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Texas Transportation Code - Section 545.066. Passing A School Bus; Offense

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 545.066. Passing A School Bus; Offense

§ 545.066. PASSING A SCHOOL BUS;  OFFENSE.  (a) An 
operator on a highway, when approaching from either direction a 
school bus stopped on the highway to receive or discharge a student:
		(1)  shall stop before reaching the school bus when the 
bus is operating a visual signal as required by Section 547.701;  
and
		(2)  may not proceed until:                                                   
			(A)  the school bus resumes motion;                                          
			(B)  the operator is signaled by the bus driver to 
proceed;  or            
			(C)  the visual signal is no longer actuated.                                
	(b)  An operator on a highway having separate roadways is not 
required to stop:
		(1)  for a school bus that is on a different roadway;  
or                   
		(2)  if on a controlled-access highway, for a school 
bus that is stopped:   
			(A)  in a loading zone that is a part of or 
adjacent to the highway;  and  
			(B)  where pedestrians are not permitted to cross 
the roadway.             
	(c)  An offense under this section is a misdemeanor 
punishable by a fine of not less than $200 or more than $1,000, 
except that the offense is:
		(1)  a Class A misdemeanor if the person causes serious 
bodily injury to another;  or
		(2)  a state jail felony if the person has been 
previously convicted under Subdivision (1).
	(d)  The court may order that the driver's license of a 
person convicted of a second or subsequent offense under this 
section be suspended for not longer than six months beginning on the 
date of conviction.  In this subsection, "driver's license" has the 
meaning assigned by Chapter 521.
	(e)  If a person does not pay the previously assessed fine or 
costs on a conviction under this section, or is determined by the 
court to have insufficient resources or income to pay a fine or 
costs on a conviction under this section, the court may order the 
person to perform community service.  The court shall set the number 
of hours of service under this subsection.
	(f)  For the purposes of this section:                                         
		(1)  a highway is considered to have separate roadways 
only if the highway has roadways separated by an intervening space 
on which operation of vehicles is not permitted, a physical 
barrier, or a clearly indicated dividing section constructed to 
impede vehicular traffic;  and
		(2)  a highway is not considered to have separate 
roadways if the highway has roadways separated only by a left turn 
lane.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 1438, § 9, eff. Sept. 1, 1997;  Acts 
2003, 78th Leg., ch. 1325, § 19.06(a), eff. Sept. 1, 2003.

Last modified: August 11, 2007