87(R) SB 1055 - Enrolled version - Bill Text

	S.B.  No.  1055

	AN ACT
	relating to motor vehicle accidents involving a vulnerable road
	user within the area of a crosswalk and to requiring the operator of
	a vehicle to yield the right-of-way to a pedestrian; creating a
	criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    This Act shall be known as the Lisa Torry Smith
	Act.
	SECTION  2.    Subchapter I, Chapter 545, Transportation Code,
	is amended by adding Section 545.428 to read as follows:
	Sec.  545.428.    MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN
	OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE.
	(a) In this section:
	(1)    "Electric personal assistive mobility device" has
	the meaning assigned by Section 551.201.
	(2)    "Golf cart" has the meaning assigned by Section
	551.401.
	(3)    "Motor-assisted scooter" has the meaning assigned
	by Section 551.351.
	(4)    "Neighborhood electric vehicle" has the meaning
	assigned by Section 551.301.
	(b)    A person commits an offense if the person with criminal
	negligence:
	(1)    operates a motor vehicle within the area of a
	crosswalk; and
	(2)    causes bodily injury to a pedestrian or a person
	operating a bicycle, motor-assisted scooter, electronic personal
	assistive mobility device, neighborhood electric vehicle, or golf
	cart.
	(c)    An offense under this section is a Class A misdemeanor,
	except that the offense is a state jail felony if the person
	described by Subsection (b)(2) suffered serious bodily injury.
	(d)    It is an affirmative defense to prosecution under this
	section that, at the time of the offense, the person described by
	Subsection (b)(2) was violating a provision of this subtitle
	relating to walking, movement, or operation in a crosswalk or on a
	roadway.
	(e)    If conduct that constitutes an offense under this
	section also constitutes an offense under any other law, the actor
	may be prosecuted under this section, the other law, or both.
	SECTION  3.    Sections 544.007(b) and (c), 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 [and to
	pedestrians] lawfully in the intersection [or an adjacent
	crosswalk] when the signal is exhibited; and
	(2)    stop and yield the right-of-way to pedestrians
	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 lawfully in an adjacent
	crosswalk and shall yield the right-of-way to other traffic
	lawfully using the intersection.
	SECTION  4.    Section 552.002(b), Transportation Code, is
	amended to read as follows:
	(b)    A pedestrian 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.
	SECTION  5.    Sections 552.003(a) and (b), Transportation
	Code, are amended to read as follows:
	(a)    The operator of a vehicle shall stop and yield the
	right-of-way to a pedestrian crossing a roadway in a crosswalk if:
	(1)    no traffic control signal is in place or in
	operation; and
	(2)    the pedestrian 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 pedestrian 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