By: Hancock, Eckhardt S.B. No. 2039
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of certain pedestrian laws to certain
sidewalk users.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 541.001, Transportation Code, is amended
by adding Subdivision (6) to read as follows:
(6) "Sidewalk user" means an individual lawfully
operating one of the following on a sidewalk:
(A) a bicycle;
(B) a motor-assisted scooter, as defined by
Section 551.351;
(C) an electric personal assistive mobility
device, as defined by Section 551.201;
(D) a skateboard;
(E) roller skates; or
(F) a similar device.
SECTION 2. Sections 544.007(b), (c), and (d),
Transportation Code, are amended to read as follows:
(b) An operator of a vehicle facing a circular green signal
may proceed straight or turn right or left unless a sign prohibits
the turn. The operator shall, while the signal is exhibited:
(1) yield the right-of-way to other vehicles lawfully
in the intersection when the signal is exhibited; and
(2) stop and yield the right-of-way to pedestrians or
sidewalk users lawfully in the intersection or an adjacent
crosswalk.
(c) An operator of a vehicle facing a green arrow signal,
displayed alone or with another signal, may cautiously enter the
intersection to move in the direction permitted by the arrow or
other indication shown simultaneously. The operator shall stop and
yield the right-of-way to a pedestrian or sidewalk user lawfully in
an adjacent crosswalk and shall yield the right-of-way to other
traffic lawfully using the intersection.
(d) An operator of a vehicle facing only a steady red signal
shall stop at a clearly marked stop line. In the absence of a stop
line, the operator shall stop before entering the crosswalk on the
near side of the intersection. A vehicle that is not turning shall
remain standing until an indication to proceed is shown. After
stopping, standing until the intersection may be entered safely,
and yielding right-of-way to pedestrians and sidewalk users
lawfully in an adjacent crosswalk and other traffic lawfully using
the intersection, the operator may:
(1) turn right; or
(2) turn left, if the intersecting streets are both
one-way streets and a left turn is permissible.
SECTION 3. Section 545.256, Transportation Code, is amended
to read as follows:
Sec. 545.256. EMERGING FROM AN ALLEY, DRIVEWAY, OR
BUILDING. An operator emerging from an alley, driveway, or
building in a business or residence district shall:
(1) stop the vehicle before moving on a sidewalk or the
sidewalk area extending across an alley or driveway;
(2) yield the right-of-way to a pedestrian or sidewalk
user to avoid collision; and
(3) on entering the roadway, yield the right-of-way to
an approaching vehicle.
SECTION 4. The heading to Chapter 552, Transportation Code,
is amended to read as follows:
CHAPTER 552. PEDESTRIANS AND OTHER SIDEWALK USERS
SECTION 5. Sections 552.001 and 552.002, Transportation
Code, are amended to read as follows:
Sec. 552.001. TRAFFIC CONTROL SIGNALS. (a) A traffic
control signal displaying green, red, and yellow lights or lighted
arrows applies to a pedestrian and a sidewalk user as provided by
this section unless the pedestrian or sidewalk user is otherwise
directed by a special pedestrian control signal.
(b) A pedestrian or sidewalk user facing a green signal may
proceed across a roadway within a marked or unmarked crosswalk
unless the sole green signal is a turn arrow.
(c) A pedestrian or sidewalk user facing a steady red signal
alone or a steady yellow signal may not enter a roadway.
Sec. 552.002. PEDESTRIAN OR SIDEWALK USER RIGHT-OF-WAY IF
CONTROL SIGNAL PRESENT. (a) A pedestrian control signal
displaying "Walk," "Don't Walk," or "Wait" applies to a pedestrian
and a sidewalk user as provided by this section.
(b) A pedestrian or sidewalk user facing a "Walk" signal may
proceed across a roadway in the direction of the signal, and the
operator of a vehicle shall stop and yield the right-of-way to the
pedestrian or sidewalk user.
(c) A pedestrian or sidewalk user may not start to cross a
roadway in the direction of a "Don't Walk" signal or a "Wait"
signal. A pedestrian or sidewalk user who has partially crossed
while the "Walk" signal is displayed shall proceed to a sidewalk or
safety island while the "Don't Walk" signal or "Wait" signal is
displayed.
SECTION 6. Chapter 552, Transportation Code, is amended by
adding Sections 552.0035 and 552.0036 to read as follows:
Sec. 552.0035. SIDEWALK USER RIGHT-OF-WAY AT
CROSSWALK. (a) The operator of a vehicle shall stop and yield the
right-of-way to a sidewalk user crossing a roadway in a crosswalk
if:
(1) no traffic control signal is in place or in
operation; and
(2) the sidewalk user is:
(A) on the half of the roadway in which the
vehicle is traveling; or
(B) approaching so closely from the opposite half
of the roadway as to be in danger.
(b) Notwithstanding Subsection (a), a sidewalk user may not
suddenly leave a curb or other place of safety and proceed into a
crosswalk in the path of a vehicle so close that it is impossible
for the vehicle operator to stop and yield.
(c) Notwithstanding Subsection (a), a sidewalk user may not
approach or enter a crosswalk at a speed greater than is reasonable
and prudent under the existing conditions and having regard for
actual and potential existing hazards. For the purposes of this
subsection, a speed greater than eight miles per hour is prima facie
evidence that the speed is not reasonable and prudent.
(d) The operator of a vehicle approaching from the rear of a
vehicle that is stopped at a crosswalk to permit a sidewalk user to
cross a roadway may not pass the stopped vehicle.
Sec. 552.0036. SIDEWALK USER RIGHT-OF-WAY AT STOP SIGN. A
sidewalk user approaching an intersection with a stop sign shall:
(1) stop before entering the crosswalk; and
(2) after stopping, yield the right-of-way to a
vehicle that:
(A) has entered the intersection; or
(B) is approaching the intersection so closely as
to be an immediate hazard to the sidewalk user entering or moving
across the crosswalk.
SECTION 7. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 8. This Act takes effect September 1, 2025.