Texas 2009 - 81st Regular

Texas Senate Bill SB647 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4361 SLB-D
2	2	By: Van de Putte S.B. No. 647
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to blind and disabled pedestrians and failure of the
8	8	operator of a motor vehicle to yield the right-of-way.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 121.007, Human Resources Code, is
11	11	transferred to Chapter 552, Transportation Code, renumbered as
12	12	Section 552.010, and amended to read as follows:
13	13	Sec. 552.010 [121.007]. BLIND [AND DISABLED] PEDESTRIANS.
14	14	(a) No person may carry a white cane on a public street or highway
15	15	unless the person is totally or partially blind.
16	16	(b) The driver of a vehicle approaching an intersection or
17	17	crosswalk where a pedestrian guided by an assistance animal or
18	18	carrying a white cane is crossing or attempting to cross shall take
19	19	necessary precautions to avoid injuring or endangering the
20	20	pedestrian. The driver shall bring the vehicle to a full stop if
21	21	injury or danger can be avoided only by that action.
22	22	(c) If it is shown on the trial of an offense under this
23	23	section that as a result of the commission of the offense a
24	24	collision occurred causing serious bodily injury or death to a
25	25	blind person, the offense is a misdemeanor punishable by:
26	26	(1) a fine of not more than $4,000; and
27	27	(2) not less than 100 hours and not more than 200 hours
28	28	of community service to an organization or agency that primarily
29	29	serves visually impaired or disabled persons, to be completed in
30	30	not less than six months and not more than one year. [The failure of
31	31	a totally or partially blind or otherwise disabled person to carry a
32	32	white cane or be guided or aided by an assistance animal does not
33	33	deprive the person of the rights and privileges conferred by law on
34	34	pedestrians crossing streets or highways and does not constitute
35	35	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	SECTION 2. Section 552.003, Transportation Code, is amended
43	43	by adding Subsections (d) and (e) to read as follows:
44	44	(d) If it is shown on the trial of an offense under
45	45	Subsection (a) that as a result of the commission of the offense a
46	46	collision occurred causing serious bodily injury or death to a
47	47	visually impaired or disabled person, the offense is a misdemeanor
48	48	punishable by:
49	49	(1) a fine of not more than $4,000; and
50	50	(2) not less than 100 hours and not more than 200 hours
51	51	of community service to an organization or agency that primarily
52	52	serves visually impaired or disabled persons, to be completed in
53	53	not less than six months and not more than one year.
54	54	(e) For the purposes of this section:
55	55	(1) "Visually impaired" has the meaning assigned by
56	56	Section 91.002, Human Resources Code.
57	57	(2) "Disabled" means a person who cannot walk without
58	58	the use or assistance of:
59	59	(A) a device, including a brace, cane, crutch,
60	60	prosthesis, or wheelchair; or
61	61	(B) another person.
62	62	SECTION 3. Subchapter D, Chapter 542, Transportation Code,
63	63	is amended by adding Section 542.407 to read as follows:
64	64	Sec. 542.407. DISPOSITION OF FINES FOR OFFENSE CAUSING
65	65	INJURY TO CERTAIN PEDESTRIANS. (a) Before depositing money from a
66	66	fine collected for an offense under Section 552.003(d) or
67	67	552.010(c) with the appropriate treasury, the officer collecting
68	68	the fine shall keep separate records of the money collected. Each
69	69	calendar quarter, the officer collecting a fine for an offense
70	70	under Section 552.003(d) or 552.010(c) shall submit a report to the
71	71	comptroller. The report must comply with Articles 103.005(c) and
72	72	(d), Code of Criminal Procedure.
73	73	(b) The custodian of money in a treasury to which money
74	74	described by Subsection (a) is deposited shall:
75	75	(1) keep records of the amount of money collected
76	76	under Subsection (a) that is on deposit in the treasury; and
77	77	(2) until notified otherwise by the comptroller as
78	78	provided by Subsection (d), not later than the last day of the month
79	79	following each calendar quarter, remit to the comptroller an amount
80	80	equal to 10 percent of the money described by Subsection (a) that
81	81	was deposited in the treasury during the previous calendar quarter,
82	82	as required by the comptroller.
83	83	(c) The comptroller shall deposit money received under
84	84	Subsection (b) to the credit of a special account in the general
85	85	revenue fund to be known as the visually impaired safety services
86	86	account. Money in the account may be appropriated only to the
87	87	Department of Assistive and Rehabilitative Services to provide the
88	88	following to visually impaired persons:
89	89	(1) adjustment to blindness counseling and guidance;
90	90	(2) coordination of eye medical treatment;
91	91	(3) service to maximize residual vision;
92	92	(4) independent living skills training;
93	93	(5) assistance in accessing community resources; and
94	94	(6) training and self-management education for
95	95	secondary disabilities.
96	96	(d) In any state fiscal year, once the amount deposited in
97	97	the special account under Subsection (c) during the fiscal year
98	98	exceeds $500,000, the comptroller shall notify any custodian making
99	99	a remittance under Subsection (b) that further remittances for the
100	100	fiscal year are not required. The comptroller shall refund any
101	101	remittance received after the account exceeds that amount.
102	102	SECTION 4. (a) The change in law made by this Act applies
103	103	only to an offense committed on or after the effective date of this
104	104	Act. For purposes of this section, an offense is committed before
105	105	the effective date of this Act if any element of the offense occurs
106	106	before that date.
107	107	(b) An offense committed before the effective date of this
108	108	Act is covered by the law in effect when the offense was committed,
109	109	and the former law is continued in effect for that purpose.
110	110	SECTION 5. This Act takes effect September 1, 2009.