83R10688 JXC-F
  By: Martinez H.B. No. 3290
  relating to the operation of a motor vehicle in the vicinity of a
  vulnerable road user; providing penalties.
         SECTION 1.  Subchapter I, Chapter 545, Transportation Code,
  is amended by adding Section 545.428 to read as follows:
         Sec. 545.428.  VULNERABLE ROAD USERS. (a) In this section,
  "vulnerable road user" means:
               (1)  a pedestrian, including a runner, physically
  disabled person, community or school volunteer, child, skater,
  highway construction or maintenance worker, tow truck operator,
  utility worker, law enforcement officer, worker with legitimate
  business in or near the road or right-of-way, or stranded or
  detained motorist or passenger;
               (2)  a person on horseback; or
               (3)  a person operating equipment other than a motor
  vehicle, including a bicycle, moped, motor-driven cycle, or
  motor-assisted scooter.
         (b)  An operator of a motor vehicle approaching or passing a
  vulnerable road user operating on a highway or street shall:
               (1)  vacate the lane in which the vulnerable road user
  is located if the highway has two or more marked lanes running in
  the same direction; and
               (2)  if passing, pass the vulnerable road user at a safe
  distance and a reasonable speed.
         (c)  For the purposes of Subsection (b)(2), when road
  conditions allow, safe distance is at least:
               (1)  three feet if the operator's vehicle is a passenger
  car or light truck; or
               (2)  six feet if the operator's vehicle is a truck other
  than a light truck or a commercial motor vehicle as defined by
  Section 522.003.
         (d)  An operator of a motor vehicle that is making a turn at
  an intersection, including an intersection with an alley or private
  road or driveway, shall yield the right-of-way to a vulnerable road
  user who is in the intersection or in such proximity to the
  intersection as to be an immediate hazard.
         (e)  An operator of a motor vehicle may not overtake a
  vulnerable road user traveling in the same direction and
  subsequently turn in front of the vulnerable road user unless the
  operator is safely clear of the vulnerable road user, taking into
  account the speed at which the vulnerable road user is traveling and
  the braking requirements of the vehicle making the turn.
         (f)  An operator of a motor vehicle may not maneuver the
  vehicle in a manner that:
               (1)  is intended to cause intimidation or harassment to
  a vulnerable road user; or
               (2)  threatens a vulnerable road user.
         (g)  An operator of a motor vehicle shall exercise due care
  to avoid colliding with a vulnerable road user on a roadway or in an
  intersection of roadways.
         (h)  A violation of this section is a misdemeanor punishable
  by a fine of not less than $50 or more than $500. A person accused of
  violating this section who fails to appear at a hearing or trial on
  the violation is subject to the maximum applicable penalty for
  failing to appear.
         (i)  It is an affirmative defense to prosecution under this
  section that at the time of the offense the vulnerable road user was
  acting in violation of the law.
         SECTION 2.  This Act takes effect September 1, 2013.