Tex. Codes » Transportation Code · TITLE 7. VEHICLES AND TRAFFIC · SUBTITLE C. RULES OF THE ROAD · CHAPTER 545. OPERATION AND MOVEMENT OF VEHICLES
Texas Codes

Tex. Transp. Code § 545.420 (2026)

Racing On Highway; Impoundment Of A Vehicle

✓ current as of May 2026
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Sec. 545.420. RACING ON HIGHWAY; IMPOUNDMENT OF A VEHICLE. (a) A person may not participate in any manner in:

(1) a race;

(2) a vehicle speed competition or contest;

(3) a drag race or acceleration contest;

(4) a test of physical endurance of the operator of a vehicle; or

(5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record.

(b) In this section:

(1) "Drag race" means the operation of:

(A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or

(B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time.

(2) "Race" means the use of one or more vehicles in an attempt to:

(A) outgain or outdistance another vehicle or prevent another vehicle from passing;

(B) arrive at a given destination ahead of another vehicle or vehicles; or

(C) test the physical stamina or endurance of an operator over a long-distance driving route.

(c) [Blank]

(d) Except as provided by Subsections (e)-(h), an offense under Subsection (a) is a Class B misdemeanor.

(e) An offense under Subsection (a) is a Class A misdemeanor if it is shown on the trial of the offense that:

(1) the person has previously been convicted one time of an offense under that subsection; or

(2) the person, at the time of the offense:

(A) was operating the vehicle while intoxicated, as defined by Section 49.01, Penal Code; or

(B) was in possession of an open container, as defined by Section 49.031, Penal Code.

(f) An offense under Subsection (a) is a state jail felony if it is shown on the trial of the offense that the person has previously been convicted two times of an offense under that subsection.

(g) An offense under Subsection (a) is a felony of the third degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered bodily injury.

(h) An offense under Subsection (a) is a felony of the second degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered serious bodily injury or death.

(i) A peace officer shall require a vehicle used in the commission of an offense under Subsection (a) or an offense punishable under Section 42.03(d) or (e), Penal Code, to be taken to the nearest licensed vehicle storage facility unless the vehicle is seized as evidence, in which case the vehicle may be taken to a storage facility as designated by the peace officer involved. Notwithstanding Article 18.23, Code of Criminal Procedure, the owner of a vehicle that is removed or stored under this subsection is liable for all removal and storage fees incurred and is not entitled to take possession of the vehicle until those fees are paid.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 535, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1258 (H.B. 548), Sec. 1, eff. September 1, 2009.

Acts 2023, 88th Leg., R.S., Ch. 329 (H.B. 2899), Sec. 1, eff. June 2, 2023.

Acts 2023, 88th Leg., R.S., Ch. 329 (H.B. 2899), Sec. 2, eff. June 2, 2023.

Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 36, eff. September 1, 2023.

Notes of Decisions
Cited in 38 cases (10 in the last 5 years), 2000–2025 · leading case: Sony v. State, 307 S.W.3d 348 (Tex. App. 2009).
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Sony v. State, 307 S.W.3d 348 (Tex. App. 2009). · cites it 6× “See TEX. TRANSP. CODE ANN. § 545.420 (Vernon Supp.”
Singleton v. State, 91 S.W.3d 342 (Tex. App. 2002). · cites it 5× “Officer Zwerneman testified the squealing of tires is a violation of Tex. Transp. Code Ann. § 545.420 (Vernon 1999), because it is an exhibition of acceleration.”
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007). · cites it 4× “June 19, 1997; TEX. TRANSP. CODE ANN. § 545.420(a), (g)-(h) (Vernon Supp.”
Urdiales v. State, 349 S.W.3d 1 (Tex. App. 2009). · cites it 12× “See Tex. Transp. Code Ann. § 545.420 (a)(1) (Vernon Supp.”
KFOURI v. State, 312 S.W.3d 89 (Tex. App. 2010). · cites it 4× “Background Appellant was indicted under Texas Transportation Code section 545.420 for the offense of causing the death of a person by intentionally and knowingly participating in a drag race on July 12, 2007.”
Fernandez v. State, 306 S.W.3d 354 (Tex. App. 2010). · cites it 2× “[29] Tex. Transp. Code Ann. § 545.420 (b)(1)(B) (defining "drag race").”
David Alan Daniel v. State, 478 S.W.3d 773 (Tex. App. 2015). · cites it 4× “But the offense is a second-degree felony “if it is shown on the trial of the offense that as a result of the offense, an individual suffered serious bodily injury or death.”
State v. Guzman, 240 S.W.3d 362 (Tex. App. 2007). · cites it 2× “" Tex. Transp. Code Ann. § 545.420 (a)(5) (West Supp.”
Degenhardt v. Bintliff, 117 F.4th 747 (5th Cir. 2024). “” Tex. Transp. Code § 545.420(b)(1). It also outlaws “rac[ing]”: “the use of one or more vehicles in attempt to .”
Bice v. State, 17 S.W.3d 354 (Tex. App. 2000). “Tex. TRANSPORTATION Code Ann. § 545.420 (a)(5) (Vernon 1999).”
Jaden Walker v. the State of Texas (Tex. App. 2024). · cites it 4× “04 (a); Tex. Transp. Code Ann. § 545.420 (a)(1), (b)(2), (h).”
Ex Parte Travis Todman v. the State of Texas (Tex. App. 2023). · cites it 3× “04 ; Tex. Transp. Code Ann. § 545.420 (a), (h).”
Show all 38 citing cases →
— Tex. Transp. Code § 545.420(1)(a) — 1 case
Luis Felipe Losoya Garza v. State (Tex. App. 2013).
— Tex. Transp. Code § 545.420(a) — 6 cases
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007). “June 19, 1997; TEX. TRANSP. CODE ANN. § 545.420(a), (g)-(h) (Vernon Supp.”
Albertico Valenzuela v. the State of Texas (Tex. App. 2023).
Albertico Valenzuela v. the State of Texas (Tex. App. 2023).
Albertico Valenzuela v. the State of Texas (Tex. App. 2023).
Albertico Valenzuela v. the State of Texas (Tex. App. 2023).
— Tex. Transp. Code § 545.420(a)(1) — 2 cases
Urdiales v. State, 349 S.W.3d 1 (Tex. App. 2009). “See Tex. Transp. Code Ann. § 545.420 (a)(1) (Vernon Supp.”
Sony v. State, 307 S.W.3d 348 (Tex. App. 2009). “See TEX. TRANSP. CODE ANN. § 545.420 (Vernon Supp.”
— Tex. Transp. Code § 545.420(b)(1) — 1 case
Degenhardt v. Bintliff, 117 F.4th 747 (5th Cir. 2024). “” Tex. Transp. Code § 545.420(b)(1). It also outlaws “rac[ing]”: “the use of one or more vehicles in attempt to .”
— Tex. Transp. Code § 545.420(b)(2)(A) — 1 case
Urdiales v. State, 349 S.W.3d 1 (Tex. App. 2009). “See Tex. Transp. Code Ann. § 545.420 (a)(1) (Vernon Supp.”
— Tex. Transp. Code § 545.420(h) — 1 case
Cequil Shag Clemons v. the State of Texas (Tex. App. 2025).
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