Texas Codes

Tex. Transp. Code § 545.351 (2026)

Maximum Speed Requirement

✓ current as of May 2026

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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.

(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. 2007).

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State v. Guzman, 240 S.W.3d 362 (Tex. App. 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. 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. 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. 2005). · cites it 2× “See Tex. Transp. Code Ann. § 545.351 (b)(2) (West 1999); see also id.”

Ruben Aleman, M.D. 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. 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. 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. 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. 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. 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. 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, Individually & on Behalf of the Est. of Jesus Reyes Ricardez v. Jose Lara, 455 S.W.3d 744 (Tex. App. 2015).

Nam Hoai Le v. State, 963 S.W.2d 838 (Tex. App. 1998).

Texas Dep't of Pub. Saf. v. Cortinas, 996 S.W.2d 885 (Tex. App. 1998).

Ordonez v. Carolina Cargo Freight Expediters, LLC. (W.D. Tex. 2023).

Osvanis Lozada & Tels, Inc. v. Cesar R. Posada (Tex. 2025).

— Tex. Transp. Code § 545.351(b) — 1 case

the State of Texas v. Kimberly Hulse Davis (Tex. App. 2022).

— Tex. Transp. Code § 545.351(b)(2) — 4 cases

Rodriguez v. State, 191 S.W.3d 428 (Tex. App. 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. 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. 2011).

Rodriguez v. State, 191 S.W.3d 428 (Tex. App. 2006).

— Tex. Transp. Code § 545.351(c)(2) — 1 case

Jose Miguel Garcia Villareal v. State (Tex. App. 2016).

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