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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of a motor vehicle in the vicinity of a |
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vulnerable road user; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.428 to read as follows: |
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Sec. 545.428. VULNERABLE ROAD USERS. (a) In this section, |
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"vulnerable road user" means: |
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(1) a highway construction and maintenance worker, tow |
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truck operator, utility worker, other worker with legitimate |
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business in or near the road or right-of-way, or stranded motorist |
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or passenger; |
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(2) a person on horseback; |
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(3) a person operating equipment other than a motor |
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vehicle, including a horse-driven conveyance or unprotected farm |
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equipment; or |
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(4) a pedestrian, including a runner, a physically |
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disabled person, a child, a skater, or a person operating a bicycle, |
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handcycle, moped, motor-driven cycle, or motor-assisted scooter. |
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(b) A vulnerable road user, as defined by Subsection (a)(4), |
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may not operate more than three feet from the right edge line of |
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pavement on a highway or street. |
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(c) An operator of a motor vehicle passing a vulnerable road |
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user operating on a highway or street shall: |
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(1) vacate the lane in which the vulnerable road user |
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is located if the highway has two or more marked lanes, with a total |
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width of not less than 24 feet, running in the same direction and |
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the far left lane is not occupied by a vehicle; or |
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(2) pass the vulnerable road user at a safe distance. |
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(d) For the purposes of Subsection (c)(2), the operator is |
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presumed to have failed to comply with Subsection (c)(2) if the |
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distance between the operator's vehicle and the vulnerable road |
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user is less than: |
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(1) three feet if the operator's vehicle is a passenger |
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car or light truck; or |
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(2) six feet if the operator's vehicle is a truck other |
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than a light truck or a commercial motor vehicle as defined by |
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Section 522.003. |
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(e) An operator of a motor vehicle that is making a left turn |
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at an intersection, including an intersection with an alley or |
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private road or driveway, shall yield the right-of-way to a |
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vulnerable road user who is approaching from the opposite direction |
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and is in the intersection or in such proximity to the intersection |
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as to be an immediate hazard. |
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(f) An operator of a motor vehicle may not maneuver the |
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vehicle in a manner that: |
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(1) is intended to cause intimidation or harassment to |
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a vulnerable road user; or |
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(2) threatens a vulnerable road user. |
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(g) An operator of a motor vehicle shall exercise due care |
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to avoid colliding with any vulnerable road user on a roadway or in |
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an intersection of roadways. |
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(h) A person may not open the door on the side of a vehicle |
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that is adjacent to moving traffic unless it is reasonably safe to |
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open the door without interfering with the movement of traffic, |
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including vulnerable road users. A person may not leave a door open |
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on the side of a vehicle that is adjacent to moving traffic for a |
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period longer than necessary to load or unload passengers or goods. |
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(i) A person may not harass, taunt, or throw an object or |
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liquid at or in the direction of any vulnerable road user. |
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(j) A violation of this section is punishable under Section |
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542.401 except that: |
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(1) if the violation results in property damage, the |
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violation is a misdemeanor punishable by a fine of not to exceed |
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$500; or |
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(2) if the violation results in bodily injury, the |
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violation is a Class B misdemeanor. |
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(k) The presumption provided by Subsection (d) does not |
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arise and may not be applied against the operator of the motor |
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vehicle if at the time of the offense the vulnerable road user was |
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acting in violation of the law. |
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(l) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or |
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the Penal Code, the actor may be prosecuted under either section or |
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both sections. |
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SECTION 2. This Act takes effect September 1, 2009. |