The felony part only applies if there was serious bodily injury to another or if its a second offense.LarryH wrote:In other words, it seems that I have to fight this, or be ready to surrender my CHL and forget getting another one for five years.
Does that about cover it, Steve?
Read section (c) (1) & (2) This section also refers to the fine.
The part about how the highway is considered divided or seperate roadways is in section (f) (1) & (2)
Here is the full law:
§ 545.066. PASSING A SCHOOL BUS; OFFENSE. (a) An
operator on a highway, when approaching from either direction a
school bus stopped on the highway to receive or discharge a student:
(1) shall stop before reaching the school bus when the
bus is operating a visual signal as required by Section 547.701;
and
(2) may not proceed until:
(A) the school bus resumes motion;
(B) the operator is signaled by the bus driver to
proceed; or
(C) the visual signal is no longer actuated.
(b) An operator on a highway having separate roadways is not
required to stop:
(1) for a school bus that is on a different roadway;
or
(2) if on a controlled-access highway, for a school
bus that is stopped:
(A) in a loading zone that is a part of or
adjacent to the highway; and
(B) where pedestrians are not permitted to cross
the roadway.
(c) An offense under this section is a misdemeanor
punishable by a fine of not less than $200 or more than $1,000,
except that the offense is:
(1) a Class A misdemeanor if the person causes serious
bodily injury to another; or
(2) a state jail felony if the person has been
previously convicted under Subdivision (1).
(d) The court may order that the driver's license of a
person convicted of a second or subsequent offense under this
section be suspended for not longer than six months beginning on the
date of conviction. In this subsection, "driver's license" has the
meaning assigned by Chapter 521.
(e) If a person does not pay the previously assessed fine or
costs on a conviction under this section, or is determined by the
court to have insufficient resources or income to pay a fine or
costs on a conviction under this section, the court may order the
person to perform community service. The court shall set the number
of hours of service under this subsection.
(f) For the purposes of this section:
(1) a highway is considered to have separate roadways
only if the highway has roadways separated by an intervening space
on which operation of vehicles is not permitted, a physical
barrier, or a clearly indicated dividing section constructed to
impede vehicular traffic; and
(2) a highway is not considered to have separate
roadways if the highway has roadways separated only by a left turn
lane.
Texas and lots of other states take passing a stopped school bus with red lights flashing pretty serious. Sounds like your best bet is defense driving or defered adjundacation. If they will allow it with some offenses they won't allow it. Good Luck!!