| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to motor vehicle accidents involving a pedestrian or other |
|
|
vulnerable road user within the area of a crosswalk; 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. This Act takes effect September 1, 2021. |