In Texas, a driver can drive on an improved shoulder to the right of the roadway if it is necessary and safe to do so, but only:
There are legitimate and legal reasons for driving on an improved shoulder such as: avoiding a collision, slowing down to make a turn, or parking. But just about every time I've seen someone drive on one, it's never for any legitimate or legal reason and it's especially never at a safe speed. It's usually just out of impatience due to severe traffic.
Hauling down the shoulder at high speeds because you feel entitled to greater privileges than the rest of the drivers on the road is neither legitimate, legal, nor safe. There could very well be someone who needs to pull into the improved shoulder for a good reason and some jerk that just wants to get to the next exit just to avoid traffic may hit them. Just from impatience and self-importance.
People just need to calm down and stay alert on the roads. You don't need to abuse your privileges to get what you want. If you're paying attention then, most of the time, you'll see backed-up traffic from a long way off and you'll have plenty of opportunity to get off of that road before you get caught in the upcoming traffic. You're only going to get yourself into trouble by using the shoulder or even a grass median for your own selfish ends.
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