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.