Subchapter I. Miscellaneous Rules
SUBCHAPTER I. MISCELLANEOUS RULES
§ 545.401. RECKLESS DRIVING; OFFENSE. (a) A person
commits an offense if the person drives a vehicle in wilful or
wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30
days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies
to:
(1) a private access way or parking area provided for a
client or patron by a business, other than a private residential
property or the property of a garage or parking lot for which a
charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.
(d) Notwithstanding Section 542.004, this section applies
to a person, a team, or motor vehicles and other equipment engaged
in work on a highway surface.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.402. MOVING A PARKED VEHICLE. An operator may not
begin movement of a stopped, standing, or parked vehicle unless the
movement can be made safely.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.403. DRIVING THROUGH SAFETY ZONE. An operator may
not drive through or in a safety zone.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.404. UNATTENDED MOTOR VEHICLE. An operator may
not leave the vehicle unattended without:
(1) stopping the engine;
(2) locking the ignition;
(3) removing the key from the ignition;
(4) setting the parking brake effectively; and
(5) if standing on a grade, turning the front wheels to
the curb or side of the highway.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.405. DRIVING ON MOUNTAIN HIGHWAY. An operator
moving through a defile or canyon or on a mountain highway shall:
(1) hold the vehicle under control and as near the
right-hand edge of the highway as possible; and
(2) on approaching a curve that obstructs the view of
the highway for 200 feet, give warning with the horn of the motor
vehicle.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.406. COASTING. (a) An operator moving on a
downgrade may not coast with the gears or transmission of the
vehicle in neutral.
(b) An operator of a truck, tractor, or bus moving on a
downgrade may not coast with the clutch disengaged.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.407. FOLLOWING OR OBSTRUCTING FIRE APPARATUS OR
AMBULANCE. (a) An operator, unless on official business, may not
follow closer than 500 feet a fire apparatus responding to a fire
alarm or drive into or park the vehicle in the block where the fire
apparatus has stopped to answer a fire alarm.
(b) An operator may not:
(1) follow closer than 500 feet an ambulance that is
flashing red lights unless the operator is on official business; or
(2) drive or park the vehicle where an ambulance has
been summoned for an emergency call in a manner intended to
interfere with the arrival or departure of the ambulance.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.408. CROSSING FIRE HOSE. An operator may not,
without the consent of the fire department official in command,
drive over an unprotected hose of a fire department if the hose is
on a street or private driveway and is intended for use at a fire or
alarm of fire.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.409. DRAWBARS AND TRAILER HITCHES; SADDLE-MOUNT
TOWING. (a) The drawbar or other connection between a vehicle
drawing another vehicle and the drawn vehicle:
(1) must be strong enough to pull all weight drawn;
and
(2) may not exceed 15 feet between the vehicles except
for a connection between two vehicles transporting poles, pipe,
machinery, or other objects of structural nature that cannot
readily be dismembered.
(b) An operator drawing another vehicle and using a chain,
rope, or cable to connect the vehicles shall display on the
connection a white flag or cloth not less than 12 inches square.
(c) A motor vehicle may not draw more than three motor
vehicles attached to it by the triple saddle-mount method. In this
subsection, "triple saddle-mount method" means the mounting of the
front wheels of trailing vehicles on the bed of another vehicle
while leaving the rear wheels only of the trailing vehicles in
contact with the roadway.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.410. TOWING SAFETY CHAINS. (a) An operator of a
passenger car or light truck may not draw a trailer, semitrailer,
house trailer, or another motor vehicle unless safety chains of a
type approved by the department are attached in a manner approved by
the department from the trailer, semitrailer, house trailer, or
drawn motor vehicle to the drawing vehicle. This subsection does
not apply to the drawing of a trailer or semitrailer used for
agricultural purposes.
(b) The department shall adopt rules prescribing the type of
safety chains required to be used according to the weight of the
trailer, semitrailer, house trailer, or motor vehicle being drawn.
The rules shall:
(1) require safety chains to be strong enough to
maintain the connection between the trailer, semitrailer, house
trailer, or drawn motor vehicle and the drawing vehicle; and
(2) show the proper method to attach safety chains
between the trailer, semitrailer, house trailer, or drawn motor
vehicle and the drawing vehicle.
(c) Subsection (b) does not apply to trailers,
semitrailers, or house trailers that are equipped with safety
chains installed by the original manufacturer before the effective
date of the rules.
(d) This section does not apply to a trailer, semitrailer,
house trailer, or drawn motor vehicle that is operated in
compliance with the federal motor carrier safety regulations.
(e) In this section, "safety chains" means flexible tension
members connected from the front of a drawn vehicle to the rear of
the drawing vehicle to maintain connection between the vehicles if
the primary connecting system fails.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.113(a), eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1357, § 1, eff. Sept. 1, 1999.
§ 545.411. USE OF REST AREA: OFFENSE. (a) A person
commits an offense if the person remains at a rest area for longer
than 24 hours or erects a tent, shelter, booth, or structure at the
rest area and the person:
(1) has notice while conducting the activity that the
activity is prohibited; or
(2) receives notice that the activity is prohibited
but does not depart or remove the structure within eight hours after
receiving notice.
(b) For purposes of this section, a person:
(1) has notice if a sign stating the prohibited
activity and penalty is posted on the premises; or
(2) receives notice if a peace officer orally
communicates to the person the prohibited activity and penalty for
the offense.
(c) It is an exception to Subsection (a) if a nonprofit
organization erects a temporary structure at a rest area to provide
food services, food, or beverages to travelers and the Texas
Department of Transportation:
(1) finds that the services would constitute a public
service for the benefit of the traveling public; and
(2) issues a permit to the organization.
(d) In this section, "rest area" means public real property
designated as a rest area, comfort station, picnic area, roadside
park, or scenic overlook by the Texas Department of Transportation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.412. CHILD PASSENGER SAFETY SEAT SYSTEMS;
OFFENSE.
Subsection (a) as amended by Acts 2001, 77th Leg., ch. 618, § 1
(a) A person commits an offense if the person operates a
passenger car or light truck and transports a child who is younger
than five years of age and less than 36 inches in height and does not
keep the child secured during the operation of the vehicle in a
child passenger safety seat system according to the instructions of
the manufacturer of the safety seat system
Subsection (a) as amended by Acts 2001, 77th Leg., ch. 910, § 1
(a) A person commits an offense if the person operates a
passenger vehicle, transports a child who is younger than four
years of age or less than 36 inches in height, and does not keep the
child secured during the operation of the vehicle in a child
passenger safety seat system according to the instructions of the
manufacturer of the safety seat system.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $100 or more than $200.
(c) It is a defense to prosecution under this section that
the person was operating the vehicle in an emergency or for a law
enforcement purpose.
(d) Repealed by Acts 2003, 78th Leg., ch. 204, § 8.01.
(e) This section does not apply to a person:
(1) operating a vehicle transporting passengers for
hire; or
(2) transporting a child in a vehicle in which all
seating positions equipped with child passenger safety seat systems
or safety belts are occupied.
(f) In this section:
(1) "Child passenger safety seat system" means an
infant or child passenger restraint system that meets the federal
standards for crash-tested restraint systems as set by the National
Highway Traffic Safety Administration.
(2) "Passenger vehicle" means a passenger car, light
truck, sport utility vehicle, truck, or truck tractor.
(3) "Safety belt" means a lap belt and any shoulder
straps included as original equipment on or added to a vehicle.
(4) "Secured," in connection with use of a safety
belt, means using the lap belt and any shoulder straps according to
the instructions of:
(A) the manufacturer of the vehicle, if the
safety belt is original equipment; or
(B) the manufacturer of the safety belt, if the
safety belt has been added to the vehicle.
(g) A judge, acting under Article 45.0511, Code of Criminal
Procedure, who elects to defer further proceedings and to place a
defendant accused of a violation of this section on probation under
that article, in lieu of requiring the defendant to complete a
driving safety course approved by the Texas Education Agency, shall
require the defendant to attend and present proof that the
defendant has successfully completed a specialized driving safety
course approved by the Texas Education Agency under the Texas
Driver and Traffic Safety Education Act (Article 4413(29c),
Vernon's Texas Civil Statutes) that includes four hours of
instruction that encourages the use of child passenger safety seat
systems and the wearing of seat belts and emphasizes:
(1) the effectiveness of child passenger safety seat
systems and seat belts in reducing the harm to children being
transported in motor vehicles; and
(2) the requirements of this section and the penalty
for noncompliance.
(h) Notwithstanding Section 542.402(a), a municipality or
county, at the end of the municipality's or county's fiscal year,
shall send to the comptroller an amount equal to 50 percent of the
fines collected by the municipality or the county for violations of
this section. The comptroller shall deposit the amount received to
the credit of the tertiary care fund for use by trauma centers.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.114(a), eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 618, § 1, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 910, § 1, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1042, § 1, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 204, § 8.01, eff. Sept. 1, 2003.
§ 545.413. SAFETY BELTS; OFFENSE. (a) A person
commits an offense if the person:
(1) is at least 15 years of age;
(2) is riding in the front seat of a passenger vehicle
while the vehicle is being operated;
(3) is occupying a seat that is equipped with a safety
belt; and
(4) is not secured by a safety belt.
(b) A person commits an offense if the person:
(1) operates a passenger vehicle that is equipped with
safety belts; and
(2) allows a child who is at least five years of age
but younger than 17 years of age or who is younger than five years of
age and at least 36 inches in height to ride in the vehicle without
requiring the child to be secured by a safety belt, provided the
child is occupying a seat that is equipped with a safety belt.
(c) A passenger vehicle or a seat in a passenger vehicle is
considered to be equipped with a safety belt if the vehicle is
required under Section 547.601 to be equipped with safety belts.
(d) An offense under Subsection (a) is a misdemeanor
punishable by a fine of not less than $25 or more than $50. An
offense under Subsection (b) is a misdemeanor punishable by a fine
of not less than $100 or more than $200.
(e) It is a defense to prosecution under this section that:
(1) the person possesses a written statement from a
licensed physician stating that for a medical reason the person
should not wear a safety belt;
(2) the person presents to the court, not later than
the 10th day after the date of the offense, a statement from a
licensed physician stating that for a medical reason the person
should not wear a safety belt;
(3) the person is employed by the United States Postal
Service and performing a duty for that agency that requires the
operator to service postal boxes from a vehicle or that requires
frequent entry into and exit from a vehicle;
(4) the person is engaged in the actual delivery of
newspapers from a vehicle or is performing newspaper delivery
duties that require frequent entry into and exit from a vehicle;
(5) the person is employed by a public or private
utility company and is engaged in the reading of meters or
performing a similar duty for that company requiring the operator
to frequently enter into and exit from a vehicle; or
(6) The person is operating a commercial vehicle
registered as a farm vehicle under the provisions of Section
502.163 that does not have a gross weight, registered weight, or
gross weight rating of 48,000 pounds or more.
(f) The department shall develop and implement an
educational program to encourage the wearing of safety belts and to
emphasize:
(1) the effectiveness of safety belts and other
restraint devices in reducing the risk of harm to passengers in
motor vehicles; and
(2) the requirements of this section and the penalty
for noncompliance.
(g) Repealed by Acts 2003, 78th Leg., ch. 204, § 8.01.
(h) In this section, "passenger vehicle," "safety belt,"
and "secured" have the meanings assigned by Section 545.412.
(i) A judge, acting under Article 45.0511, Code of Criminal
Procedure, who elects to defer further proceedings and to place a
defendant accused of a violation of Subsection (b) on probation
under that article, in lieu of requiring the defendant to complete a
driving safety course approved by the Texas Education Agency, shall
require the defendant to attend and present proof that the
defendant has successfully completed a specialized driving safety
course approved by the Texas Education Agency under the Texas
Driver and Traffic Safety Education Act (Article 4413(29c),
Vernon's Texas Civil Statutes) that includes four hours of
instruction that encourages the use of child passenger safety seat
systems and the wearing of seat belts and emphasizes:
(1) the effectiveness of child passenger safety seat
systems and seat belts in reducing the harm to children being
transported in motor vehicles; and
(2) the requirements of this section and the penalty
for noncompliance.
(j) Notwithstanding Section 542.402(a), a municipality or
county, at the end of the municipality's or county's fiscal year,
shall send to the comptroller an amount equal to 50 percent of the
fines collected by the municipality or the county for violations of
Subsection (b) of this section. The comptroller shall deposit the
amount received to the credit of the tertiary care fund for use by
trauma centers.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.115(a), eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 316, § 1, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 515, § 1, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 618, § 2, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 910, § 2, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 1042, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 204, § 8.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
431, § 1, eff. Sept. 1, 2003.
§ 545.414. RIDING IN OPEN BEDS; OFFENSE. (a) A person
commits an offense if the person operates an open-bed pickup truck
or an open flatbed truck or draws an open flatbed trailer when a
child younger than 18 years of age is occupying the bed of the truck
or trailer.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $25 or more than $200.
(c) It is a defense to prosecution under this section that
the person was:
(1) operating or towing the vehicle in a parade or in
an emergency;
(2) operating the vehicle to transport farmworkers
from one field to another field on a farm-to-market road,
ranch-to-market road, or county road outside a municipality;
(3) operating the vehicle on a beach;
(4) operating a vehicle that is the only vehicle owned
or operated by the members of a household; or
(5) operating the vehicle in a hayride permitted by
the governing body of or a law enforcement agency of each county or
municipality in which the hayride will occur.
(d) Compliance or noncompliance with Subsection (a) is not
admissible evidence in a civil trial.
(e) In this section, "household" has the meaning assigned by
Section 71.005, Family Code.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 79, § 1, eff. Sept. 1, 2001.
§ 545.415. BACKING A VEHICLE. (a) An operator may not
back the vehicle unless the movement can be made safely and without
interference with other traffic.
(b) An operator may not back the vehicle on a shoulder or
roadway of a limited-access or controlled-access highway.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.416. RIDING ON MOTORCYCLE. (a) An operator of a
motorcycle shall ride on the permanent and regular seat attached to
the motorcycle.
(b) An operator may not carry another person on the
motorcycle, and a person who is not operating the motorcycle may not
ride on the motorcycle, unless the motorcycle is designed to carry
more than one person.
(c) If the motorcycle is designed to carry more than one
person, a passenger may ride only on the permanent and regular seat,
if designed for two persons, or on another seat firmly attached to
the motorcycle behind or to the side of the operator.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.417. OBSTRUCTION OF OPERATOR'S VIEW OR DRIVING
MECHANISM. (a) An operator may not drive a vehicle when it is
loaded so that, or when the front seat has a number of persons,
exceeding three, so that:
(1) the view of the operator to the front or sides of
the vehicle is obstructed; or
(2) there is interference with the operator's control
over the driving mechanism of the vehicle.
(b) A passenger in a vehicle may not ride in a position that
interferes with the operator's view to the front or sides or control
over the driving mechanism of the vehicle.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.418. OPENING VEHICLE DOORS. A person may not:
(1) open the door of a motor vehicle on the side
available to moving traffic, unless the door may be opened in
reasonable safety without interfering with the movement of other
traffic; or
(2) leave a door on the side of a vehicle next to
moving traffic open for longer than is necessary to load or unload a
passenger.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.419. RIDING IN HOUSE TRAILER. A person may not
occupy a house trailer while it is being moved.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.4191. PERSON RIDING IN TRAILER OR SEMITRAILER
DRAWN BY TRUCK, ROAD TRACTOR, OR TRUCK TRACTOR. (a) A person may
not operate a truck, road tractor, or truck tractor when another
person occupies a trailer or semitrailer being drawn by the truck,
road tractor, or truck tractor.
(b) It is a defense to prosecution under this section that:
(1) the person was operating or towing the vehicle:
(A) in a parade or in an emergency;
(B) to transport farmworkers from one field to
another field on a farm-to-market road, ranch-to-market road, or
county road outside a municipality; or
(C) in a hayride permitted by the governing body
of or a law enforcement agency of each county or municipality in
which the hayride will occur;
(2) the person operating or towing the vehicle did not
know that another person occupied the trailer or semitrailer; or
(3) the person occupying the trailer or semitrailer
was in a part of the trailer or semitrailer designed for human
habitation.
(c) An offense under this section is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 641, § 1, eff. Sept. 1, 2003.
§ 545.420. RACING ON HIGHWAY. (a) A person may not
participate in any manner in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a
vehicle; or
(5) in connection with a drag race, an exhibition of
vehicle speed or acceleration or to make a vehicle speed record.
(b) In this section:
(1) "Drag race" means the operation of:
(A) two or more vehicles from a point side by side
at accelerating speeds in a competitive attempt to outdistance each
other; or
(B) one or more vehicles over a common selected
course, from the same place to the same place, for the purpose of
comparing the relative speeds or power of acceleration of the
vehicle or vehicles in a specified distance or time.
(2) "Race" means the use of one or more vehicles in an
attempt to:
(A) outgain or outdistance another vehicle or
prevent another vehicle from passing;
(B) arrive at a given destination ahead of
another vehicle or vehicles; or
(C) test the physical stamina or endurance of an
operator over a long-distance driving route.
(c) [Blank]
(d) Except as provided by Subsections (e)-(h), an offense
under Subsection (a) is a Class B misdemeanor.
(e) An offense under Subsection (a) is a Class A misdemeanor
if it is shown on the trial of the offense that:
(1) the person has previously been convicted one time
of an offense under that subsection; or
(2) the person, at the time of the offense:
(A) was operating the vehicle while intoxicated,
as defined by Section 49.01, Penal Code; or
(B) was in possession of an open container, as
defined by Section 49.031, Penal Code.
(f) An offense under Subsection (a) is a state jail felony
if it is shown on the trial of the offense that the person has
previously been convicted two times of an offense under that
subsection.
(g) An offense under Subsection (a) is a felony of the third
degree if it is shown on the trial of the offense that as a result of
the offense, an individual suffered bodily injury.
(h) An offense under Subsection (a) 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 serious bodily injury
or death.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 535, § 1, eff. Sept. 1, 2003.
§ 545.421. FLEEING OR ATTEMPTING TO ELUDE POLICE
OFFICER; OFFENSE. (a) A person commits an offense if the person
operates a motor vehicle and wilfully fails or refuses to bring the
vehicle to a stop or flees, or attempts to elude, a pursuing police
vehicle when given a visual or audible signal to bring the vehicle
to a stop.
(b) A signal under this section that is given by a police
officer pursuing a vehicle may be by hand, voice, emergency light,
or siren. The officer giving the signal must be in uniform and
prominently display the officer's badge of office. The officer's
vehicle must be appropriately marked as an official police vehicle.
(c) Except as provided by Subsection (d), an offense under
this section is a Class B misdemeanor.
(d) An offense under this section is a Class A misdemeanor
if the person, during the commission of the offense, recklessly
engages in conduct that places another in imminent danger of
serious bodily injury.
(e) A person is presumed to have recklessly engaged in
conduct placing another in imminent danger of serious bodily injury
under Subsection (d) if the person while intoxicated knowingly
operated a motor vehicle during the commission of the offense. In
this subsection, "intoxicated" has the meaning assigned by Section
49.01, Penal Code.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.422. CROSSING SIDEWALK OR HIKE AND BIKE
TRAIL. (a) A person may not drive a motor vehicle on a sidewalk,
sidewalk area, or hike and bike trail except on a permanent or
authorized temporary driveway.
(b) Subsection (a) does not prohibit the operation of a
motor vehicle on a hike and bike trail in connection with
maintenance of the trail.
(c) In this section, "hike and bike trail" means a trail
designed for the exclusive use of pedestrians, bicyclists, or both.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.116(a), eff. Sept. 1,
1997.
§ 545.423. CROSSING PROPERTY. (a) An operator may not
cross a sidewalk or drive through a driveway, parking lot, or
business or residential entrance without stopping the vehicle.
(b) An operator may not cross or drive in or on a sidewalk,
driveway, parking lot, or business or residential entrance at an
intersection to turn right or left from one highway to another
highway.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 545.424. OPERATION OF VEHICLE BY PERSON UNDER 18 YEARS
OF AGE. (a) A person under 18 years of age, during the six-month
period following issuance of an original Class A, B, or C driver's
license to the person, may not operate a motor vehicle:
(1) after midnight and before 5 a.m. unless the
operation of the vehicle is necessary for the operator to attend or
participate in employment or a school-related activity or because
of a medical emergency; or
(2) with more than one passenger in the vehicle under
21 years of age who is not a family member.
(b) A person under 17 years of age who holds a restricted
motorcycle license or moped license, during the six-month period
following the issuance of an original motorcycle license or moped
license to the person, may not operate a motorcycle or moped after
midnight and before 5 a.m. unless:
(1) the person is in sight of the person's parent or
guardian; or
(2) the operation of the vehicle is necessary for the
operator to attend or participate in employment or a school-related
activity or because of a medical emergency.
(c) This section does not apply to:
(1) the holder of a hardship license; or
(2) a person operating a motor vehicle while
accompanied in the manner required by Section 521.222(d)(2) for the
holder of an instruction permit.
(d) For the purposes of this section, employment includes
work on a family farm by a member of the family that owns or operates
the farm.
(e) A peace officer may not stop a vehicle or detain the
operator of a vehicle for the sole purpose of determining whether
the operator of the vehicle has violated this section.
Added by Acts 2001, 77th Leg., ch. 1251, § 3, eff. Jan. 1, 2002.