Sec. 544.004. COMPLIANCE WITH TRAFFIC-CONTROL DEVICE. (a) The operator of a vehicle or streetcar shall comply with an applicable official traffic-control device placed as provided by this subtitle unless the person is:
(1) otherwise directed by a traffic officer, police officer, or escort flagger; or
(2) operating an authorized emergency vehicle and is subject to exceptions under this subtitle.
(b) A provision of this subtitle requiring an official traffic-control device may not be enforced against an alleged violator if at the time and place of the alleged violation the device is not in proper position and sufficiently legible to an ordinarily observant person. A provision of this subtitle that does not require an official traffic-control device is effective regardless of whether a device is in place.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1129 (H.B. 2620), Sec. 3, eff. September 1, 2019.
Notes of Decisions
United States v. Joe Castillo, 804 F.3d 361 (5th Cir. 2015).
· cites it 6× “Tex. Transp. Code § 544.004. The Texas Court of Criminal Appeals has authoritatively interpreted this provision of the transportation code as applied to a “left lane for passing 4 Case: 14-41425 Document: 00513190855 Page: 5 Date Filed: 09/11/2015 No.”
Abney, Rickey Dewayne, 394 S.W.3d 542 (Tex. Crim. App. 2013).
· cites it 2× “2009) (explaining that, although a defendant who alleges a seizure in violation of the Fourth Amendment has the burden of producing some evidence that rebuts the presumption of proper police conduct, once this showing is made the burden shifts to the State to prove that the…”
Green v. State, 93 S.W.3d 541 (Tex. App. 2002).
· cites it 2× “Tex. Transp. Code Ann. § 544.004 (Vernon 1999).”
State v. Lindsey Nichole Houghton, 384 S.W.3d 441 (Tex. App. 2012).
“The video reflects that, although Houghton’s vehicle crossed the solid white stripe that marks the right boundary of the left-turn lane, Houghton signaled a lane change, moved her vehicle into the left-turn lane, and waited for an approaching car to clear the intersection before…”
Mouton v. State, 101 S.W.3d 686 (Tex. App. 2003).
“” Tex. Transp. Code Ann. § 544.004 (Vernon 1999).”
Kassem v. State, 263 S.W.3d 377 (Tex. App. 2008).
· cites it 2× “See Tex. Trans. Code Ann. § 544.004 (Vernon 1999).”
Whitehead v. Tobias, 7 S.W.3d 658 (Tex. App. 1999).
· cites it 2× “[3] TEX. TRANSP. Code Ann. § 544.004 (Vernon 1999).”
Francheska v. Jaganathan v. State, 438 S.W.3d 823 (Tex. App. 2014).
“004(a) of the Texas Transportation Code states, in pertinent part, that “[t]he operator of a vehicle or streetcar shall comply with an applicable official traffic-control device placed as provided by this subtitle-” Tex. Transp. Code Ann. § 544.004 (a) (West 2011).”
Lisa Barfield v. State (Tex. App. 2007).
· cites it 2× “shall comply with an applicable traffic-control device placed as provided by this subtitle," subject to certain exceptions not applicable here. See Tex.”
— Tex. Transp. Code § 544.004(a) — 8 cases
— Tex. Transp. Code § 544.004(a)(1) — 1 case
— Tex. Transp. Code § 544.004(b) — 2 cases
Abney, Rickey Dewayne, 394 S.W.3d 542 (Tex. Crim. App. 2013).
“2009) (explaining that, although a defendant who alleges a seizure in violation of the Fourth Amendment has the burden of producing some evidence that rebuts the presumption of proper police conduct, once this showing is made the burden shifts to the State to prove that the…”
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