Texas Transportation Code - TRANSP § 545.157. Passing Certain 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);

(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;

(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;

(6) a vehicle operated by or pursuant to a contract with a toll project entity, as defined by Section 372.001, using visual signals that comply with the standards and specifications adopted under Section 547.105;

(7) a vehicle operated by an animal control officer, as defined by Section 829.001, Health and Safety Code, for the purpose of removing an animal or animal carcass from a roadway, or an individual authorized to dispose of a carcass of an animal under Section 361.117, Health and Safety Code, for the purpose of removing an animal carcass from a roadway, and using visual signals that comply with the standards and specifications adopted under Section 547.105;  and

(8) a vehicle operated by an employee of a local authority for the purpose of issuing a parking citation and using visual signals that comply with the standards and specifications adopted under Section 547.105.

(1) vacate the lane closest to the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle;  or

(2) slow to a speed not to exceed:

(1) a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 for a second or subsequent offense committed within five years of the date on which the most recent preceding offense was committed;

(2) a Class A misdemeanor if the offense results in bodily injury to another;  or

(3) a state jail felony for a second or subsequent offense punishable under Subdivision (2).

(1) “Tow truck” means a vehicle that:

(2) “Traffic control channelizing device” means equipment used to warn and alert drivers of conditions created by work activities in or near the traveled way, to protect workers in a temporary traffic control zone, and to guide drivers and pedestrians safely.  The term includes a traffic cone, tubular marker, vertical panel, drum, barricade, temporary raised island, concrete or cable barrier, guardrail, or channelizer.