Tex. Codes » Transportation Code · TITLE 7. VEHICLES AND TRAFFIC · SUBTITLE C. RULES OF THE ROAD · CHAPTER 541. DEFINITIONS
Texas Codes

Tex. Transp. Code § 541.302 (2026)

Traffic Areas

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Sec. 541.302. TRAFFIC AREAS. In this subtitle:

(1) "Alley" means a street that:

(A) is not used primarily for through traffic; and

(B) provides access to rear entrances of buildings or lots along a street.

(2) "Crosswalk" means:

(A) the portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines; or

(B) the portion of a roadway at an intersection that is within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.

(3) "Freeway" means a divided, controlled-access highway for through traffic.

(4) "Freeway main lane" means a freeway lane having an uninterrupted flow of through traffic.

(5) "Highway or street" means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.

(6) "Improved shoulder" means a paved shoulder.

(7) "Laned roadway" means a roadway that is divided into at least two clearly marked lanes for vehicular travel.

(8) "Limited-access or controlled-access highway" means a highway or roadway to which:

(A) persons, including owners or occupants of abutting real property, have no right of access; and

(B) access by persons to enter or exit the highway or roadway is restricted under law except at a place and in the manner determined by the authority that has jurisdiction over the highway or roadway.

(9) "Private road or driveway" means a privately owned way or place used for vehicular travel and used only by the owner and persons who have the owner's express or implied permission.

(10) "Ramp" means an interconnecting roadway of a traffic interchange, or a connecting roadway between highways at different levels or between parallel highways, that allows a vehicle to enter or exit a roadway.

(11) "Roadway" means the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately.

(12) "Safety zone" means the area in a roadway officially designated for exclusive pedestrian use and that is protected or so marked or indicated by adequate signs as to be plainly visible at all times while so designated.

(13) "School crossing zone" means a reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies.

(14) "School crosswalk" means a crosswalk designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school.

(15) "Shoulder" means the portion of a highway that is:

(A) adjacent to the roadway;

(B) designed or ordinarily used for parking;

(C) distinguished from the roadway by different design, construction, or marking; and

(D) not intended for normal vehicular travel.

(16) "Sidewalk" means the portion of a street that is:

(A) between a curb or lateral line of a roadway and the adjacent property line; and

(B) intended for pedestrian use.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Notes of Decisions
Cited in 50 cases (10 in the last 5 years), 1996–2025 · leading case: State v. Cortez, 543 S.W.3d 198 (Tex. Crim. App. 2018).
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State v. Cortez, 543 S.W.3d 198 (Tex. Crim. App. 2018). · cites it 5× “TEX. TRANSP. CODE § 541.302 (15). Tex. Gov't.”
Mahaffey v. State, 364 S.W.3d 908 (Tex. Crim. App. 2012). · cites it 4× “Texas Transportation Code Section 541.302(7) provides, "In this subtitle, [9] `Laned roadway' means a roadway that is divided into at least two clearly marked lanes for vehicular travel.”
Texas Dep't of Transp. v. Andrews, 155 S.W.3d 351 (Tex. App.—Fort Worth 2005). · cites it 2× “” Tex. TRAnsp. Code Ann. § 541.302 (11) (Vernon 1999).”
Matthews v. State, 165 S.W.3d 104 (Tex. App.—Fort Worth 2005). · cites it 2× “Tex. Transp. Code Ann. § 541.302 (16) (Vernon 1999); City of El Paso v.”
City of Austin v. Rangel, 184 S.W.3d 377 (Tex. App.—Austin 2006). “” Tex. Transp. Code Ann. § 541.302 (16) (West 2005) (emphasis added); Chacon, 148 S.”
City of El Paso v. Chacon, 148 S.W.3d 417 (Tex. App.—El Paso 2004). “Tex.TraNSp.Code Ann. § 541.302(16)(Vernon 1999); City of Wichita Falls v.”
State v. Cortez, 501 S.W.3d 606 (Tex. Crim. App. 2016). “058(a) had occurred and his stopping of Cortez was authorized by law.”
KFOURI v. State, 312 S.W.3d 89 (Tex. App.—Houston [14th Dist.] 2010). “” Tex. Transp. Code Ann. § 541.302 (11). “Shoulder” is defined as "the portion of a highway that is: (A) adjacent to the roadway; (B) designed or ordinarily used for parking; (C) distinguished from the roadway by different design, construction, or marking; and (D) not intended…”
Texas Dep't of Pub. Saf. v. Guajardo, 970 S.W.2d 602 (Tex. App.—Houston [14th Dist.] 1998). “See Tex. Transp.Code Ann. § 541.302(5) (Vernon 1998).”
Jornaleros de Las Palmas v. City of League City, 945 F. Supp. 2d 779 (S.D. Tex. 2013). · cites it 2× “” Tex. Transp. Code § 541.302(11). 57. LCPD officers (incorrectly) interpreted “roadway” for purposes of § 552.”
Jordan Dwayne Nichols v. State, 494 S.W.3d 854 (Tex. App.—Houston [14th Dist.] 2016). “” Tex. Transp. Code Ann. § 541.302 (5) (Vernon 2011), Appellant does not dispute that the road he turned onto from the grocery store parking lot was a highway under die statute.”
Univ. of Texas at Austin v. Hayes, 279 S.W.3d 877 (Tex. App.—Austin 2009). · cites it 2× “Finally, "`Roadway' means the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel.”
Show all 50 citing cases →
Tex. Transp. Code § 541.302(11): 5 cases
Texas Dep't of Transp. v. Andrews, 155 S.W.3d 351 (Tex. App.—Fort Worth 2005). “” Tex. TRAnsp. Code Ann. § 541.302 (11) (Vernon 1999).”
Jornaleros de Las Palmas v. City of League City, 945 F. Supp. 2d 779 (S.D. Tex. 2013). “” Tex. Transp. Code § 541.302(11). 57. LCPD officers (incorrectly) interpreted “roadway” for purposes of § 552.”
City of Dallas v. Evelyn McKeller, No. 05-23-00035-CV (Tex. App.—Dallas Mar. 7, 2024).
Hector Tellez v. State, No. 08-13-00141-CR (Tex. App.—El Paso Sept. 16, 2015).
Tellez, Hector, No. PD-1342-15 (Tex. Crim. App. Dec. 18, 2015).
Tex. Transp. Code § 541.302(15): 4 cases
State v. Cortez, 543 S.W.3d 198 (Tex. Crim. App. 2018). “TEX. TRANSP. CODE § 541.302 (15). Tex. Gov't.”
Douglas John Manifold, Jr. v. State, No. 06-17-00103-CR (Tex. App.—Texarkana Nov. 9, 2017).
Douglas John Manifold, Jr. v. State, No. 06-17-00101-CR (Tex. App.—Texarkana Nov. 9, 2017).
Carrie Kathleen Burleson v. State, No. 06-19-00258-CR (Tex. App.—Texarkana Apr. 17, 2020).
Tex. Transp. Code § 541.302(16): 7 cases
City of El Paso v. Chacon, 148 S.W.3d 417 (Tex. App.—El Paso 2004). “Tex.TraNSp.Code Ann. § 541.302(16)(Vernon 1999); City of Wichita Falls v.”
Matthews v. State, 165 S.W.3d 104 (Tex. App.—Fort Worth 2005). “Tex. Transp. Code Ann. § 541.302 (16) (Vernon 1999); City of El Paso v.”
Silva v. Spohn Health Sys. Corp., 951 S.W.2d 91 (Tex. App.—Corpus Christi 1997).
Roberts v. City of Grapevine, 923 S.W.2d 169 (Tex. App.—Fort Worth 1996).
City of Austin v. Brandy Credeur, No. 03-19-00358-CV, 2021 WL 501110 (Tex. App.—Austin Feb. 11, 2021).
Tex. Transp. Code § 541.302(5): 8 cases
State v. Cortez, 501 S.W.3d 606 (Tex. Crim. App. 2016). “058(a) had occurred and his stopping of Cortez was authorized by law.”
Texas Dep't of Pub. Saf. v. Guajardo, 970 S.W.2d 602 (Tex. App.—Houston [14th Dist.] 1998). “See Tex. Transp.Code Ann. § 541.302(5) (Vernon 1998).”
State v. Jose Luis Cortez, No. 07-15-00196-CR (Tex. App.—Amarillo Feb. 3, 2017).
Demetrius Domonique Mitchell v. State, No. 01-18-00609-CR (Tex. App.—Houston [1st Dist.] June 20, 2019).
Elkin Martinez-Cornelio v. State, No. 06-19-00061-CR (Tex. App.—Texarkana Oct. 4, 2019).
Tex. Transp. Code § 541.302(6): 6 cases
State v. Cortez, 543 S.W.3d 198 (Tex. Crim. App. 2018). “TEX. TRANSP. CODE § 541.302 (15). Tex. Gov't.”
Douglas John Manifold, Jr. v. State, No. 06-17-00103-CR (Tex. App.—Texarkana Nov. 9, 2017).
Douglas John Manifold, Jr. v. State, No. 06-17-00101-CR (Tex. App.—Texarkana Nov. 9, 2017).
Carrie Kathleen Burleson v. State, No. 06-19-00258-CR (Tex. App.—Texarkana Apr. 17, 2020).
Danny Willie Flores v. State of Texas, No. 08-21-00129-CR (Tex. App.—El Paso Aug. 17, 2022).
Tex. Transp. Code § 541.302(7): 5 cases
Mahaffey v. State, 364 S.W.3d 908 (Tex. Crim. App. 2012). “Texas Transportation Code Section 541.302(7) provides, "In this subtitle, [9] `Laned roadway' means a roadway that is divided into at least two clearly marked lanes for vehicular travel.”
State of Texas v. Jose Rolando Charles, Jr., 693 S.W.3d 825 (Tex. App.—Austin 2024).
Mahaffey, Wilton Larron, No. PD-0795-11 (Tex. Crim. App. Apr. 25, 2012).
Mahaffey, Wilton Larron, No. PD-0795-11 (Tex. Crim. App. Apr. 25, 2012).
Amanda Beth Darter v. State, No. 08-11-00022-CR (Tex. App.—El Paso May 30, 2012).
Tex. Transp. Code § 541.302(8): 1 case
Westfreight Sys. Inc. v. John Michael Heuston, No. 04-14-00124-CV (Tex. App.—San Antonio Jan. 9, 2015).
Tex. Transp. Code § 541.302(9): 1 case
United Servs. Prof'l Grp., Inc. v. David M. Hurt, No. 05-14-00108-CV (Tex. App.—Dallas Dec. 7, 2015).
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