¶1Concurring Opinion by
¶2The evidence does not show that Powell violated Section 545.060 of the Transporta*384tion Code. Tex. Transp. Code Ann. § 545.060 (Vernon 1999). He was traveling on a divided highway and crossing from one lane to another lane of traffic traveling in the same direction. It is not a traffic violation unless the movement is shown to be unsafe. Hernandez v. State, 983 S.W.2d 867 (Tex.App.-Austin 1998, pet. ref'd).
¶3The officer’s testimony indicated that Powell was in the inside lane and moved right to cross the center stripe and then moved back left into the inside lane. He testified that he could not testify that Powell endangered any other cars in crossing the line. The State made no showing that such a movement was not safely made; therefore, no violation of this statute has been shown.
¶4This was not raised on appeal, but because the majority discussed this matter, I find it necessary to point this out.