| 1 | 1 | | 88R14392 SRA-D |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 4464 |
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| 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 the operation of a motor vehicle passing a person |
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| 8 | 8 | | operating a bicycle; creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 545, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 545.0571 to read as follows: |
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| 12 | 12 | | Sec. 545.0571. MOTOR VEHICLE PASSING BICYCLE OPERATOR. (a) |
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| 13 | 13 | | An operator of a motor vehicle shall exercise due care to avoid |
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| 14 | 14 | | colliding with a person operating a bicycle on a highway or street. |
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| 15 | 15 | | (b) For the purposes of Section 545.053(a), safe distance |
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| 16 | 16 | | from any part of a bicycle is at least three feet. |
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| 17 | 17 | | (c) For the purposes of Section 545.057(a), conditions |
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| 18 | 18 | | permit safely passing a bicycle to the right only if the motor |
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| 19 | 19 | | vehicle passes at least three feet from any part of the bicycle. |
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| 20 | 20 | | (d) An operator of a motor vehicle passing a person |
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| 21 | 21 | | operating a bicycle on a highway or street that has two or more |
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| 22 | 22 | | marked lanes running in the same direction shall move the motor |
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| 23 | 23 | | vehicle to a lane other than the lane used by the bicycle operator |
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| 24 | 24 | | while passing the bicycle operator. |
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| 25 | 25 | | (e) Subsections (b), (c), and (d) do not apply when the |
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| 26 | 26 | | bicycle is being operated in a designated bicycle lane. |
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| 27 | 27 | | (f) It is an affirmative defense to prosecution under this |
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| 28 | 28 | | section that at the time of the offense the bicycle operator was |
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| 29 | 29 | | acting in violation of a traffic law in a manner that contributed to |
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| 30 | 30 | | the offense under this section. |
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| 31 | 31 | | SECTION 2. Section 545.055, Transportation Code, is amended |
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| 32 | 32 | | by amending Subsection (b) and adding Subsection (b-1) to read as |
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| 33 | 33 | | follows: |
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| 34 | 34 | | (b) Except as provided by Subsection (b-1), an [An] operator |
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| 35 | 35 | | may not drive on the left side of the roadway in a no-passing zone or |
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| 36 | 36 | | on the left side of any pavement striping designed to mark a |
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| 37 | 37 | | no-passing zone. |
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| 38 | 38 | | (b-1) Subsection (b) [This subsection] does not prohibit a |
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| 39 | 39 | | driver from: |
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| 40 | 40 | | (1) crossing pavement striping, or the center line in |
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| 41 | 41 | | a no-passing zone marked by signs only, to make a left turn into or |
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| 42 | 42 | | out of an alley or private road or driveway; or |
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| 43 | 43 | | (2) passing a person operating a bicycle in a |
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| 44 | 44 | | no-passing zone if the operator of the motor vehicle otherwise |
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| 45 | 45 | | complies with the requirements of this chapter. |
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| 46 | 46 | | SECTION 3. The changes in law made by this Act apply only to |
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| 47 | 47 | | an offense committed on or after the effective date of this Act. An |
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| 48 | 48 | | offense committed before the effective date of this Act is governed |
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| 49 | 49 | | by the law in effect on the date the offense was committed, and the |
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| 50 | 50 | | former law is continued in effect for that purpose. For purposes of |
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| 51 | 51 | | this section, an offense was committed before the effective date of |
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| 52 | 52 | | this Act if any element of the offense occurred before that date. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2023. |
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