Tex. Codes » Transportation Code · TITLE 7. VEHICLES AND TRAFFIC · SUBTITLE C. RULES OF THE ROAD · CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES
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Tex. Transp. Code § 545.351 (2026)

Maximum Speed Requirement

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Sec. 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.

(b) An operator:

(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and

(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.

(c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if:

(1) the operator is approaching and crossing an intersection or railroad grade crossing;

(2) the operator is approaching and going around a curve;

(3) the operator is approaching a hill crest;

(4) the operator is traveling on a narrow or winding roadway; and

(5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.109, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 110 cases (23 in the last 5 years), 1996–2026 · leading case: State v. Guzman, 240 S.W.3d 362 (Tex. App.—Austin 2007).
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State v. Guzman, 240 S.W.3d 362 (Tex. App.—Austin 2007). · cites it 4× “See Tex. Transp. Code Ann. § 545.351 (a) (West 1999) (speeding).”
Texas Dep't of Pub. Saf. v. Gilfeather, 293 S.W.3d 875 (Tex. App.—Fort Worth 2009). · cites it 2× “; see also Tex. Transp. Code Ann. § 545.351 (Vernon 1999) (declaring that speeding is a traffic violation for which an officer may lawfully stop and detain a person).”
Rodriguez v. State, 191 S.W.3d 428 (Tex. App.—Corpus Christi 2006). · cites it 2× “[54] See TEX. TRANSP. CODE ANN. § 545.351(b)(2) (Vernon 1999) (operator shall control vehicle speed as needed to avoid colliding with another vehicle); Maxcey v.”
Wiede v. State, 157 S.W.3d 87 (Tex. App.—Austin 2005). · cites it 2× “See Tex. Transp. Code Ann. § 545.351 (b)(2) (West 1999); see also id.”
Ruben Aleman v. Texas Med. Bd., 573 S.W.3d 796 (Tex. 2019). “The physician has likely violated a state law, see TEX. TRANSP. CODE §§ 545.351 -.352, and under the Board's interpretation the physician's "act" is at least arguably "connected with" his practice of medicine.”
Queeman v. State, 520 S.W.3d 616 (Tex. Crim. App. 2017). “See Tex. Transp. Code §§ 545.351, 545.062. 6 As we explain in more detail be *624 low, viewing the evidence in a light most favorable to the jury’s verdict, we agree with the court of appeals that (1) appellant did fail to maintain a proper speed and safe distance, (2) he was…”
Ephraim v. State, 237 S.W.3d 438 (Tex. App.—Texarkana 2007). · cites it 2× “See Tex. Transp. Code Ann. § 545.351 (a). Contrasting with that, in order to prove an “intoxication assault” charge, the State *441 must prove the following elements: (1) a person (2) while driving a motor vehicle (3) in a public place (4) while intoxicated (5) by reason of his…”
Texas Dep't of Pub. Saf. v. Gonzales, 276 S.W.3d 88 (Tex. App.—San Antonio 2008). “See Tex. Transp. Code Ann. § 545.351 (b)(1) (Vernon 1999) (“An operator may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing”).”
McQueen v. State, 329 S.W.3d 255 (Tex. App.—Houston [14th Dist.] 2010). · cites it 3× “Texas Transportation Code Section 545.351 Appellant’s third and fourth issues concern his interpretation of Transportation Code section 545.”
Ruiz-angeles v. State, 351 S.W.3d 489 (Tex. App.—Houston [14th Dist.] 2011). · cites it 2× “shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.”
Tollett v. State, 219 S.W.3d 593 (Tex. App.—Texarkana 2007). “” See Tex. Transp. Code Ann. § 545.351 (a). The information wholly fails to allege Tollett drove a vehicle at a speed greater than was reasonable and prudent.”
Adriana P. Perez v. Webb Cnty., 511 S.W.3d 233 (Tex. App.—San Antonio 2015). “” Tex. Transp. Code Ann. § 545.351 (a). However, “[t]he regulation of the speed of a vehicle under this subchapter does not apply to: (1) an authorized emergency vehicle responding to a call; [or] (2) a police patrol.”
Show all 110 citing cases →
Tex. Transp. Code § 545.351(a): 20 cases
Lazaro Reyes Ciguero v. Jose Lara, 455 S.W.3d 744 (Tex. App.—El Paso 2015).
Nam Hoai Le v. State, 963 S.W.2d 838 (Tex. App.—Corpus Christi 1998).
Texas Dep't of Pub. Saf. v. Cortinas, 996 S.W.2d 885 (Tex. App.—Houston [14th Dist.] 1998).
Ordonez v. Carolina Cargo Freight Expediters, LLC., No. 3:21-cv-00077 (W.D. Tex. Jan. 18, 2023).
Osvanis Lozada & Tels, Inc. v. Cesar R. Posada, 718 S.W.3d 262 (Tex. 2025).
Tex. Transp. Code § 545.351(b): 1 case
State of Texas v. Kimberly Hulse Davis, No. 05-21-00726-CR (Tex. App.—Dallas Dec. 12, 2022).
Tex. Transp. Code § 545.351(b)(2): 4 cases
Rodriguez v. State, 191 S.W.3d 428 (Tex. App.—Corpus Christi 2006). “[54] See TEX. TRANSP. CODE ANN. § 545.351(b)(2) (Vernon 1999) (operator shall control vehicle speed as needed to avoid colliding with another vehicle); Maxcey v.”
Ruiz-angeles v. State, 351 S.W.3d 489 (Tex. App.—Houston [14th Dist.] 2011). “shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.”
Ruiz-Angeles v. State, 346 S.W.3d 261 (Tex. App.—Houston [14th Dist.] 2011).
Rodriguez v. State, 191 S.W.3d 428 (Tex. App.—Corpus Christi 2006).
Tex. Transp. Code § 545.351(c)(2): 1 case
Jose Miguel Garcia Villareal v. State, No. 04-15-00290-CR (Tex. App.—San Antonio Aug. 17, 2016).
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