PASSING CERTAIN VEHICLES.

(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);

(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.

(b) On approaching a vehicle described by Subsection (a), an operator, unless otherwise directed by a police officer, shall:

(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:

(A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or

(B) five miles per hour when the posted speed limit is less than 25 miles per hour.

(c) A person who violates this section commits an offense. An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,250, except that the offense is:

(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).

(d) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or under both sections.

(d-1) If it is shown on the trial of the offense that the person has previously been convicted of an offense under this section, on conviction the court may order the person's driver's license to be suspended for a period not to exceed six months.

(d-2) The court may require a defendant who fails to pay a previously assessed fine or costs under this section, or who is determined by the court to have insufficient resources or income to pay a fine or costs under this section, to discharge all or part of the fine or costs assessed under this section by performing community service.

(e) In this section:

(1) "Tow truck" means a vehicle that:

(A) has been issued a permit under Subchapter C, Chapter 2308, Occupations Code; and

(B) is operated by a person licensed under Subchapter D, Chapter 2308, Occupations Code.

(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.