77R11600 JAT-D                           
         By Gutierrez, Maxey, Kitchen, Villarreal              H.B. No. 2204
         Substitute the following for H.B. No. 2204:
         By Turner of Coleman                              C.S.H.B. No. 2204
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the safety of bicyclists and pedestrians; providing
 1-3     criminal penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 45, Code of Criminal
 1-6     Procedure, is amended by adding Article 45.0512 to read as follows:
 1-7           Art. 45.0512.  DEFERRED DISPOSITION PROCEDURES APPLICABLE TO
 1-8     TRAFFIC OFFENSES COMMITTED BY BICYCLISTS. (a)  This article applies
 1-9     only to an alleged offense involving the operation of a bicycle, as
1-10     defined by Section 541.201, Transportation Code.
1-11           (b)  Under this article, a justice may defer further
1-12     proceedings without entering an adjudication and place the
1-13     defendant on probation for a period not to exceed 90 days.
1-14           (c)  During the deferral period, the justice:
1-15                 (1)  shall require the defendant to successfully
1-16     complete a bicycling safety course administered by the Texas
1-17     Department of Public Safety under Section 543.303, Transportation
1-18     Code, if the defendant requests deferred disposition under this
1-19     article and the defendant has not completed a bicycling safety
1-20     course administered by the Texas Department of Public Safety within
1-21     the preceding 12 months; and
1-22                 (2)  may require the defendant to successfully complete
1-23     a bicycling safety course administered by the Texas Department of
1-24     Public Safety under Section 543.303, Transportation Code, if the
 2-1     defendant requests deferral under this article and has completed a
 2-2     bicycling safety course administered by the Texas Department of
 2-3     Public Safety within the preceding 12 months.
 2-4           (d)  Subsection (c)(1) applies only if:
 2-5                 (1)  the person enters a plea in person or in writing
 2-6     of no contest or guilty and, on or before the answer date on the
 2-7     notice to appear:
 2-8                       (A)  presents in person to the court an oral or
 2-9     written request to take a course; or
2-10                       (B)  sends to the court by certified mail, return
2-11     receipt requested, postmarked on or before the answer date on the
2-12     notice to appear, a written request to take a course;
2-13                 (2)  the court enters judgment on the person's plea of
2-14     no contest or guilty at the time the plea is made but defers
2-15     imposition of the judgment for 90 days;
2-16                 (3)  the person is charged with an offense to which
2-17     this article applies; and
2-18                 (4)  the defendant files an affidavit with the court
2-19     stating that the person is not taking a course under this article
2-20     and has not completed a course under this article within the 12
2-21     months preceding the date of the offense.
2-22           (e)  Notwithstanding Subsection (d)(1), on a written motion
2-23     submitted to the court before the final disposition of the case,
2-24     the court may grant a request to take a bicycling safety course
2-25     under this article.
2-26           (f)  A request to take a bicycling safety course made at or
2-27     before the time and at the place at which a person is required to
 3-1     appear in court is an appearance in compliance with the person's
 3-2     promise to appear.
 3-3           (g)  The court may require a person requesting a bicycling
 3-4     safety course to pay a fee set by the court at an amount of not
 3-5     more than $10, including any other fee authorized by statute or
 3-6     municipal ordinance, to cover the cost of administering this
 3-7     article.
 3-8           (h)  A person who requests but does not take a course is not
 3-9     entitled to a refund of the fee set by the court under Subsection
3-10     (g).
3-11           (i)  Fees collected by a municipal court shall be deposited
3-12     in the municipal treasury.  Fees collected by another court shall
3-13     be deposited in the county treasury of the county in which the
3-14     court is located.
3-15           (j)  If a person requesting a bicycling safety course fails
3-16     to furnish evidence of the successful completion of the course to
3-17     the court, the court shall:
3-18                 (1)  notify the person in writing, mailed to the
3-19     address appearing on the notice to appear, of that failure; and
3-20                 (2)  require the person to appear at the time and place
3-21     stated in the notice to show cause why the evidence was not timely
3-22     submitted to the court.
3-23           (k)  A person who fails to appear at the time and place
3-24     stated in the notice commits a misdemeanor punishable as provided
3-25     by Section 543.009, Transportation Code.
3-26           (l)  On a person's showing of good cause for failure to
3-27     furnish evidence to the court, the court may allow an extension of
 4-1     time during which the person may present evidence that the person
 4-2     successfully completed the bicycling safety course.
 4-3           (m)  When a person complies with a requirement of the justice
 4-4     under Subsection (c) and evidence of successful course completion
 4-5     is accepted by the court, the court shall remove the judgment and
 4-6     dismiss the charge.
 4-7           (n)  The court may dismiss only one charge for each
 4-8     completion of a course.
 4-9           (o)  A charge that is dismissed under this article may not be
4-10     part of a person's driving record or used for any purpose.
4-11           (p)  An insurer delivering or issuing for delivery a motor
4-12     vehicle insurance policy in this state may not cancel or increase
4-13     the premium charged an insured under the policy because the insured
4-14     completed a bicycling safety course or had a charge dismissed under
4-15     this article.
4-16           (q)  The court shall advise a person charged with a
4-17     misdemeanor under Subtitle C, Title 7, Transportation Code,
4-18     committed while operating a bicycle of the person's right to
4-19     request deferral under this article and to successfully complete a
4-20     bicycling safety course.
4-21           (r)  Nothing in this article shall prevent a court from
4-22     assessing a special expense for deferred disposition under
4-23     Subsection (c)(2) in the same manner as provided by Article 45.051.
4-24     For a deferred disposition under Subsection (c)(1), the court may
4-25     not collect a fee that exceeds $10 in addition to any applicable
4-26     court cost.
4-27           SECTION 2.  Section 411.0175, Government Code, is amended to
 5-1     read as follows:
 5-2           Sec. 411.0175.  ACCIDENT REPORTS.  The department shall:
 5-3                 (1)  tabulate and analyze the [motor] vehicle accident
 5-4     reports it receives;
 5-5                 (2)  annually or more frequently publish statistical
 5-6     information derived from the accident reports as to the number,
 5-7     cause, and location of highway accidents, including information
 5-8     regarding the number of accidents involving injury to, death of, or
 5-9     property damage to a bicyclist or pedestrian; and
5-10                 (3)  provide an abstract of the statistical information
5-11     for each preceding biennium to the governor and the legislature,
5-12     with its conclusions and findings and recommendations for
5-13     decreasing highway accidents and increasing highway safety.
5-14           SECTION 3.  Chapter 22, Penal Code, is amended by adding
5-15     Section 22.12 to read as follows:
5-16           Sec. 22.12.  THROWING OBJECT OR SUBSTANCE AT BICYCLIST OR
5-17     PEDESTRIAN FROM MOTOR VEHICLE.  (a)  A person commits an offense if
5-18     the person, while operating a motor vehicle or as a passenger in a
5-19     motor vehicle:
5-20                 (1)  drives past a bicyclist or a pedestrian who is on
5-21     a street or highway; and
5-22                 (2)  throws an object or substance from the motor
5-23     vehicle.
5-24           (b)  An offense under Subsection (a) is:
5-25                 (1)  a Class C misdemeanor if:
5-26                       (A)  the operator or passenger acts with reckless
5-27     disregard as to whether the bicyclist would be struck by or placed
 6-1     in fear of being struck by the object or substance; or
 6-2                       (B)  regardless of the mental state of the
 6-3     operator or passenger, the offense results in damage to property of
 6-4     the bicyclist or pedestrian;
 6-5                 (2)  a Class B misdemeanor if the operator or passenger
 6-6     acts with the intent to:
 6-7                       (A)  strike the bicyclist or pedestrian with the
 6-8     object or substance; or
 6-9                       (B)  place the bicyclist or pedestrian in fear of
6-10     being struck by the object or substance; or
6-11                 (3)  a Class A misdemeanor if, regardless of the mental
6-12     state of the operator or passenger, the offense results in bodily
6-13     injury to the bicyclist or pedestrian.
6-14           (c)  In this section:
6-15                 (1)  "Bicyclist" includes a person operating an
6-16     electric bicycle.
6-17                 (2)  "Highway or street" has the meaning assigned by
6-18     Section 541.302, Transportation Code.
6-19                 (3)  "Passing," used in reference to a bicyclist, means
6-20     overtaking and proceeding past a bicyclist moving in the same
6-21     direction as the motor vehicle operated by the actor or in which
6-22     the actor was a passenger.  The term includes an attempt to pass a
6-23     bicyclist or pedestrian.
6-24           (d)  If conduct constituting an offense under this section
6-25     also constitutes an offense under another section of this code or
6-26     the Transportation Code, the actor may be prosecuted under either
6-27     section or under both sections.
 7-1           SECTION 4.  Chapter 543, Transportation Code, is amended by
 7-2     adding Subchapter D to read as follows:
 7-3          SUBCHAPTER D. DISMISSAL OF CERTAIN MISDEMEANOR CHARGES ON
 7-4                     COMPLETING BICYCLING SAFETY COURSE
 7-5           Sec. 543.301.  APPLICABILITY OF SUBCHAPTER.  This subchapter
 7-6     applies to an alleged offense involving the operation of a bicycle,
 7-7     as defined by Section 541.201.
 7-8           Sec. 543.302.   STATEMENT OF RIGHT PROVIDED ON NOTICE TO
 7-9     APPEAR.  (a)  A notice to appear issued for an offense to which
7-10     this subchapter applies must substantially state:  "You may be able
7-11     to require that this charge be dismissed by taking a bicycling
7-12     safety course. However, you will lose that right if you do not
7-13     provide written notice to the court on or before your appearance
7-14     date of your desire to do so."
7-15           (b)  If this statement is not supplied, the person may
7-16     continue to exercise the right described until the person is
7-17     informed as provided by Subsection (a)  or until the final
7-18     disposition of the case.
7-19           Sec. 543.303.  DEPARTMENT TO ADMINISTER.  (a)  The department
7-20     shall establish and administer a bicycling safety course and may
7-21     adopt rules to implement the course. The course may include
7-22     instruction concerning:
7-23                 (1)  the safe handling and use of bicycles;
7-24                 (2)  high-risk traffic situations;
7-25                 (3)  bicycle and traffic handling skills;
7-26                 (4)  correct use of bicycle helmets; and
7-27                 (5)  traffic laws and regulations.
 8-1           (b)  The department may charge a reasonable fee for the
 8-2     course not to exceed $15.
 8-3           (c)  The department may:
 8-4                 (1)  determine the qualifications for an instructor for
 8-5     the bicycle education course;
 8-6                 (2)  use volunteer instructors; and
 8-7                 (3)  certify organizations to recruit and train
 8-8     instructors for the course.
 8-9           (d)  In administering this section, the department may
8-10     contract with an educational institution, a state agency, a local
8-11     government, or a nonprofit organization interested in bicycle
8-12     education.
8-13           (e)  The department may accept gifts, grants, and donations
8-14     to be used in administering this section.
8-15           (f)  Fees received by the department under Subsection (b) may
8-16     only be used by the department to defray the cost of implementing
8-17     and administering this section.
8-18           SECTION 5.  Subchapter B, Chapter 545, Transportation Code,
8-19     is amended by adding Section 545.0535 to read as follows:
8-20           Sec. 545.0535.  PASSING BICYCLIST OR PEDESTRIAN ON HIGHWAY OR
8-21     STREET.  (a)  An operator passing a bicyclist operating on a
8-22     highway or street or driving past a pedestrian walking on a highway
8-23     or street:
8-24                 (1)  shall pass to the left of the bicyclist or
8-25     pedestrian at a safe distance; and
8-26                 (2)  may not move back to the right side of the roadway
8-27     until safely clear of the bicyclist or pedestrian.
 9-1           (b)  For the purposes of Subsection (a), the operator is
 9-2     presumed to have passed the bicyclist or pedestrian at a distance
 9-3     that was not a safe distance if the operator struck the bicyclist
 9-4     or pedestrian with the vehicle or if:
 9-5                 (1)  the operator failed to move to:
 9-6                       (A)  the left side of the roadway, if the roadway
 9-7     has only two lanes for moving vehicles and provides for two-way
 9-8     movement of traffic; or
 9-9                       (B)  a lane other than the lane occupied by the
9-10     bicyclist or pedestrian, if the roadway has more than one lane for
9-11     moving vehicles moving in the same direction as the operator; and
9-12                 (2)  movement to the left side of the roadway or to the
9-13     other lane:
9-14                       (A)  was not prohibited; and
9-15                       (B)  could have been made in safety.
9-16           (c)  A violation of this section is:
9-17                 (1)  a Class C misdemeanor if:
9-18                       (A)  the operator acts with reckless disregard as
9-19     to whether the bicyclist or pedestrian would be struck by or placed
9-20     in fear of being struck by the vehicle operated by the operator; or
9-21                       (B)  regardless of the mental state of the
9-22     operator or passenger, the offense results in damage to property of
9-23     the bicyclist or pedestrian;
9-24                 (2)  a Class B misdemeanor if the operator acts with
9-25     the intent to:
9-26                       (A)  strike the bicyclist or pedestrian with the
9-27     vehicle operated by the operator; or
 10-1                      (B)  place the bicyclist or pedestrian in fear of
 10-2    being struck by the vehicle operated by the operator; or
 10-3                (3)  a Class A misdemeanor if, regardless of the mental
 10-4    state of the operator, the offense results in  bodily injury to the
 10-5    bicyclist or pedestrian.
 10-6          (d)  To the extent of a conflict between this section and
 10-7    another section in this subchapter, this section prevails.
 10-8          SECTION 6.  Section 551.103(a), Transportation Code, is
 10-9    amended to read as follows:
10-10          (a)  Except as provided by Subsection (b), a person operating
10-11    a bicycle on a roadway who is moving slower than the other traffic
10-12    on the roadway shall ride as near as practicable to the right curb
10-13    or edge of the roadway, unless:
10-14                (1)  the person is passing another vehicle moving in
10-15    the same direction;
10-16                (2)  the person is preparing to turn left at an
10-17    intersection or onto a private road or driveway; [or]
10-18                (3)  a condition on or of the roadway, including a
10-19    fixed or moving object, parked or moving vehicle, pedestrian,
10-20    animal, or surface hazard[, or substandard width lane,] prevents
10-21    the person from safely riding next to the right curb or edge of the
10-22    roadway; or
10-23                (4)  the person is operating a bicycle in an outside
10-24    lane that is:
10-25                      (A)  less than 14 feet in width and does not have
10-26    a designated bicycle lane adjacent to that lane; or
10-27                      (B)  too narrow for a bicycle and a motor vehicle
 11-1    to safely travel side by side.
 11-2          SECTION 7.  Section 551.103(d), Transportation Code, is
 11-3    repealed.
 11-4          SECTION 8.  (a)  The Texas Department of Transportation shall
 11-5    adopt the rules necessary to implement Section 543.303,
 11-6    Transportation Code, as added by this Act, not later than January
 11-7    1, 2002.
 11-8          (b)  Section 543.301, Transportation Code, as added by this
 11-9    Act, applies only to a citation issued for an offense committed on
11-10    or after January 1, 2002. For purposes of this subsection, an
11-11    offense was committed before January 1, 2002, if any element of the
11-12    offense occurred before that date.
11-13          (c)  Article 45.0512, Code of Criminal Procedure, as added by
11-14    this Act, applies only to an offense committed on or after the
11-15    effective date of this Act.  An offense committed before the
11-16    effective date of this Act is covered by the law in effect
11-17    immediately before the effective date of this Act, and the former
11-18    law is continued in effect for that purpose.
11-19          (d)  This Act takes effect September 1, 2001.