Texas 2009 - 81st Regular

Texas House Bill HB1343 Compare Versions

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1	1	H.B. No. 1343
2	2
3	3
4	4	AN ACT
5	5	relating to blind and disabled pedestrians and failure of the
6	6	operator of a motor vehicle to yield the right-of-way.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 121.007, Human Resources Code, is
9	9	transferred to Chapter 552, Transportation Code, renumbered as
10	10	Section 552.010, and amended to read as follows:
11	11	Sec. 552.010 [121.007]. BLIND [AND DISABLED] PEDESTRIANS.
12	12	(a) No person may carry a white cane on a public street or highway
13	13	unless the person is totally or partially blind.
14	14	(b) The driver of a vehicle approaching an intersection or
15	15	crosswalk where a pedestrian guided by an assistance animal or
16	16	carrying a white cane is crossing or attempting to cross shall take
17	17	necessary precautions to avoid injuring or endangering the
18	18	pedestrian. The driver shall bring the vehicle to a full stop if
19	19	injury or danger can be avoided only by that action.
20	20	(c) If it is shown on the trial of an offense under this
21	21	section that as a result of the commission of the offense a
22	22	collision occurred causing serious bodily injury or death to a
23	23	blind person, the offense is a misdemeanor punishable by:
24	24	(1) a fine of not more than $500; and
25	25	(2) 30 hours of community service to an organization
26	26	or agency that primarily serves visually impaired or disabled
27	27	persons, to be completed in not less than six months and not more
28	28	than one year.
29	29	(c-1) A portion of the community service required under
30	30	Subsection (c)(2) shall include sensitivity training. [The failure
31	31	of a totally or partially blind or otherwise disabled person to
32	32	carry a white cane or be guided or aided by an assistance animal
33	33	does not deprive the person of the rights and privileges conferred
34	34	by law on pedestrians crossing streets or highways and does not
35	35	constitute evidence of contributory negligence.]
36	36	(d) For the purposes of this section:
37	37	(1) "Assistance animal" has the meaning assigned by
38	38	Section 121.002, Human Resources Code.
39	39	(2) "White cane" has the meaning assigned by Section
40	40	121.002, Human Resources Code [A person who violates this section
41	41	commits a Class C misdemeanor].
42	42	(e) If conduct constituting an offense under this section
43	43	also constitutes an offense under another section of this code or
44	44	the Penal Code, the actor may be prosecuted under either section or
45	45	both sections.
46	46	SECTION 2. Section 552.003, Transportation Code, is amended
47	47	by adding Subsections (d), (d-1), (e), and (f) to read as follows:
48	48	(d) If it is shown on the trial of an offense under
49	49	Subsection (a) that as a result of the commission of the offense a
50	50	collision occurred causing serious bodily injury or death to a
51	51	visually impaired or disabled person, the offense is a misdemeanor
52	52	punishable by:
53	53	(1) a fine of not more than $500; and
54	54	(2) 30 hours of community service to an organization
55	55	or agency that primarily serves visually impaired or disabled
56	56	persons, to be completed in not less than six months and not more
57	57	than one year.
58	58	(d-1) A portion of the community service required under
59	59	Subsection (d)(2) shall include sensitivity training.
60	60	(e) For the purposes of this section:
61	61	(1) "Visually impaired" has the meaning assigned by
62	62	Section 91.002, Human Resources Code.
63	63	(2) "Disabled" means a person who cannot walk without
64	64	the use or assistance of:
65	65	(A) a device, including a brace, cane, crutch,
66	66	prosthesis, or wheelchair; or
67	67	(B) another person.
68	68	(f) If conduct constituting an offense under this section
69	69	also constitutes an offense under another section of this code or
70	70	the Penal Code, the actor may be prosecuted under either section or
71	71	both sections.
72	72	SECTION 3. (a) The change in law made by this Act applies
73	73	only to an offense committed on or after the effective date of this
74	74	Act. For purposes of this section, an offense is committed before
75	75	the effective date of this Act if any element of the offense occurs
76	76	before that date.
77	77	(b) An offense committed before the effective date of this
78	78	Act is covered by the law in effect when the offense was committed,
79	79	and the former law is continued in effect for that purpose.
80	80	SECTION 4. This Act takes effect September 1, 2009.
81	81	______________________________ ______________________________
82	82	President of the Senate Speaker of the House
83	83	I certify that H.B. No. 1343 was passed by the House on May
84	84	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
85	85	voting; that the House refused to concur in Senate amendments to
86	86	H.B. No. 1343 on May 29, 2009, and requested the appointment of a
87	87	conference committee to consider the differences between the two
88	88	houses; and that the House adopted the conference committee report
89	89	on H.B. No. 1343 on May 31, 2009, by the following vote: Yeas 145,
90	90	Nays 0, 1 present, not voting.
91	91	______________________________
92	92	Chief Clerk of the House
93	93	I certify that H.B. No. 1343 was passed by the Senate, with
94	94	amendments, on May 27, 2009, by the following vote: Yeas 30, Nays
95	95	1; at the request of the House, the Senate appointed a conference
96	96	committee to consider the differences between the two houses; and
97	97	that the Senate adopted the conference committee report on H.B. No.
98	98	1343 on May 31, 2009, by the following vote: Yeas 30, Nays 1.
99	99	______________________________
100	100	Secretary of the Senate
101	101	APPROVED: __________________
102	102	Date
103	103	__________________
104	104	Governor