Texas 2023 - 88th Regular

Texas House Bill HB421 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R15061 SRA-F
2	2	By: Lopez of Bexar, Plesa, H.B. No. 421
3	3	A. Johnson of Harris, Lujan, Lalani,
4	4	et al.
5	5	Substitute the following for H.B.
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the operation of a motor vehicle passing a pedestrian or
11	11	a person operating a bicycle; creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 545, Transportation Code,
14	14	is amended by adding Section 545.0571 to read as follows:
15	15	Sec. 545.0571. MOTOR VEHICLE PASSING PEDESTRIAN OR BICYCLE
16	16	OPERATOR. (a) An operator of a motor vehicle shall exercise due
17	17	care to avoid colliding with a pedestrian or a person operating a
18	18	bicycle on a highway or street.
19	19	(b) For the purposes of Section 545.053(a), safe distance
20	20	from a pedestrian or any part of a bicycle is:
21	21	(1) at least three feet if the operator's vehicle is a
22	22	passenger car or a light truck; or
23	23	(2) at least six feet if the operator's vehicle is a
24	24	commercial motor vehicle as defined by Section 522.003 or a truck
25	25	other than a light truck.
26	26	(c) For the purposes of Section 545.057(a), conditions
27	27	permit safely passing a pedestrian or a bicycle to the right only if
28	28	the motor vehicle passes:
29	29	(1) at least three feet from the pedestrian or any part
30	30	of the bicycle if the operator's vehicle is a passenger car or a
31	31	light truck; or
32	32	(2) at least six feet from the pedestrian or any part
33	33	of the bicycle if the operator's vehicle is a commercial motor
34	34	vehicle as defined by Section 522.003 or a truck other than a light
35	35	truck.
36	36	(d) An operator of a motor vehicle passing a pedestrian or a
37	37	person operating a bicycle on a highway or street that has two or
38	38	more marked lanes running in the same direction shall move the motor
39	39	vehicle to a lane other than the lane used by the pedestrian or
40	40	bicycle operator while passing the pedestrian or bicycle operator.
41	41	(e) It is an affirmative defense to prosecution under this
42	42	section that at the time of the offense the pedestrian or bicycle
43	43	operator was acting in violation of a traffic law in a manner that
44	44	contributed to the offense under this section.
45	45	SECTION 2. Section 545.055, Transportation Code, is amended
46	46	by amending Subsection (b) and adding Subsection (b-1) to read as
47	47	follows:
48	48	(b) Except as provided by Subsection (b-1), an [An] operator
49	49	may not drive on the left side of the roadway in a no-passing zone or
50	50	on the left side of any pavement striping designed to mark a
51	51	no-passing zone.
52	52	(b-1) Subsection (b) [This subsection] does not prohibit a
53	53	driver from:
54	54	(1) crossing pavement striping, or the center line in
55	55	a no-passing zone marked by signs only, to make a left turn into or
56	56	out of an alley or private road or driveway; or
57	57	(2) passing a pedestrian or a person operating a
58	58	bicycle in a no-passing zone if the operator of the motor vehicle
59	59	otherwise complies with the requirements of this chapter.
60	60	SECTION 3. The changes in law made by this Act apply only to
61	61	an offense committed on or after the effective date of this Act. An
62	62	offense committed before the effective date of this Act is governed
63	63	by the law in effect on the date the offense was committed, and the
64	64	former law is continued in effect for that purpose. For purposes of
65	65	this section, an offense was committed before the effective date of
66	66	this Act if any element of the offense occurred before that date.
67	67	SECTION 4. This Act takes effect September 1, 2023.