| 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 motor vehicle accidents involving a pedestrian or other |
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| 8 | 8 | | vulnerable road user within the area of a crosswalk; creating a |
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| 9 | 9 | | criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. This Act shall be known as the Lisa Torry Smith |
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| 12 | 12 | | Act. |
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| 13 | 13 | | SECTION 2. Subchapter I, Chapter 545, Transportation Code, |
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| 14 | 14 | | is amended by adding Section 545.428 to read as follows: |
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| 15 | 15 | | Sec. 545.428. MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN |
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| 16 | 16 | | OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE. |
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| 17 | 17 | | (a) In this section: |
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| 18 | 18 | | (1) "Electric personal assistive mobility device" has |
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| 19 | 19 | | the meaning assigned by Section 551.201. |
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| 20 | 20 | | (2) "Golf cart" has the meaning assigned by Section |
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| 21 | 21 | | 551.401. |
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| 22 | 22 | | (3) "Motor-assisted scooter" has the meaning assigned |
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| 23 | 23 | | by Section 551.351. |
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| 24 | 24 | | (4) "Neighborhood electric vehicle" has the meaning |
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| 25 | 25 | | assigned by Section 551.301. |
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| 26 | 26 | | (b) A person commits an offense if the person with criminal |
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| 27 | 27 | | negligence: |
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| 28 | 28 | | (1) operates a motor vehicle within the area of a |
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| 29 | 29 | | crosswalk; and |
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| 30 | 30 | | (2) causes bodily injury to a pedestrian or a person |
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| 31 | 31 | | operating a bicycle, motor-assisted scooter, electronic personal |
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| 32 | 32 | | assistive mobility device, neighborhood electric vehicle, or golf |
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| 33 | 33 | | cart. |
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| 34 | 34 | | (c) An offense under this section is a Class A misdemeanor, |
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| 35 | 35 | | except that the offense is a state jail felony if the person |
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| 36 | 36 | | described by Subsection (b)(2) suffered serious bodily injury. |
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| 37 | 37 | | (d) It is an affirmative defense to prosecution under this |
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| 38 | 38 | | section that, at the time of the offense, the person described by |
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| 39 | 39 | | Subsection (b)(2) was violating a provision of this subtitle |
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| 40 | 40 | | relating to walking, movement, or operation in a crosswalk or on a |
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| 41 | 41 | | roadway. |
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| 42 | 42 | | (e) If conduct that constitutes an offense under this |
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| 43 | 43 | | section also constitutes an offense under any other law, the actor |
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| 44 | 44 | | may be prosecuted under this section, the other law, or both. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2021. |
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