87R7294 JRR-D
By: Reynolds, Beckley H.B. No. 2081
A BILL TO BE ENTITLED
AN ACT
relating to motor vehicle accidents involving a pedestrian or other
vulnerable road user within the area of a crosswalk; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Lisa Torry Smith
Act.
SECTION 2. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.428 to read as follows:
Sec. 545.428. MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN
OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE.
(a) In this section:
(1) "Electric personal assistive mobility device" has
the meaning assigned by Section 551.201.
(2) "Golf cart" has the meaning assigned by Section
551.401.
(3) "Motor-assisted scooter" has the meaning assigned
by Section 551.351.
(4) "Neighborhood electric vehicle" has the meaning
assigned by Section 551.301.
(b) A person commits an offense if the person with criminal
negligence:
(1) operates a motor vehicle within the area of a
crosswalk; and
(2) causes bodily injury to a pedestrian or a person
operating a bicycle, motor-assisted scooter, electronic personal
assistive mobility device, neighborhood electric vehicle, or golf
cart.
(c) An offense under this section is a Class A misdemeanor,
except that the offense is a state jail felony if the person
described by Subsection (b)(2) suffered serious bodily injury.
(d) It is an affirmative defense to prosecution under this
section that, at the time of the offense, the person described by
Subsection (b)(2) was violating a provision of this subtitle
relating to walking, movement, or operation in a crosswalk or on a
roadway.
(e) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 3. This Act takes effect September 1, 2021.