1 | 1 | | 89R13640 AJZ-F |
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2 | 2 | | By: Paul H.B. No. 4706 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the applicability of certain pedestrian laws to certain |
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10 | 10 | | sidewalk users. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 541.001, Transportation Code, is amended |
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13 | 13 | | by adding Subdivision (6) to read as follows: |
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14 | 14 | | (6) "Sidewalk user" means an individual lawfully |
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15 | 15 | | operating one of the following on a sidewalk: |
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16 | 16 | | (A) a bicycle; |
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17 | 17 | | (B) a motor-assisted scooter, as defined by |
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18 | 18 | | Section 551.351; |
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19 | 19 | | (C) an electric personal assistive mobility |
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20 | 20 | | device, as defined by Section 551.201; |
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21 | 21 | | (D) a skateboard; |
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22 | 22 | | (E) roller skates; or |
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23 | 23 | | (F) a similar device. |
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24 | 24 | | SECTION 2. Sections 544.007(b), (c), and (d), |
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25 | 25 | | Transportation Code, are amended to read as follows: |
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26 | 26 | | (b) An operator of a vehicle facing a circular green signal |
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27 | 27 | | may proceed straight or turn right or left unless a sign prohibits |
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28 | 28 | | the turn. The operator shall, while the signal is exhibited: |
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29 | 29 | | (1) yield the right-of-way to other vehicles lawfully |
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30 | 30 | | in the intersection when the signal is exhibited; and |
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31 | 31 | | (2) stop and yield the right-of-way to pedestrians or |
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32 | 32 | | sidewalk users lawfully in the intersection or an adjacent |
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33 | 33 | | crosswalk. |
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34 | 34 | | (c) An operator of a vehicle facing a green arrow signal, |
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35 | 35 | | displayed alone or with another signal, may cautiously enter the |
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36 | 36 | | intersection to move in the direction permitted by the arrow or |
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37 | 37 | | other indication shown simultaneously. The operator shall stop and |
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38 | 38 | | yield the right-of-way to a pedestrian or sidewalk user lawfully in |
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39 | 39 | | an adjacent crosswalk and shall yield the right-of-way to other |
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40 | 40 | | traffic lawfully using the intersection. |
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41 | 41 | | (d) An operator of a vehicle facing only a steady red signal |
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42 | 42 | | shall stop at a clearly marked stop line. In the absence of a stop |
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43 | 43 | | line, the operator shall stop before entering the crosswalk on the |
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44 | 44 | | near side of the intersection. A vehicle that is not turning shall |
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45 | 45 | | remain standing until an indication to proceed is shown. After |
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46 | 46 | | stopping, standing until the intersection may be entered safely, |
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47 | 47 | | and yielding right-of-way to pedestrians and sidewalk users |
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48 | 48 | | lawfully in an adjacent crosswalk and other traffic lawfully using |
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49 | 49 | | the intersection, the operator may: |
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50 | 50 | | (1) turn right; or |
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51 | 51 | | (2) turn left, if the intersecting streets are both |
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52 | 52 | | one-way streets and a left turn is permissible. |
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53 | 53 | | SECTION 3. Section 545.256, Transportation Code, is amended |
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54 | 54 | | to read as follows: |
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55 | 55 | | Sec. 545.256. EMERGING FROM AN ALLEY, DRIVEWAY, OR |
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56 | 56 | | BUILDING. An operator emerging from an alley, driveway, or |
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57 | 57 | | building in a business or residence district shall: |
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58 | 58 | | (1) stop the vehicle before moving on a sidewalk or the |
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59 | 59 | | sidewalk area extending across an alley or driveway; |
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60 | 60 | | (2) yield the right-of-way to a pedestrian or sidewalk |
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61 | 61 | | user to avoid collision; and |
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62 | 62 | | (3) on entering the roadway, yield the right-of-way to |
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63 | 63 | | an approaching vehicle. |
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64 | 64 | | SECTION 4. The heading to Chapter 552, Transportation Code, |
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65 | 65 | | is amended to read as follows: |
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66 | 66 | | CHAPTER 552. PEDESTRIANS AND OTHER SIDEWALK USERS |
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67 | 67 | | SECTION 5. Sections 552.001 and 552.002, Transportation |
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68 | 68 | | Code, are amended to read as follows: |
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69 | 69 | | Sec. 552.001. TRAFFIC CONTROL SIGNALS. (a) A traffic |
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70 | 70 | | control signal displaying green, red, and yellow lights or lighted |
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71 | 71 | | arrows applies to a pedestrian and a sidewalk user as provided by |
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72 | 72 | | this section unless the pedestrian or sidewalk user is otherwise |
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73 | 73 | | directed by a special pedestrian control signal. |
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74 | 74 | | (b) A pedestrian or sidewalk user facing a green signal may |
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75 | 75 | | proceed across a roadway within a marked or unmarked crosswalk |
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76 | 76 | | unless the sole green signal is a turn arrow. |
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77 | 77 | | (c) A pedestrian or sidewalk user facing a steady red signal |
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78 | 78 | | alone or a steady yellow signal may not enter a roadway. |
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79 | 79 | | Sec. 552.002. PEDESTRIAN OR SIDEWALK USER RIGHT-OF-WAY IF |
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80 | 80 | | CONTROL SIGNAL PRESENT. (a) A pedestrian control signal |
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81 | 81 | | displaying "Walk," "Don't Walk," or "Wait" applies to a pedestrian |
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82 | 82 | | and a sidewalk user as provided by this section. |
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83 | 83 | | (b) A pedestrian or sidewalk user facing a "Walk" signal may |
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84 | 84 | | proceed across a roadway in the direction of the signal, and the |
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85 | 85 | | operator of a vehicle shall stop and yield the right-of-way to the |
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86 | 86 | | pedestrian or sidewalk user. |
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87 | 87 | | (c) A pedestrian or sidewalk user may not start to cross a |
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88 | 88 | | roadway in the direction of a "Don't Walk" signal or a "Wait" |
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89 | 89 | | signal. A pedestrian or sidewalk user who has partially crossed |
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90 | 90 | | while the "Walk" signal is displayed shall proceed to a sidewalk or |
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91 | 91 | | safety island while the "Don't Walk" signal or "Wait" signal is |
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92 | 92 | | displayed. |
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93 | 93 | | SECTION 6. Chapter 552, Transportation Code, is amended by |
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94 | 94 | | adding Sections 552.0035 and 552.0036 to read as follows: |
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95 | 95 | | Sec. 552.0035. SIDEWALK USER RIGHT-OF-WAY AT |
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96 | 96 | | CROSSWALK. (a) The operator of a vehicle shall stop and yield the |
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97 | 97 | | right-of-way to a sidewalk user crossing a roadway in a crosswalk |
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98 | 98 | | if: |
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99 | 99 | | (1) no traffic control signal is in place or in |
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100 | 100 | | operation; and |
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101 | 101 | | (2) the sidewalk user is: |
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102 | 102 | | (A) on the half of the roadway in which the |
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103 | 103 | | vehicle is traveling; or |
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104 | 104 | | (B) approaching so closely from the opposite half |
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105 | 105 | | of the roadway as to be in danger. |
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106 | 106 | | (b) Notwithstanding Subsection (a), a sidewalk user may not |
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107 | 107 | | suddenly leave a curb or other place of safety and proceed into a |
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108 | 108 | | crosswalk in the path of a vehicle so close that it is impossible |
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109 | 109 | | for the vehicle operator to stop and yield. |
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110 | 110 | | (c) Notwithstanding Subsection (a), a sidewalk user may not |
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111 | 111 | | approach or enter a crosswalk at a speed greater than is reasonable |
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112 | 112 | | and prudent under the existing conditions and having regard for |
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113 | 113 | | actual and potential existing hazards. For the purposes of this |
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114 | 114 | | subsection, a speed greater than eight miles per hour is prima facie |
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115 | 115 | | evidence that the speed is not reasonable and prudent. |
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116 | 116 | | (d) The operator of a vehicle approaching from the rear of a |
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117 | 117 | | vehicle that is stopped at a crosswalk to permit a sidewalk user to |
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118 | 118 | | cross a roadway may not pass the stopped vehicle. |
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119 | 119 | | Sec. 552.0036. SIDEWALK USER RIGHT-OF-WAY AT STOP SIGN. A |
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120 | 120 | | sidewalk user approaching an intersection with a stop sign shall: |
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121 | 121 | | (1) stop before entering the crosswalk; and |
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122 | 122 | | (2) after stopping, yield the right-of-way to a |
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123 | 123 | | vehicle that: |
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124 | 124 | | (A) has entered the intersection; or |
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125 | 125 | | (B) is approaching the intersection so closely as |
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126 | 126 | | to be an immediate hazard to the sidewalk user entering or moving |
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127 | 127 | | across the crosswalk. |
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128 | 128 | | SECTION 7. The changes in law made by this Act apply only to |
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129 | 129 | | an offense committed on or after the effective date of this Act. An |
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130 | 130 | | offense committed before the effective date of this Act is governed |
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131 | 131 | | by the law in effect on the date the offense was committed, and the |
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132 | 132 | | former law is continued in effect for that purpose. For purposes of |
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133 | 133 | | this section, an offense was committed before the effective date of |
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134 | 134 | | this Act if any element of the offense occurred before that date. |
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135 | 135 | | SECTION 8. This Act takes effect September 1, 2025. |
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