Texas 2015 - 84th Regular

Texas House Bill HB2459 Compare Versions

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

Old	New	Differences
1	1	84R12378 JXC-F
2	2	By: Martinez H.B. No. 2459
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of a motor vehicle in the vicinity of an
8	8	unprotected road user; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Iris Ann Stagner
11	11	Unprotected Road User Act.
12	12	SECTION 2. Subchapter I, Chapter 545, Transportation Code,
13	13	is amended by adding Section 545.428 to read as follows:
14	14	Sec. 545.428. UNPROTECTED ROAD USERS. (a) In this section,
15	15	"unprotected road user" means:
16	16	(1) a pedestrian, including a runner, physically
17	17	disabled person, highway construction and maintenance worker, tow
18	18	truck operator, utility worker, other worker operating legally in
19	19	or near the road or right-of-way, or stranded motorist or
20	20	passenger;
21	21	(2) a person on horseback;
22	22	(3) a person operating equipment other than a motor
23	23	vehicle, including a bicycle, handcycle, horse-driven conveyance,
24	24	or skateboard or roller skates, roller blades, or unprotected farm
25	25	equipment; or
26	26	(4) a person operating a motorcycle, moped,
27	27	motor-driven cycle, or motor-assisted scooter.
28	28	(b) An operator of a motor vehicle passing an unprotected
29	29	road user operating on a highway or street shall:
30	30	(1) vacate the lane in which the unprotected road user
31	31	is located if the highway has two or more marked lanes running in
32	32	the same direction; or
33	33	(2) pass the unprotected road user at a safe distance.
34	34	(c) For the purposes of Subsection (b)(2), when road
35	35	conditions allow, safe distance is at least:
36	36	(1) three feet if the operator's vehicle is a passenger
37	37	car or light truck; or
38	38	(2) six feet if the operator's vehicle is a truck,
39	39	other than a light truck, that is a commercial motor vehicle as
40	40	defined by Section 522.003.
41	41	(d) An operator of a motor vehicle that is making a turn at
42	42	an intersection, including an intersection with an alley or private
43	43	road or driveway, shall yield the right-of-way to an unprotected
44	44	road user who is in the intersection or in such proximity to the
45	45	intersection as to be an immediate hazard.
46	46	(e) An operator of a motor vehicle may not overtake an
47	47	unprotected road user and subsequently turn in front of the
48	48	unprotected road user unless the operator is safely clear of the
49	49	unprotected road user, taking into account the speed at which the
50	50	unprotected road user is traveling and the braking requirements of
51	51	the turning vehicle.
52	52	(f) An operator of a motor vehicle may not maneuver the
53	53	vehicle in a manner that:
54	54	(1) is intended to cause intimidation or harassment to
55	55	an unprotected road user; or
56	56	(2) threatens an unprotected road user.
57	57	(g) An operator of a motor vehicle shall exercise due care
58	58	to avoid colliding with any unprotected road user on a roadway or in
59	59	an intersection of roadways.
60	60	(h) A violation of this section is punishable under Section
61	61	542.401 except that:
62	62	(1) if the violation results in property damage, the
63	63	violation is a misdemeanor punishable by a fine not to exceed $500;
64	64	or
65	65	(2) if the violation results in bodily injury, the
66	66	violation is a Class B misdemeanor.
67	67	(i) It is a defense to prosecution under this section that
68	68	at the time of the offense the unprotected road user was acting in
69	69	violation of the law.
70	70	(j) If conduct constituting an offense under this section
71	71	also constitutes an offense under another section of this code or
72	72	the Penal Code, the actor may be prosecuted under either section or
73	73	both sections.
74	74	SECTION 3. This Act takes effect September 1, 2015.