
designates a different length by signs or markings;
(6) alongside or opposite a street excavation or
obstruction if stopping, standing, or parking the vehicle would
obstruct traffic;
(7) on a bridge or other elevated structure on a
highway or in a highway tunnel;
(8) on a railroad track; or
(9) where an official sign prohibits stopping.
(b) An operator may not, except momentarily to pick up or
discharge a passenger, stand or park an occupied or unoccupied
vehicle:
(1) in front of a public or private driveway;
(2) within 15 feet of a fire hydrant;
(3) within 20 feet of a crosswalk at an intersection;
(4) within 30 feet on the approach to a flashing
signal, stop sign, yield sign, or traffic-control signal located at
the side of a roadway;
(5) within 20 feet of the driveway entrance to a fire
station and on the side of a street opposite the entrance to a fire
station within 75 feet of the entrance, if the entrance is properly
marked with a sign; or
(6) where an official sign prohibits standing.
(c) An operator may not, except temporarily to load or
unload merchandise or passengers, park an occupied or unoccupied
vehicle:
(1) within 50 feet of the nearest rail of a railroad
crossing; or
(2) where an official sign prohibits parking.
(d) A person may stop, stand, or park a bicycle on a sidewalk
if the bicycle does not impede the normal and reasonable movement of
pedestrian or other traffic on the sidewalk.
(e) A municipality may adopt an ordinance exempting a
private vehicle operated by an elevator constructor responding to
an elevator emergency from Subsections (a)(1), (a)(5), (a)(6),
(a)(9), (b), and (c).
(f) Subsections (a), (b), and (c) do not apply if the
avoidance of conflict with other traffic is necessary or if the
operator is complying with the law or the directions of a police
officer or official traffic-control device.
(g) If the governing body of a municipality determines that
it is necessary to improve the economic development of the
municipality's central business district and that it will not
adversely affect public safety, the governing body may adopt an
ordinance regulating the standing, stopping, or parking of a
vehicle at a place described by Subsection (a)(1), other than a road
or highway in the state highway system, in the central business
district of the municipality as defined in the ordinance. To the
extent of any conflict between the ordinance and Subsection (a)(1),
the ordinance controls.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 814, § 1, eff. June 18, 1999.
§ 545.303. ADDITIONAL PARKING REGULATIONS. (a) An
operator who stops or parks on a two-way roadway shall do so with
the right-hand wheels of the vehicle parallel to and within 18
inches of the right-hand curb or edge of the roadway.
(b) An operator who stops or parks on a one-way roadway
shall stop or park the vehicle parallel to the curb or edge of the
roadway in the direction of authorized traffic movement with the
right-hand wheels within 18 inches of the right-hand curb or edge of
the roadway or the left-hand wheels within 18 inches of the
left-hand curb or edge of the roadway. This subsection does not
apply where a local ordinance otherwise regulates stopping or
parking on the one-way roadway.
(c) A local authority by ordinance may permit angle parking
on a roadway. This subsection does not apply to a federal-aid or
state highway unless the director of the Texas Department of
Transportation determines that the roadway is wide enough to permit
angle parking without interfering with the free movement of
traffic.
(d) The Texas Department of Transportation, on a highway
under the jurisdiction of that department, may place signs
prohibiting or restricting the stopping, standing, or parking of a
vehicle on the highway where the director of the Texas Department of
Transportation determines that stopping, standing, or parking is
dangerous to, or would unduly interfere with, the free movement of
traffic on the highway.
(e) To the extent of any conflict between Subsection (a) or
(b) and a municipal ordinance adopted under Section 545.302(g), the
ordinance controls.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 814, § 2, eff. June 18, 1999.
§ 545.304. MOVING THE VEHICLE OF ANOTHER; UNLAWFUL
PARKING. A person may not move a vehicle that is not lawfully under
the person's control:
(1) into an area where a vehicle is prohibited under
Section 545.302; or
(2) away from a curb a distance that is unlawful under
Section 545.303.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.305. REMOVAL OF UNLAWFULLY STOPPED
VEHICLE. (a) A peace officer listed under Article 2.12, Code of
Criminal Procedure, or a license and weight inspector of the
department may remove or require the operator or a person in charge
of a vehicle to move a vehicle from a highway if the vehicle:
(1) is unattended on a bridge, viaduct, or causeway or
in a tube or tunnel and the vehicle is obstructing traffic;
(2) is unlawfully parked and blocking the entrance to
a private driveway;
(3) has been reported as stolen;
(4) is identified as having been stolen in a warrant
issued on the filing of a complaint;
(5) is unattended and the officer has reasonable
grounds to believe that the vehicle has been abandoned for longer
than 48 hours;
(6) is disabled so that normal operation is impossible
or impractical and the owner or person in charge of the vehicle is:
(A) incapacitated and unable to provide for the
vehicle's removal or custody; or
(B) not in the immediate vicinity of the vehicle;
(7) is disabled so that normal operation is impossible
or impractical and the owner or person in charge of the vehicle does
not designate a particular towing or storage company;
(8) is operated by a person an officer arrests for an
alleged offense and the officer is required by law to take the
person into custody; or
(9) is, in the opinion of the officer, a hazard,
interferes with a normal function of a governmental agency, or
because of a catastrophe, emergency, or unusual circumstance is
imperiled.
(b) An officer acting under Subsection (a) may require that
the vehicle be taken to:
(1) the nearest garage or other place of safety;
(2) a garage designated or maintained by the
governmental agency that employs the officer; or
(3) a position off the paved or main traveled part of
the highway.
(c) A law enforcement agency other than the department that
removes an abandoned vehicle in an unincorporated area shall notify
the sheriff.
(d) The owner of a vehicle that is removed or stored under
this section is liable for all reasonable towing and storage fees
incurred.
(e) In this section:
(1) "Towing company" means an individual,
corporation, partnership, or other association engaged in the
business of towing vehicles on a highway for compensation or with
the expectation of compensation for the towing or storage of the
vehicles and includes the owner, operator, employee, or agent of a
towing company.
(2) "Storage company" means an individual,
corporation, partnership, or other association engaged in the
business of storing or repairing vehicles for compensation or with
the expectation of compensation for the storage or repair of
vehicles and includes the owner, operator, employee, or agent of a
storage company.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.3051. REMOVAL OF PERSONAL PROPERTY FROM ROADWAY OR
RIGHT-OF-WAY. (a) In this section:
(1) "Authority" means:
(A) a metropolitan rapid transit authority
operating under Chapter 451; or
(B) a regional transportation authority
operating under Chapter 452.
(2) "Law enforcement agency" means:
(A) the department;
(B) the police department of a municipality;
(C) the sheriff's office of a county; or
(D) a constable's office of a county.
(3) "Personal property" means:
(A) a vehicle described by Section 545.305;
(B) spilled cargo;
(C) a hazardous material as defined by 49 U.S.C.
Section 5102 and its subsequent amendments; or
(D) a hazardous substance as defined by Section
26.263, Water Code.
(b) An authority or a law enforcement agency may remove
personal property from a roadway or right-of-way if the authority
or law enforcement agency determines that the property blocks the
roadway or endangers public safety.
(c) Personal property may be removed under this section
without the consent of the owner or carrier of the property.
(d) The owner and any carrier of personal property removed
under this section shall reimburse the authority or law enforcement
agency for any reasonable cost of removal and disposition of the
property.
(e) Notwithstanding any other provision of law, an
authority or a law enforcement agency is not liable for:
(1) any damage to personal property removed from a
roadway or right-of-way under this section, unless the removal is
carried out recklessly or in a grossly negligent manner; or
(2) any damage resulting from the failure to exercise
the authority granted by this section.
Added by Acts 2003, 78th Leg., ch. 803, § 1, eff. June 20, 2003.
§ 545.306. REGULATION OF TOWING COMPANIES IN CERTAIN
COUNTIES. (a) The commissioners court of a county with a
population of 3.3 million or more shall by ordinance provide for the
licensing of or the granting of a permit to a person to remove or
store a vehicle authorized by Section 545.305 to be removed in an
unincorporated area of the county. The ordinance must include
rules to ensure the protection of the public and the safe and
efficient operation of towing and storage services in the county
and may not regulate or restrict the use of lighting equipment more
than the extent allowed by state and federal law. The sheriff shall
determine the rules included in the ordinance with the review and
consent of the commissioners court.
(b) The commissioners court shall set the fee for the
license or permit in an amount that reasonably offsets the costs of
enforcing the ordinance. The commissioners court shall use each
license or permit fee to pay salaries and expenses of the sheriff's
office for conducting inspections to determine compliance with the
ordinance and laws relating to dealers in scrap metal and salvage.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 669, § 143, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1034, § 3, eff. Sept. 1, 2003.
§ 545.307. OVERNIGHT PARKING OF COMMERCIAL MOTOR VEHICLE
IN RESIDENTIAL SUBDIVISION. (a) In this section:
(1) "Commercial motor vehicle" means:
(A) a commercial motor vehicle, as defined by
Section 522.003, and includes a vehicle meeting that definition
regardless of whether the vehicle is used for a commercial purpose;
or
(B) a road tractor, truck tractor, pole trailer,
or semitrailer, as those terms are defined by Section 541.201.
(2) "Residential subdivision" means a subdivision in a
county with a population greater than 220,000:
(A) for which a plat is recorded in the county
real property records; and
(B) in which the majority of lots are subject to
deed restrictions limiting the lots to residential use.
(b) After 10 p.m. and before 6 a.m., a person may not park a
commercial motor vehicle or leave the vehicle parked on a street of
a residential subdivision for which signs are posted as provided by
Subsection (c) unless the commercial motor vehicle:
(1) is transporting persons or property to or from the
residential subdivision or performing work in the subdivision; and
(2) remains parked in the subdivision only for the
period necessary to complete the transportation or work.
(c) The residents of a residential subdivision may petition
a county or municipality in which the subdivision is located for the
posting of signs prohibiting the overnight parking of a commercial
motor vehicle in the subdivision. The petition must be signed by at
least 25 percent of the owners or tenants of residences in the
subdivision. Not more than one person for each residence may sign
the petition, and each person signing must be at least 18 years of
age. Promptly after the filing of a petition meeting the
requirements of this subsection and subject to Subsection (d), the
county or municipality receiving the petition shall post the signs.
The signs must:
(1) be posted at each entrance of the subdivision
through which a commercial motor vehicle may enter the subdivision
or within the subdivision if there is not defined entrance to the
subdivision; and
(2) state, in letters at least two inches in height,
that overnight parking of a commercial motor vehicle is prohibited
in the subdivision.
(d) A county or municipality receiving a petition under
Subsection (c) may condition the posting of the signs on payment by
the residents of the residential subdivision of the cost of
providing the signs.
(e) A person commits an offense if the person parks a
commercial motor vehicle in violation of Subsection (b).
(f) This section does not limit the power of a municipality
to regulate the parking of commercial motor vehicles.
(g) For the purposes of this section, contiguous
subdivisions that are developed by the same entity or a successor to
that entity and that are given the same public name or a variation
of the same public name are considered one subdivision. Separation
of one of the subdivisions from another by a road, stream,
greenbelt, or similar barrier does not make the subdivisions
noncontiguous.
Added by Acts 1997, 75th Leg., ch. 173, § 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 731, § 1, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1419, § 1, eff. June 19, 1999.
§ 545.308. PRESUMPTION. The governing body of a local
authority, by ordinance, order, or other official action, may
provide that in a prosecution for an offense under this subchapter
involving the stopping, standing, or parking of an unattended motor
vehicle it is presumed that the registered owner of the vehicle is
the person who stopped, stood, or parked the vehicle at the time and
place the offense occurred.
Added by Acts 2001, 77th Leg., ch. 1080, § 2, eff. Sept. 1, 2001.