By Gutierrez H.B. No. 2204
77R8066 JAT-D
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 to an alleged offense involving the operation of a bicycle, as
1-10 defined by Section 541.201, Transportation Code, and supplements
1-11 Articles 45.051 and 45.0511.
1-12 (b) The justice may defer further proceedings without
1-13 entering an adjudication and place the defendant on probation for a
1-14 period not to exceed 180 days.
1-15 (c) During the deferral period under Article 45.051, the
1-16 justice:
1-17 (1) shall require the defendant to successfully
1-18 complete a bicycling safety course administered by the Texas
1-19 Department of Public Safety under Section 543.303, Transportation
1-20 Code, if the defendant elects deferred disposition and the
1-21 defendant has not completed a bicycling safety course administered
1-22 by the Texas Department of Public Safety within the preceding 12
1-23 months; and
1-24 (2) may require the defendant to successfully complete
2-1 a bicycling safety course administered by the Texas Department of
2-2 Public Safety under Section 543.303, Transportation Code, if the
2-3 defendant has completed a bicycling safety course administered by
2-4 the Texas Department of Public Safety within the preceding 12
2-5 months.
2-6 (d) Subsection (c)(1) applies only if:
2-7 (1) the person enters a plea in person or in writing
2-8 of no contest or guilty and, before the answer date on the notice
2-9 to appear:
2-10 (A) presents in person to the court an oral or
2-11 written request to take a course; or
2-12 (B) sends to the court by certified mail, return
2-13 receipt requested, postmarked on or before the answer date on the
2-14 notice to appear, a written request to take a course;
2-15 (2) the court enters judgment on the person's plea of
2-16 no contest or guilty at the time the plea is made but defers
2-17 imposition of the judgment for 180 days;
2-18 (3) the person has a Texas driver's license or permit
2-19 or a personal identification certificate issued by the Texas
2-20 Department of Public Safety or some other form of official
2-21 identification such as a school identification card;
2-22 (4) the person is charged with an offense to which
2-23 this article applies, other than speeding 25 miles per hour or more
2-24 over the posted speed limit;
2-25 (5) the defendant's driving record as maintained by
2-26 the Texas Department of Public Safety shows the defendant has not
2-27 completed an approved bicycling safety course within the 12 months
3-1 preceding the date of the offense; and
3-2 (6) the defendant files an affidavit with the court
3-3 stating that the person is not taking a course under this article
3-4 and has not completed a course that is not shown on the person's
3-5 driving record within the 12 months preceding the date of the
3-6 offense.
3-7 (e) Notwithstanding Subsection (d)(1), on a written motion
3-8 submitted to the court before the final disposition of the case,
3-9 the court may grant a request to take a bicycling safety course
3-10 under this article.
3-11 (f) A request to take a bicycling safety course made at or
3-12 before the time and at the place at which a person is required to
3-13 appear in court is an appearance in compliance with the person's
3-14 promise to appear.
3-15 (g) The court may require a person requesting a bicycling
3-16 safety course to pay a fee set by the court at an amount of not
3-17 more than $10, including any other fee authorized by statute or
3-18 municipal ordinance, to cover the cost of administering this
3-19 article.
3-20 (h) A person who requests but does not take a course is not
3-21 entitled to a refund of the fee.
3-22 (i) Fees collected by a municipal court shall be deposited
3-23 in the municipal treasury. Fees collected by another court shall
3-24 be deposited in the county treasury of the county in which the
3-25 court is located.
3-26 (j) If a person requesting a bicycling safety course fails
3-27 to furnish evidence of the successful completion of the course to
4-1 the court, the court shall:
4-2 (1) notify the person in writing, mailed to the
4-3 address appearing on the notice to appear, of that failure; and
4-4 (2) require the person to appear at the time and place
4-5 stated in the notice to show cause why the evidence was not timely
4-6 submitted to the court.
4-7 (k) A person who fails to appear at the time and place
4-8 stated in the notice commits a misdemeanor punishable as provided
4-9 by Section 543.009, Transportation Code.
4-10 (l) On a person's showing of good cause for failure to
4-11 furnish evidence to the court, the court may allow an extension of
4-12 time during which the person may present evidence that the person
4-13 successfully completed the bicycling safety course.
4-14 (m) When a person complies with Subsection (c) and evidence
4-15 of successful course completion is accepted by the court, the court
4-16 shall:
4-17 (1) remove the judgment and dismiss the charge;
4-18 (2) report the fact that the person successfully
4-19 completed a bicycling safety course and the date of completion to
4-20 the Texas Department of Public Safety for inclusion in the person's
4-21 driving record; and
4-22 (3) state in its report whether the course was taken
4-23 under the procedure provided by this article to provide information
4-24 necessary to determine eligibility to take a subsequent course
4-25 under Subsection (c).
4-26 (n) The court may dismiss only one charge for each
4-27 completion of a course.
5-1 (o) A charge that is dismissed under this article may not be
5-2 part of a person's driving record or used for any purpose.
5-3 (p) An insurer delivering or issuing for delivery a motor
5-4 vehicle insurance policy in this state may not cancel or increase
5-5 the premium charged an insured under the policy because the insured
5-6 completed a bicycling safety course or had a charge dismissed under
5-7 this article.
5-8 (q) The court shall advise a person charged with a
5-9 misdemeanor under Subtitle C, Title 7, Transportation Code,
5-10 committed while operating a bicycle of the person's right under
5-11 this article to successfully complete a bicycling safety course if
5-12 the offense was committed while operating a bicycle. The right to
5-13 complete a course does not apply to a person charged with a
5-14 violation of Section 545.066, 545.401, 550.022, or 550.023,
5-15 Transportation Code.
5-16 (r) Nothing in this article shall prevent a court from
5-17 assessing a special expense for deferred disposition in the same
5-18 manner as provided by Article 45.051. For a deferred disposition
5-19 under Subsection (c)(1), the court may not collect a fee that
5-20 exceeds $10 in addition to any applicable court cost.
5-21 SECTION 2. Section 411.0175, Government Code, is amended to
5-22 read as follows:
5-23 Sec. 411.0175. ACCIDENT REPORTS. The department shall:
5-24 (1) tabulate and analyze the [motor] vehicle accident
5-25 reports it receives;
5-26 (2) annually or more frequently publish statistical
5-27 information derived from the accident reports as to the number,
6-1 cause, and location of highway accidents, including information
6-2 regarding the number of accidents involving injury to, death of, or
6-3 property damage to a bicyclist or pedestrian; and
6-4 (3) provide an abstract of the statistical information
6-5 for each preceding biennium to the governor and the legislature,
6-6 with its conclusions and findings and recommendations for
6-7 decreasing highway accidents and increasing highway safety.
6-8 SECTION 3. Chapter 370, Local Government Code, is amended by
6-9 adding Section 370.004 to read as follows:
6-10 Sec. 370.004. REQUIRED WEARING OF BICYCLE HELMETS. (a) The
6-11 governing body of a municipality by ordinance may require children
6-12 younger than 16 years of age to wear a bicycle helmet while
6-13 operating a bicycle in the municipality. The commissioners court
6-14 of a county by order may require children younger than 16 years of
6-15 age to wear a bicycle helmet while operating a bicycle in the
6-16 unincorporated area of the county.
6-17 (b) The governing body of a municipality or the
6-18 commissioners court of a county may adopt an ordinance or order
6-19 under Subsection (a) only if the Texas Department of Public Safety
6-20 determines that:
6-21 (1) all school districts located in the county or
6-22 municipality, as applicable, have adopted a bicycle safety
6-23 education program for elementary schools equivalent to the program
6-24 described by Section 758.002, Health and Safety Code; and
6-25 (2) the county or municipality has adopted a program
6-26 to:
6-27 (A) provide children younger than 16 years of
7-1 age from low-income families with bicycle helmets; or
7-2 (B) work with a civic or other organization to
7-3 provide bicycle helmets to children younger than 16 years of age
7-4 from low-income families.
7-5 (c) An ordinance or order adopted under Subsection (a) must
7-6 provide that:
7-7 (1) a child who violates the ordinance or order is
7-8 liable to the municipality or county for a civil penalty not to
7-9 exceed $20; and
7-10 (2) for a first offense within a 12-month period the
7-11 civil penalty shall be waived if the child and a parent or guardian
7-12 of the child appear before the enforcing authority and provide
7-13 evidence satisfactory to the enforcing authority that the child or
7-14 a parent or guardian of the child has acquired, by purchase or
7-15 otherwise, a bicycle helmet for the child to wear while operating a
7-16 bicycle.
7-17 (d) The Department of Public Safety shall adopt rules to
7-18 implement this section.
7-19 SECTION 4. Chapter 22, Penal Code, is amended by adding
7-20 Section 22.12 to read as follows:
7-21 Sec. 22.12. THROWING OBJECT OR SUBSTANCE AT BICYCLIST OR
7-22 PEDESTRIAN FROM MOTOR VEHICLE. (a) A person commits an offense if
7-23 the person, while operating a motor vehicle or as a passenger in a
7-24 motor vehicle:
7-25 (1) drives past a bicyclist or a pedestrian who is on
7-26 a street or highway; and
7-27 (2) throws an object or substance from the motor
8-1 vehicle.
8-2 (b) An offense under Subsection (a) is:
8-3 (1) a Class B misdemeanor if the operator or passenger
8-4 acts with reckless disregard as to whether the bicyclist would be
8-5 struck by or placed in fear of being struck by the object or
8-6 substance;
8-7 (2) a Class A misdemeanor if the operator or passenger
8-8 acts with the intent to:
8-9 (A) strike the bicyclist or pedestrian with the
8-10 object or substance; or
8-11 (B) place the bicyclist or pedestrian in fear of
8-12 being struck by the object or substance; or
8-13 (3) a state jail felony if, regardless of the mental
8-14 state of the operator or passenger, the offense results in:
8-15 (A) bodily injury to the bicyclist or
8-16 pedestrian; or
8-17 (B) damage to property of the bicyclist or
8-18 pedestrian.
8-19 (c) In this section:
8-20 (1) "Bicyclist" includes a person operating an
8-21 electric bicycle.
8-22 (2) "Highway or street" has the meaning assigned by
8-23 Section 541.302, Transportation Code.
8-24 (3) "Passing," used in reference to a bicyclist, means
8-25 overtaking and proceeding past a bicyclist moving in the same
8-26 direction as the motor vehicle operated by the actor or in which
8-27 the actor was a passenger. The term includes an attempt to pass a
9-1 bicyclist or pedestrian.
9-2 (d) If conduct constituting an offense under this section
9-3 also constitutes an offense under another section of this code or
9-4 the Transportation Code, the actor may be prosecuted under either
9-5 section or under both sections.
9-6 SECTION 5. Chapter 543, Transportation Code, is amended by
9-7 adding Subchapter D to read as follows:
9-8 SUBCHAPTER D. DISMISSAL OF CERTAIN MISDEMEANOR CHARGES ON
9-9 COMPLETING BICYCLING SAFETY COURSE
9-10 Sec. 543.301. APPLICABILITY OF SUBCHAPTER. This subchapter
9-11 applies to an alleged offense involving the operation of a bicycle,
9-12 as defined by Section 541.201.
9-13 Sec. 543.302. STATEMENT OF RIGHT PROVIDED ON NOTICE TO
9-14 APPEAR. (a) A notice to appear issued for an offense to which
9-15 this subchapter applies must substantially state: "You may be able
9-16 to require that this charge be dismissed by taking a bicycling
9-17 safety course. However, you will lose that right if you do not
9-18 provide written notice to the court on or before your appearance
9-19 date of your desire to do so."
9-20 (b) If this statement is not supplied, the person may
9-21 continue to exercise the right described until the person is
9-22 informed as provided by Subsection (a) or until the final
9-23 disposition of the case.
9-24 Sec. 543.303. DEPARTMENT TO ADMINISTER. The department
9-25 shall establish and administer a bicycling safety course and may
9-26 adopt rules to implement the program. The program may include
9-27 instruction concerning:
10-1 (1) the safe handling and use of bicycles;
10-2 (2) high-risk traffic situations;
10-3 (3) bicycle and traffic handling skills;
10-4 (4) correct use of bicycle helmets; and
10-5 (5) traffic laws and regulations.
10-6 SECTION 6. Subchapter B, Chapter 545, Transportation Code,
10-7 is amended by adding Section 545.0535 to read as follows:
10-8 Sec. 545.0535. PASSING BICYCLIST OR PEDESTRIAN ON HIGHWAY OR
10-9 STREET. (a) An operator passing a bicyclist operating on a
10-10 highway or street or driving past a pedestrian walking on a highway
10-11 or street:
10-12 (1) shall pass to the left of the bicyclist or
10-13 pedestrian at a safe distance; and
10-14 (2) may not move back to the right side of the roadway
10-15 until safely clear of the bicyclist or pedestrian.
10-16 (b) For the purposes of Subsection (a), the operator is
10-17 presumed to have passed the bicyclist or pedestrian at a distance
10-18 that was not a safe distance if the operator struck the bicyclist
10-19 or pedestrian with the vehicle or if:
10-20 (1) the operator failed to move to:
10-21 (A) the left side of the roadway, if the roadway
10-22 has only two lanes for moving vehicles and provides for two-way
10-23 movement of traffic; or
10-24 (B) a lane other than the lane occupied by the
10-25 bicyclist or pedestrian, if the roadway has more than one lane for
10-26 moving vehicles moving in the same direction as the operator; and
10-27 (2) movement to the left side of the roadway or to the
11-1 other lane:
11-2 (A) was not prohibited; and
11-3 (B) could have been made in safety.
11-4 (c) A violation of this section is:
11-5 (1) a Class B misdemeanor if the operator acts with
11-6 reckless disregard as to whether the bicyclist or pedestrian would
11-7 be struck by or placed in fear of being struck by the vehicle
11-8 operated by the operator;
11-9 (2) a Class A misdemeanor if the operator acts with
11-10 the intent to:
11-11 (A) strike the bicyclist or pedestrian with the
11-12 vehicle operated by the operator; or
11-13 (B) place the bicyclist or pedestrian in fear of
11-14 being struck by the vehicle operated by the operator; or
11-15 (3) a state jail felony if, regardless of the mental
11-16 state of the operator, the offense results in:
11-17 (A) bodily injury to the bicyclist or
11-18 pedestrian; or
11-19 (B) damage to property of the bicyclist or
11-20 pedestrian.
11-21 (d) To the extent of a conflict between this section and
11-22 another section in this subchapter, this section prevails.
11-23 SECTION 7. Section 551.103(a), Transportation Code, is
11-24 amended to read as follows:
11-25 (a) Except as provided by Subsection (b), a person operating
11-26 a bicycle on a roadway who is moving slower than the other traffic
11-27 on the roadway shall ride as near as practicable to the right curb
12-1 or edge of the roadway, unless:
12-2 (1) the person is passing another vehicle moving in
12-3 the same direction;
12-4 (2) the person is preparing to turn left at an
12-5 intersection or onto a private road or driveway; [or]
12-6 (3) a condition on or of the roadway, including a
12-7 fixed or moving object, parked or moving vehicle, pedestrian,
12-8 animal, or surface hazard[, or substandard width lane,] prevents
12-9 the person from safely riding next to the right curb or edge of the
12-10 roadway; or
12-11 (4) the person is operating a bicycle in an outside
12-12 lane that is:
12-13 (A) less than 14 feet in width; or
12-14 (B) too narrow for a bicycle and a motor vehicle
12-15 to safely travel side by side.
12-16 SECTION 8. Section 551.103(d), Transportation Code, is
12-17 repealed.
12-18 SECTION 9. (a) The department shall adopt the rules
12-19 necessary to implement Section 543.303, Transportation Code, as
12-20 added by this Act, not later than January 1, 2002.
12-21 (b) Section 543.301, Transportation Code, as added by this
12-22 Act, applies only to a citation issued for an offense committed on
12-23 or after January 1, 2002. For purposes of this subsection, an
12-24 offense was committed before January 1, 2002, if any element of the
12-25 offense occurred before that date.
12-26 (c) Article 45.0512, Code of Criminal Procedure, as added by
12-27 this Act, applies only to an offense committed on or after the
13-1 effective date of this Act. An offense committed before the
13-2 effective date of this Act is covered by the law in effect
13-3 immediately before the effective date of this Act, and the former
13-4 law is continued in effect for that purpose.
13-5 (d) This Act takes effect September 1, 2001.