Texas 2021 - 87th Regular

Texas Senate Bill SB1055 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1055
	1	+	By: Huffman S.B. No. 1055
	2	+	(Reynolds)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5		-	relating to motor vehicle accidents involving a vulnerable road
6		-	user within the area of a crosswalk and to requiring the operator of
7		-	a vehicle to yield the right-of-way to a pedestrian; creating a
	7	+	relating to motor vehicle accidents involving a pedestrian or other
	8	+	vulnerable road user within the area of a crosswalk; creating a
8	9		criminal offense.
9	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	11		SECTION 1. This Act shall be known as the Lisa Torry Smith
11	12		Act.
12	13		SECTION 2. Subchapter I, Chapter 545, Transportation Code,
13	14		is amended by adding Section 545.428 to read as follows:
14	15		Sec. 545.428. MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN
15	16		OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE.
16	17		(a) In this section:
17	18		(1) "Electric personal assistive mobility device" has
18	19		the meaning assigned by Section 551.201.
19	20		(2) "Golf cart" has the meaning assigned by Section
20	21		551.401.
21	22		(3) "Motor-assisted scooter" has the meaning assigned
22	23		by Section 551.351.
23	24		(4) "Neighborhood electric vehicle" has the meaning
24	25		assigned by Section 551.301.
25	26		(b) A person commits an offense if the person with criminal
26	27		negligence:
27	28		(1) operates a motor vehicle within the area of a
28	29		crosswalk; and
29	30		(2) causes bodily injury to a pedestrian or a person
30	31		operating a bicycle, motor-assisted scooter, electronic personal
31	32		assistive mobility device, neighborhood electric vehicle, or golf
32	33		cart.
33	34		(c) An offense under this section is a Class A misdemeanor,
34	35		except that the offense is a state jail felony if the person
35	36		described by Subsection (b)(2) suffered serious bodily injury.
36	37		(d) It is an affirmative defense to prosecution under this
37	38		section that, at the time of the offense, the person described by
38	39		Subsection (b)(2) was violating a provision of this subtitle
39	40		relating to walking, movement, or operation in a crosswalk or on a
40	41		roadway.
41	42		(e) If conduct that constitutes an offense under this
42	43		section also constitutes an offense under any other law, the actor
43	44		may be prosecuted under this section, the other law, or both.
44		-	SECTION 3. Sections 544.007(b) and (c), Transportation
45		-	Code, are amended to read as follows:
46		-	(b) An operator of a vehicle facing a circular green signal
47		-	may proceed straight or turn right or left unless a sign prohibits
48		-	the turn. The operator shall, while the signal is exhibited:
49		-	(1) yield the right-of-way to other vehicles [and to
50		-	pedestrians] lawfully in the intersection [or an adjacent
51		-	crosswalk] when the signal is exhibited; and
52		-	(2) stop and yield the right-of-way to pedestrians
53		-	lawfully in the intersection or an adjacent crosswalk.
54		-	(c) An operator of a vehicle facing a green arrow signal,
55		-	displayed alone or with another signal, may cautiously enter the
56		-	intersection to move in the direction permitted by the arrow or
57		-	other indication shown simultaneously. The operator shall stop and
58		-	yield the right-of-way to a pedestrian lawfully in an adjacent
59		-	crosswalk and shall yield the right-of-way to other traffic
60		-	lawfully using the intersection.
61		-	SECTION 4. Section 552.002(b), Transportation Code, is
62		-	amended to read as follows:
63		-	(b) A pedestrian facing a "Walk" signal may proceed across a
64		-	roadway in the direction of the signal, and the operator of a
65		-	vehicle shall stop and yield the right-of-way to the pedestrian.
66		-	SECTION 5. Sections 552.003(a) and (b), Transportation
67		-	Code, are amended to read as follows:
68		-	(a) The operator of a vehicle shall stop and yield the
69		-	right-of-way to a pedestrian crossing a roadway in a crosswalk if:
70		-	(1) no traffic control signal is in place or in
71		-	operation; and
72		-	(2) the pedestrian is:
73		-	(A) on the half of the roadway in which the
74		-	vehicle is traveling; or
75		-	(B) approaching so closely from the opposite half
76		-	of the roadway as to be in danger.
77		-	(b) Notwithstanding Subsection (a), a pedestrian may not
78		-	suddenly leave a curb or other place of safety and proceed into a
79		-	crosswalk in the path of a vehicle so close that it is impossible
80		-	for the vehicle operator to stop and yield.
81		-	SECTION 6. Section 552.006(c), Transportation Code, is
82		-	amended to read as follows:
83		-	(c) The operator of a vehicle emerging from or entering an
84		-	alley, building, or private road or driveway shall stop and yield
85		-	the right-of-way to a pedestrian approaching on a sidewalk
86		-	extending across the alley, building entrance or exit, road, or
87		-	driveway.
88		-	SECTION 7. The change in law made by this Act applies only
89		-	to an offense committed on or after the effective date of this Act.
90		-	An offense committed before the effective date of this Act is
91		-	governed by the law in effect on the date the offense was committed,
92		-	and the former law is continued in effect for that purpose. For
93		-	purposes of this section, an offense was committed before the
94		-	effective date of this Act if any element of the offense was
95		-	committed before that date.
96		-	SECTION 8. This Act takes effect September 1, 2021.
97		-	______________________________ ______________________________
98		-	President of the Senate Speaker of the House
99		-	I hereby certify that S.B. No. 1055 passed the Senate on
100		-	April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
101		-	the Senate concurred in House amendment on May 27, 2021, by the
102		-	following vote: Yeas 31, Nays 0.
103		-	______________________________
104		-	Secretary of the Senate
105		-	I hereby certify that S.B. No. 1055 passed the House, with
106		-	amendment, on May 14, 2021, by the following vote: Yeas 70,
107		-	Nays 57, two present not voting.
108		-	______________________________
109		-	Chief Clerk of the House
110		-	Approved:
111		-	______________________________
112		-	Date
113		-	______________________________
114		-	Governor
	45	+	SECTION 3. This Act takes effect September 1, 2021.