H.B. No. 1343
AN ACT
relating to blind and disabled pedestrians and failure of the
operator of a motor vehicle to yield the right-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 121.007, Human Resources Code, is
transferred to Chapter 552, Transportation Code, renumbered as
Section 552.010, and amended to read as follows:
Sec. 552.010 [121.007]. BLIND [AND DISABLED] PEDESTRIANS.
(a) No person may carry a white cane on a public street or highway
unless the person is totally or partially blind.
(b) The driver of a vehicle approaching an intersection or
crosswalk where a pedestrian guided by an assistance animal or
carrying a white cane is crossing or attempting to cross shall take
necessary precautions to avoid injuring or endangering the
pedestrian. The driver shall bring the vehicle to a full stop if
injury or danger can be avoided only by that action.
(c) If it is shown on the trial of an offense under this
section that as a result of the commission of the offense a
collision occurred causing serious bodily injury or death to a
blind person, the offense is a misdemeanor punishable by:
(1) a fine of not more than $500; and
(2) 30 hours of community service to an organization
or agency that primarily serves visually impaired or disabled
persons, to be completed in not less than six months and not more
than one year.
(c-1) A portion of the community service required under
Subsection (c)(2) shall include sensitivity training. [The failure
of a totally or partially blind or otherwise disabled person to
carry a white cane or be guided or aided by an assistance animal
does not deprive the person of the rights and privileges conferred
by law on pedestrians crossing streets or highways and does not
constitute evidence of contributory negligence.]
(d) For the purposes of this section:
(1) "Assistance animal" has the meaning assigned by
Section 121.002, Human Resources Code.
(2) "White cane" has the meaning assigned by Section
121.002, Human Resources Code [A person who violates this section
commits a Class C misdemeanor].
(e) If conduct constituting an offense under this section
also constitutes an offense under another section of this code or
the Penal Code, the actor may be prosecuted under either section or
both sections.
SECTION 2. Section 552.003, Transportation Code, is amended
by adding Subsections (d), (d-1), (e), and (f) to read as follows:
(d) If it is shown on the trial of an offense under
Subsection (a) that as a result of the commission of the offense a
collision occurred causing serious bodily injury or death to a
visually impaired or disabled person, the offense is a misdemeanor
punishable by:
(1) a fine of not more than $500; and
(2) 30 hours of community service to an organization
or agency that primarily serves visually impaired or disabled
persons, to be completed in not less than six months and not more
than one year.
(d-1) A portion of the community service required under
Subsection (d)(2) shall include sensitivity training.
(e) For the purposes of this section:
(1) "Visually impaired" has the meaning assigned by
Section 91.002, Human Resources Code.
(2) "Disabled" means a person who cannot walk without
the use or assistance of:
(A) a device, including a brace, cane, crutch,
prosthesis, or wheelchair; or
(B) another person.
(f) If conduct constituting an offense under this section
also constitutes an offense under another section of this code or
the Penal Code, the actor may be prosecuted under either section or
both sections.
SECTION 3. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1343 was passed by the House on May
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1343 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1343 on May 31, 2009, by the following vote: Yeas 145,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1343 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1343 on May 31, 2009, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor