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AN ACT
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relating to motor vehicle accidents involving a vulnerable road |
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user within the area of a crosswalk and to requiring the operator of |
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a vehicle to yield the right-of-way to a pedestrian; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Lisa Torry Smith |
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Act. |
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SECTION 2. 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. MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN |
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OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE. |
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(a) In this section: |
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(1) "Electric personal assistive mobility device" has |
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the meaning assigned by Section 551.201. |
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(2) "Golf cart" has the meaning assigned by Section |
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551.401. |
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(3) "Motor-assisted scooter" has the meaning assigned |
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by Section 551.351. |
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(4) "Neighborhood electric vehicle" has the meaning |
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assigned by Section 551.301. |
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(b) A person commits an offense if the person with criminal |
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negligence: |
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(1) operates a motor vehicle within the area of a |
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crosswalk; and |
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(2) causes bodily injury to a pedestrian or a person |
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operating a bicycle, motor-assisted scooter, electronic personal |
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assistive mobility device, neighborhood electric vehicle, or golf |
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cart. |
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(c) An offense under this section is a Class A misdemeanor, |
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except that the offense is a state jail felony if the person |
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described by Subsection (b)(2) suffered serious bodily injury. |
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(d) It is an affirmative defense to prosecution under this |
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section that, at the time of the offense, the person described by |
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Subsection (b)(2) was violating a provision of this subtitle |
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relating to walking, movement, or operation in a crosswalk or on a |
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roadway. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 3. Sections 544.007(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) An operator of a vehicle facing a circular green signal |
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may proceed straight or turn right or left unless a sign prohibits |
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the turn. The operator shall, while the signal is exhibited: |
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(1) yield the right-of-way to other vehicles [and to |
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pedestrians] lawfully in the intersection [or an adjacent |
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crosswalk] when the signal is exhibited; and |
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(2) stop and yield the right-of-way to pedestrians |
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lawfully in the intersection or an adjacent crosswalk. |
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(c) An operator of a vehicle facing a green arrow signal, |
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displayed alone or with another signal, may cautiously enter the |
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intersection to move in the direction permitted by the arrow or |
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other indication shown simultaneously. The operator shall stop and |
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yield the right-of-way to a pedestrian lawfully in an adjacent |
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crosswalk and shall yield the right-of-way to other traffic |
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lawfully using the intersection. |
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SECTION 4. Section 552.002(b), Transportation Code, is |
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amended to read as follows: |
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(b) A pedestrian facing a "Walk" signal may proceed across a |
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roadway in the direction of the signal, and the operator of a |
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vehicle shall stop and yield the right-of-way to the pedestrian. |
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SECTION 5. Sections 552.003(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) The operator of a vehicle shall stop and yield the |
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right-of-way to a pedestrian crossing a roadway in a crosswalk if: |
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(1) no traffic control signal is in place or in |
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operation; and |
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(2) the pedestrian is: |
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(A) on the half of the roadway in which the |
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vehicle is traveling; or |
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(B) approaching so closely from the opposite half |
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of the roadway as to be in danger. |
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(b) Notwithstanding Subsection (a), a pedestrian may not |
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suddenly leave a curb or other place of safety and proceed into a |
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crosswalk in the path of a vehicle so close that it is impossible |
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for the vehicle operator to stop and yield. |
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SECTION 6. Section 552.006(c), Transportation Code, is |
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amended to read as follows: |
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(c) The operator of a vehicle emerging from or entering an |
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alley, building, or private road or driveway shall stop and yield |
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the right-of-way to a pedestrian approaching on a sidewalk |
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extending across the alley, building entrance or exit, road, or |
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driveway. |
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SECTION 7. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 8. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1055 passed the Senate on |
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April 19, 2021, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2021, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1055 passed the House, with |
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amendment, on May 14, 2021, by the following vote: Yeas 70, |
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Nays 57, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |