81R4361 SLB-D
By: Van de Putte S.B. No. 647
A BILL TO BE ENTITLED
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 $4,000; and
(2) not less than 100 hours and not more than 200 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. [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.]
SECTION 2. Section 552.003, Transportation Code, is amended
by adding Subsections (d) and (e) 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 $4,000; and
(2) not less than 100 hours and not more than 200 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.
(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.
SECTION 3. Subchapter D, Chapter 542, Transportation Code,
is amended by adding Section 542.407 to read as follows:
Sec. 542.407. DISPOSITION OF FINES FOR OFFENSE CAUSING
INJURY TO CERTAIN PEDESTRIANS. (a) Before depositing money from a
fine collected for an offense under Section 552.003(d) or
552.010(c) with the appropriate treasury, the officer collecting
the fine shall keep separate records of the money collected. Each
calendar quarter, the officer collecting a fine for an offense
under Section 552.003(d) or 552.010(c) shall submit a report to the
comptroller. The report must comply with Articles 103.005(c) and
(d), Code of Criminal Procedure.
(b) The custodian of money in a treasury to which money
described by Subsection (a) is deposited shall:
(1) keep records of the amount of money collected
under Subsection (a) that is on deposit in the treasury; and
(2) until notified otherwise by the comptroller as
provided by Subsection (d), not later than the last day of the month
following each calendar quarter, remit to the comptroller an amount
equal to 10 percent of the money described by Subsection (a) that
was deposited in the treasury during the previous calendar quarter,
as required by the comptroller.
(c) The comptroller shall deposit money received under
Subsection (b) to the credit of a special account in the general
revenue fund to be known as the visually impaired safety services
account. Money in the account may be appropriated only to the
Department of Assistive and Rehabilitative Services to provide the
following to visually impaired persons:
(1) adjustment to blindness counseling and guidance;
(2) coordination of eye medical treatment;
(3) service to maximize residual vision;
(4) independent living skills training;
(5) assistance in accessing community resources; and
(6) training and self-management education for
secondary disabilities.
(d) In any state fiscal year, once the amount deposited in
the special account under Subsection (c) during the fiscal year
exceeds $500,000, the comptroller shall notify any custodian making
a remittance under Subsection (b) that further remittances for the
fiscal year are not required. The comptroller shall refund any
remittance received after the account exceeds that amount.
SECTION 4. (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 5. This Act takes effect September 1, 2009.