AUSTIN – Today, Texas state Representative Lynn Stucky (R-Sanger) filed a bill that seeks to increase the penalty for drivers who break the state's Move Over, Slow Down law. The representative, who has passed major public safety legislation in previous sessions, said the goal is to increase awareness and encourage drivers to be more aware of individuals that are stalled or working on major highways.

In 2021, nearly 4,500 individuals died from crashes on Texas roadways -- more than 2,500 of those fatalities occurred on interstate highways or state highways. While Denton County only accounted for 68 fatal crashes, each of the state's five largest counties accounted for triple-digit fatalities from vehicle accidents. During that same period, there were four fatal crashes and 182 total accidents related to drivers failing to slow down or move over for a vehicle displaying emergency lights.

"The Legislature has taken multiple steps to make drivers more aware of the importance of being alert when navigating Texas roadways. Unfortunately, we are still seeing individuals driving recklessly and injuring or killing Texans who are working these highways and rural routes," said Rep. Lynn Stucky. "I am filing this bill to impress upon Texans the importance of being alert and taking every necessary step to prevent a tragic death of a first responder, roadside workers, and others keeping our roads safe."

House Bill 898 seeks to increase the penalties for violating the Move Over, Slow Down law as follows:

• A Class C misdemeanor carrying a possible fine between $500-$1,250.

• Subsequent violations would carry enhanced fines between $1,000-$2,000.

• A violation causing serious bodily injury would be enhanced from a Class B misdemeanor to a Class A misdemeanor, which carries a possible punishment of a year in county jail and a fine up to $4,000.

• Subsequent violations causing serious bodily injury would enhance the penalty to a state jail felony, which carries a possible punishment of up to 2 years in a state jail and a fine of up to $10,000.

• Additional enhancements under the Texas Penal Code may occur based on the circumstances of the violation.
  

The Texas Legislature first passed the Move Over, Slow Down law in 2003, and several amendments were made to the Texas Transportation Code to add classes of vehicles and workers covered under the law. Those include law enforcement, first responders, and roadside construction and maintenance workers. The current penalty is a fine of up to $200, which increases to $2,000 for subsequent violations.

Data compiled by the Emergency Responder Safety Institute show 65 deaths of first responders struck by vehicles nationwide in 2021. The total for each category is as follows: Law Enforcement (30), Firefighters/EMS (9), Tow Truck Operators (22), and Road Service/Department of Transportation Employees (4). 

"The stories of the survivors of these accidents and the families that must carry on after a tragic death are harrowing," Rep. Stucky said, adding "I believe by enhancing the penalties, we are taking this issue seriously in Texas. Our North Texas community each year hears a tragic story about someone who was helping a bystander killed by a reckless driver. My intent is to bring awareness to this issue and back that up with changes that will hopefully encourage drivers to be more responsible on the road."

Rep. Stucky serves House District 64, which will now include Wise County and northeast Denton County. He currently serves as the Vice Chair of the House Committee on County Affairs and is a member of the House Appropriations committee. This is not the North Texas state representative's first foray into public safety bills. 

In the 2019 session, Rep. Stucky authored and passed legislation to create the Peace Officer Loan Repayment Assistance Program, which serves as a recruiting tool for law enforcement throughout the state. The program awards tuition repayment assistance to officers each year for up to five years. Earlier this month, Lt. Gov. Dan Patrick named increasing funding for that program as one of his legislative priorities for the 88th Texas Legislature.

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