BILL ANALYSIS Senate Research Center S.B. 1013 89R4733 AND-F By: Eckhardt Transportation 4/11/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The 87th Legislature, 2021, passed S.B. 1055, known as the Lisa Torry Smith Act. The act made it a criminal offense if a person operates a motor vehicle within the area of a crosswalk with criminal negligence and causes bodily injury to a pedestrian or a vulnerable road user who is legally in a crosswalk. Vulnerable road users include persons operating a bicycle, motor-assisted scooter, electronic personal assistive mobility device, neighborhood electric vehicle, or golf cart. The act relies on the definition of a crosswalk in Section 541.302(2), Transportation Code. That definition includes: "the portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines;" and "the portion of a roadway at an intersection that is within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway." Importantly, Section 541.302 (2), Transportation Code, defines the term "highway" as the "...boundary lines of a publicly maintained way." Law enforcement, district attorneys, and public safety advocates have expressed concern that the current definition of a crosswalk does not include where a roadway intersects with a driveway or private drive, which are not publicly maintained. Therefore, it is unclear if the Lisa Torry Smith Act protects pedestrians and vulnerable road users who are legally crossing a driveway to continue on the sidewalk. This interpretation means there is no clear prohibition on a motor vehicle failing to yield and striking a vulnerable road user legally crossing the driveway on a sidewalk. S.B. 1013 closes this loophole by adding to the definition of a crosswalk "where sidewalks run parallel to a roadway and are interrupted by a driveway, the portion of the driveway that is within the connections of the lateral lines of the sidewalks on opposite sides of the driveway." As proposed, S.B. 1013 amends current law relating to the definition of a crosswalk. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 541.302(2), Transportation Code, to redefine "crosswalk" to mean certain definitions, including, where sidewalks run parallel to a roadway and are interrupted by a driveway, the portion of the driveway that is within the connections of the lateral lines of the sidewalks on opposite sides of the driveway, and to make a nonsubstantive change. SECTION 2. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1013
89R4733 AND-F By: Eckhardt
Transportation
4/11/2025
As Filed
Senate Research Center
S.B. 1013
89R4733 AND-F
By: Eckhardt
Transportation
4/11/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The 87th Legislature, 2021, passed S.B. 1055, known as the Lisa Torry Smith Act. The act made it a criminal offense if a person operates a motor vehicle within the area of a crosswalk with criminal negligence and causes bodily injury to a pedestrian or a vulnerable road user who is legally in a crosswalk. Vulnerable road users include persons operating a bicycle, motor-assisted scooter, electronic personal assistive mobility device, neighborhood electric vehicle, or golf cart.
The act relies on the definition of a crosswalk in Section 541.302(2), Transportation Code. That definition includes: "the portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines;" and "the portion of a roadway at an intersection that is within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway." Importantly, Section 541.302 (2), Transportation Code, defines the term "highway" as the "...boundary lines of a publicly maintained way."
Law enforcement, district attorneys, and public safety advocates have expressed concern that the current definition of a crosswalk does not include where a roadway intersects with a driveway or private drive, which are not publicly maintained. Therefore, it is unclear if the Lisa Torry Smith Act protects pedestrians and vulnerable road users who are legally crossing a driveway to continue on the sidewalk. This interpretation means there is no clear prohibition on a motor vehicle failing to yield and striking a vulnerable road user legally crossing the driveway on a sidewalk.
S.B. 1013 closes this loophole by adding to the definition of a crosswalk "where sidewalks run parallel to a roadway and are interrupted by a driveway, the portion of the driveway that is within the connections of the lateral lines of the sidewalks on opposite sides of the driveway."
As proposed, S.B. 1013 amends current law relating to the definition of a crosswalk.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 541.302(2), Transportation Code, to redefine "crosswalk" to mean certain definitions, including, where sidewalks run parallel to a roadway and are interrupted by a driveway, the portion of the driveway that is within the connections of the lateral lines of the sidewalks on opposite sides of the driveway, and to make a nonsubstantive change.
SECTION 2. Effective date: upon passage or September 1, 2025.