S.B. No. 1055
AN ACT
relating to motor vehicle accidents involving a vulnerable road
user within the area of a crosswalk and to requiring the operator of
a vehicle to yield the right-of-way to a pedestrian; 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. Sections 544.007(b) and (c), Transportation
Code, are amended to read as follows:
(b) An operator of a vehicle facing a circular green signal
may proceed straight or turn right or left unless a sign prohibits
the turn. The operator shall, while the signal is exhibited:
(1) yield the right-of-way to other vehicles [and to
pedestrians] lawfully in the intersection [or an adjacent
crosswalk] when the signal is exhibited; and
(2) stop and yield the right-of-way to pedestrians
lawfully in the intersection or an adjacent crosswalk.
(c) An operator of a vehicle facing a green arrow signal,
displayed alone or with another signal, may cautiously enter the
intersection to move in the direction permitted by the arrow or
other indication shown simultaneously. The operator shall stop and
yield the right-of-way to a pedestrian lawfully in an adjacent
crosswalk and shall yield the right-of-way to other traffic
lawfully using the intersection.
SECTION 4. Section 552.002(b), Transportation Code, is
amended to read as follows:
(b) A pedestrian facing a "Walk" signal may proceed across a
roadway in the direction of the signal, and the operator of a
vehicle shall stop and yield the right-of-way to the pedestrian.
SECTION 5. Sections 552.003(a) and (b), Transportation
Code, are amended to read as follows:
(a) The operator of a vehicle shall stop and yield the
right-of-way to a pedestrian crossing a roadway in a crosswalk if:
(1) no traffic control signal is in place or in
operation; and
(2) the pedestrian is:
(A) on the half of the roadway in which the
vehicle is traveling; or
(B) approaching so closely from the opposite half
of the roadway as to be in danger.
(b) Notwithstanding Subsection (a), a pedestrian may not
suddenly leave a curb or other place of safety and proceed into a
crosswalk in the path of a vehicle so close that it is impossible
for the vehicle operator to stop and yield.
SECTION 6. Section 552.006(c), Transportation Code, is
amended to read as follows:
(c) The operator of a vehicle emerging from or entering an
alley, building, or private road or driveway shall stop and yield
the right-of-way to a pedestrian approaching on a sidewalk
extending across the alley, building entrance or exit, road, or
driveway.
SECTION 7. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 8. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1055 passed the Senate on
April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1055 passed the House, with
amendment, on May 14, 2021, by the following vote: Yeas 70,
Nays 57, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor