(A) A driver may operate a vehicle on an improved shoulder to the right of the main travelled portion of the roadway as long as necessary and when the operation may be done in safety only under the following circumstances:
(1) To stop, stand or park;
(2) To accelerate prior to entering the main travelled lane of traffic;
(3) To decelerate prior to making a right turn;
(4) To overtake and pass another vehicle that is slowing or stopped on the main travelled portion of the highway, disabled or preparing to make a left turn;
(5) To allow other vehicles to pass that are traveling at a greater speed;
(6) When permitted or required by an official traffic control device; or
(7) At any time to avoid a collision.
(B) A driver may operate a vehicle on the improved shoulder to the left of the main traveled portion of a divided or controlled-access highway when the operation may be done in safety only under the following conditions:
(1) To slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway;
(2) When permitted or required by an official traffic control device; or
(3) To avoid a collision.
(C) The provisions of this section limiting the operation of vehicles on improved shoulders shall not apply to:
(1) Authorized emergency vehicles responding to calls;
(2) Police patrols;
(3) Vehicles and equipment actually engaged in work upon a highway but shall not apply to such persons and vehicles when traveling to or from such word; or
(4) Bicycles.
Statutory reference:
Similar provisions, see Tex. Rev. Civ. Stat., Art. 6701d, § 54A