| 1 | 1 | | 81R656 JTS-F |
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| 2 | 2 | | By: Harper-Brown H.B. No. 273 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a motor vehicle passing a bicyclist; providing |
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| 8 | 8 | | penalties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 545, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 545.0535 to read as follows: |
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| 12 | 12 | | Sec. 545.0535. PASSING BICYCLIST ON HIGHWAY OR STREET. (a) |
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| 13 | 13 | | An operator of a motor vehicle passing a bicyclist operating on a |
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| 14 | 14 | | highway or street shall: |
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| 15 | 15 | | (1) vacate the lane in which the bicyclist is |
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| 16 | 16 | | operating when operating on a highway with two or more marked lanes; |
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| 17 | 17 | | or |
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| 18 | 18 | | (2) pass at a safe distance. |
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| 19 | 19 | | (b) For the purposes of Subsection (a), the operator is |
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| 20 | 20 | | presumed to have passed the bicyclist at a distance that was not |
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| 21 | 21 | | safe if the distance between the operator's vehicle and the bicycle |
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| 22 | 22 | | was less than: |
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| 23 | 23 | | (1) three feet if the operator's vehicle is a vehicle |
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| 24 | 24 | | other than a vehicle described by Subdivision (2); or |
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| 25 | 25 | | (2) six feet if the operator's vehicle is: |
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| 26 | 26 | | (A) a truck other than a light truck; or |
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| 27 | 27 | | (B) a commercial motor vehicle, as defined by |
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| 28 | 28 | | Section 522.003. |
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| 29 | 29 | | (c) A violation of this section is: |
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| 30 | 30 | | (1) a misdemeanor punishable under Section 542.401; |
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| 31 | 31 | | (2) a misdemeanor punishable by a fine of $500 if the |
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| 32 | 32 | | violation results in property damage; or |
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| 33 | 33 | | (3) a Class B misdemeanor if the violation results in |
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| 34 | 34 | | bodily injury. |
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| 35 | 35 | | (d) It is a defense to prosecution under this section that |
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| 36 | 36 | | at the time of the offense the bicyclist was not in compliance with |
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| 37 | 37 | | Section 551.103 or 551.104(b)(2). |
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| 38 | 38 | | (e) If conduct constituting an offense under this section |
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| 39 | 39 | | also constitutes an offense under another section of this code or |
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| 40 | 40 | | the Penal Code, the actor may be prosecuted under either section or |
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| 41 | 41 | | under both sections. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2009. |
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