Texas 2025 - 89th Regular

Texas Senate Bill SB2039 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hancock, Eckhardt S.B. No. 2039
2		-
3		-
	1	+	By: Hancock S.B. No. 2039
	2	+	(In the Senate - Filed March 7, 2025; March 17, 2025, read
	3	+	first time and referred to Committee on Transportation;
	4	+	April 2, 2025, reported favorably by the following vote: Yeas 8,
	5	+	Nays 0; April 2, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to the applicability of certain pedestrian laws to certain
9	12		sidewalk users.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Section 541.001, Transportation Code, is amended
12	15		by adding Subdivision (6) to read as follows:
13	16		(6) "Sidewalk user" means an individual lawfully
14	17		operating one of the following on a sidewalk:
15	18		(A) a bicycle;
16	19		(B) a motor-assisted scooter, as defined by
17	20		Section 551.351;
18	21		(C) an electric personal assistive mobility
19	22		device, as defined by Section 551.201;
20	23		(D) a skateboard;
21	24		(E) roller skates; or
22	25		(F) a similar device.
23	26		SECTION 2. Sections 544.007(b), (c), and (d),
24	27		Transportation Code, are amended to read as follows:
25	28		(b) An operator of a vehicle facing a circular green signal
26	29		may proceed straight or turn right or left unless a sign prohibits
27	30		the turn. The operator shall, while the signal is exhibited:
28	31		(1) yield the right-of-way to other vehicles lawfully
29	32		in the intersection when the signal is exhibited; and
30	33		(2) stop and yield the right-of-way to pedestrians or
31	34		sidewalk users lawfully in the intersection or an adjacent
32	35		crosswalk.
33	36		(c) An operator of a vehicle facing a green arrow signal,
34	37		displayed alone or with another signal, may cautiously enter the
35	38		intersection to move in the direction permitted by the arrow or
36	39		other indication shown simultaneously. The operator shall stop and
37	40		yield the right-of-way to a pedestrian or sidewalk user lawfully in
38	41		an adjacent crosswalk and shall yield the right-of-way to other
39	42		traffic lawfully using the intersection.
40	43		(d) An operator of a vehicle facing only a steady red signal
41	44		shall stop at a clearly marked stop line. In the absence of a stop
42	45		line, the operator shall stop before entering the crosswalk on the
43	46		near side of the intersection. A vehicle that is not turning shall
44	47		remain standing until an indication to proceed is shown. After
45	48		stopping, standing until the intersection may be entered safely,
46	49		and yielding right-of-way to pedestrians and sidewalk users
47	50		lawfully in an adjacent crosswalk and other traffic lawfully using
48	51		the intersection, the operator may:
49	52		(1) turn right; or
50	53		(2) turn left, if the intersecting streets are both
51	54		one-way streets and a left turn is permissible.
52	55		SECTION 3. Section 545.256, Transportation Code, is amended
53	56		to read as follows:
54	57		Sec. 545.256. EMERGING FROM AN ALLEY, DRIVEWAY, OR
55	58		BUILDING. An operator emerging from an alley, driveway, or
56	59		building in a business or residence district shall:
57	60		(1) stop the vehicle before moving on a sidewalk or the
58	61		sidewalk area extending across an alley or driveway;
59	62		(2) yield the right-of-way to a pedestrian or sidewalk
60	63		user to avoid collision; and
61	64		(3) on entering the roadway, yield the right-of-way to
62	65		an approaching vehicle.
63	66		SECTION 4. The heading to Chapter 552, Transportation Code,
64	67		is amended to read as follows:
65	68		CHAPTER 552. PEDESTRIANS AND OTHER SIDEWALK USERS
66	69		SECTION 5. Sections 552.001 and 552.002, Transportation
67	70		Code, are amended to read as follows:
68	71		Sec. 552.001. TRAFFIC CONTROL SIGNALS. (a) A traffic
69	72		control signal displaying green, red, and yellow lights or lighted
70	73		arrows applies to a pedestrian and a sidewalk user as provided by
71	74		this section unless the pedestrian or sidewalk user is otherwise
72	75		directed by a special pedestrian control signal.
73	76		(b) A pedestrian or sidewalk user facing a green signal may
74	77		proceed across a roadway within a marked or unmarked crosswalk
75	78		unless the sole green signal is a turn arrow.
76	79		(c) A pedestrian or sidewalk user facing a steady red signal
77	80		alone or a steady yellow signal may not enter a roadway.
78	81		Sec. 552.002. PEDESTRIAN OR SIDEWALK USER RIGHT-OF-WAY IF
79	82		CONTROL SIGNAL PRESENT. (a) A pedestrian control signal
80	83		displaying "Walk," "Don't Walk," or "Wait" applies to a pedestrian
81	84		and a sidewalk user as provided by this section.
82	85		(b) A pedestrian or sidewalk user facing a "Walk" signal may
83	86		proceed across a roadway in the direction of the signal, and the
84	87		operator of a vehicle shall stop and yield the right-of-way to the
85	88		pedestrian or sidewalk user.
86	89		(c) A pedestrian or sidewalk user may not start to cross a
87	90		roadway in the direction of a "Don't Walk" signal or a "Wait"
88	91		signal. A pedestrian or sidewalk user who has partially crossed
89	92		while the "Walk" signal is displayed shall proceed to a sidewalk or
90	93		safety island while the "Don't Walk" signal or "Wait" signal is
91	94		displayed.
92	95		SECTION 6. Chapter 552, Transportation Code, is amended by
93	96		adding Sections 552.0035 and 552.0036 to read as follows:
94	97		Sec. 552.0035. SIDEWALK USER RIGHT-OF-WAY AT
95	98		CROSSWALK. (a) The operator of a vehicle shall stop and yield the
96	99		right-of-way to a sidewalk user crossing a roadway in a crosswalk
97	100		if:
98	101		(1) no traffic control signal is in place or in
99	102		operation; and
100	103		(2) the sidewalk user is:
101	104		(A) on the half of the roadway in which the
102	105		vehicle is traveling; or
103	106		(B) approaching so closely from the opposite half
104	107		of the roadway as to be in danger.
105	108		(b) Notwithstanding Subsection (a), a sidewalk user may not
106	109		suddenly leave a curb or other place of safety and proceed into a
107	110		crosswalk in the path of a vehicle so close that it is impossible
108	111		for the vehicle operator to stop and yield.
109	112		(c) Notwithstanding Subsection (a), a sidewalk user may not
110	113		approach or enter a crosswalk at a speed greater than is reasonable
111	114		and prudent under the existing conditions and having regard for
112	115		actual and potential existing hazards. For the purposes of this
113	116		subsection, a speed greater than eight miles per hour is prima facie
114	117		evidence that the speed is not reasonable and prudent.
115	118		(d) The operator of a vehicle approaching from the rear of a
116	119		vehicle that is stopped at a crosswalk to permit a sidewalk user to
117	120		cross a roadway may not pass the stopped vehicle.
118	121		Sec. 552.0036. SIDEWALK USER RIGHT-OF-WAY AT STOP SIGN. A
119	122		sidewalk user approaching an intersection with a stop sign shall:
120	123		(1) stop before entering the crosswalk; and
121	124		(2) after stopping, yield the right-of-way to a
122	125		vehicle that:
123	126		(A) has entered the intersection; or
124	127		(B) is approaching the intersection so closely as
125	128		to be an immediate hazard to the sidewalk user entering or moving
126	129		across the crosswalk.
127	130		SECTION 7. The changes in law made by this Act apply only to
128	131		an offense committed on or after the effective date of this Act. An
129	132		offense committed before the effective date of this Act is governed
130	133		by the law in effect on the date the offense was committed, and the
131	134		former law is continued in effect for that purpose. For purposes of
132	135		this section, an offense was committed before the effective date of
133	136		this Act if any element of the offense occurred before that date.
134	137		SECTION 8. This Act takes effect September 1, 2025.
	138	+	* * * * *