Texas 2009 - 81st Regular

Texas Senate Bill SB488 Compare Versions

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Old	New	Differences
1	1	S.B. No. 488
2	2
3	3
4	4	AN ACT
5	5	relating to the operation of a motor vehicle in the vicinity of a
6	6	vulnerable road user; providing penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter I, Chapter 545, Transportation Code,
9	9	is amended by adding Section 545.428 to read as follows:
10	10	Sec. 545.428. VULNERABLE ROAD USERS. (a) In this section,
11	11	"vulnerable road user" means:
12	12	(1) a pedestrian, including a runner, physically
13	13	disabled person, child, skater, highway construction and
14	14	maintenance worker, tow truck operator, utility worker, other
15	15	worker with legitimate business in or near the road or
16	16	right-of-way, or stranded motorist or passenger;
17	17	(2) a person on horseback;
18	18	(3) a person operating equipment other than a motor
19	19	vehicle, including a bicycle, handcycle, horse-driven conveyance,
20	20	or unprotected farm equipment; or
21	21	(4) a person operating a motorcycle, moped,
22	22	motor-driven cycle, or motor-assisted scooter.
23	23	(b) An operator of a motor vehicle passing a vulnerable road
24	24	user operating on a highway or street shall:
25	25	(1) vacate the lane in which the vulnerable road user
26	26	is located if the highway has two or more marked lanes running in
27	27	the same direction; or
28	28	(2) pass the vulnerable road user at a safe distance.
29	29	(c) For the purposes of Subsection (b)(2), when road
30	30	conditions allow, safe distance is at least:
31	31	(1) three feet if the operator's vehicle is a passenger
32	32	car or light truck; or
33	33	(2) six feet if the operator's vehicle is a truck other
34	34	than a light truck or a commercial motor vehicle as defined by
35	35	Section 522.003.
36	36	(d) An operator of a motor vehicle that is making a left turn
37	37	at an intersection, including an intersection with an alley or
38	38	private road or driveway, shall yield the right-of-way to a
39	39	vulnerable road user who is approaching from the opposite direction
40	40	and is in the intersection or in such proximity to the intersection
41	41	as to be an immediate hazard.
42	42	(e) An operator of a motor vehicle may not overtake a
43	43	vulnerable road user traveling in the same direction and
44	44	subsequently make a right-hand turn in front of the vulnerable road
45	45	user unless the operator is safely clear of the vulnerable road
46	46	user, taking into account the speed at which the vulnerable road
47	47	user is traveling and the braking requirements of the vehicle
48	48	making the right-hand turn.
49	49	(f) An operator of a motor vehicle may not maneuver the
50	50	vehicle in a manner that:
51	51	(1) is intended to cause intimidation or harassment to
52	52	a vulnerable road user; or
53	53	(2) threatens a vulnerable road user.
54	54	(g) An operator of a motor vehicle shall exercise due care
55	55	to avoid colliding with any vulnerable road user on a roadway or in
56	56	an intersection of roadways.
57	57	(h) A violation of this section is punishable under Section
58	58	542.401 except that:
59	59	(1) if the violation results in property damage, the
60	60	violation is a misdemeanor punishable by a fine of not to exceed
61	61	$500; or
62	62	(2) if the violation results in bodily injury, the
63	63	violation is a Class B misdemeanor.
64	64	(i) It is a defense to prosecution under this section that
65	65	at the time of the offense the vulnerable road user was acting in
66	66	violation of the law.
67	67	(j) If conduct constituting an offense under this section
68	68	also constitutes an offense under another section of this code or
69	69	the Penal Code, the actor may be prosecuted under either section or
70	70	both sections.
71	71	SECTION 2. This Act takes effect September 1, 2009.
72	72	______________________________ ______________________________
73	73	President of the Senate Speaker of the House
74	74	I hereby certify that S.B. No. 488 passed the Senate on
75	75	April 21, 2009, by the following vote: Yeas 25, Nays 5;
76	76	May 23, 2009, Senate refused to concur in House amendments and
77	77	requested appointment of Conference Committee; May 29, 2009, House
78	78	granted request of the Senate; May 31, 2009, Senate adopted
79	79	Conference Committee Report by the following vote: Yeas 26,
80	80	Nays 5.
81	81	______________________________
82	82	Secretary of the Senate
83	83	I hereby certify that S.B. No. 488 passed the House, with
84	84	amendments, on May 19, 2009, by the following vote: Yeas 140,
85	85	Nays 5, one present not voting; May 29, 2009, House granted request
86	86	of the Senate for appointment of Conference Committee;
87	87	May 30, 2009, House adopted Conference Committee Report by the
88	88	following vote: Yeas 142, Nays 0, two present not voting.
89	89	______________________________
90	90	Chief Clerk of the House
91	91	Approved:
92	92	______________________________
93	93	Date
94	94	______________________________
95	95	Governor