By Moncrief                                           S.B. No. 1372
         77R9284 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 22, Penal Code, is amended by adding
 6-9     Section 22.12 to read as follows:
6-10           Sec. 22.12.  THROWING OBJECT OR SUBSTANCE AT BICYCLIST OR
6-11     PEDESTRIAN FROM MOTOR VEHICLE.  (a)  A person commits an offense if
6-12     the person, while operating a motor vehicle or as a passenger in a
6-13     motor vehicle:
6-14                 (1)  drives past a bicyclist or a pedestrian who is on
6-15     a street or highway; and
6-16                 (2)  throws an object or substance from the motor
6-17     vehicle.
6-18           (b)  An offense under Subsection (a) is:
6-19                 (1)  a Class B misdemeanor if the operator or passenger
6-20     acts with reckless disregard as to whether the bicyclist would be
6-21     struck by or placed in fear of being struck by the object or
6-22     substance;
6-23                 (2)  a Class A misdemeanor if the operator or passenger
6-24     acts with the intent to:
6-25                       (A)  strike the bicyclist or pedestrian with the
6-26     object or substance; or
6-27                       (B)  place the bicyclist or pedestrian in fear of
 7-1     being struck by the object or substance; or
 7-2                 (3)  a state jail felony if, regardless of the mental
 7-3     state of the operator or passenger, the offense results in:
 7-4                       (A)  bodily injury to the bicyclist or
 7-5     pedestrian; or
 7-6                       (B)  damage to property of the bicyclist or
 7-7     pedestrian.
 7-8           (c)  In this section:
 7-9                 (1)  "Bicyclist" includes a person operating an
7-10     electric bicycle.
7-11                 (2)  "Highway or street" has the meaning assigned by
7-12     Section 541.302, Transportation Code.
7-13                 (3)  "Passing," used in reference to a bicyclist, means
7-14     overtaking and proceeding past a bicyclist moving in the same
7-15     direction as the motor vehicle operated by the actor or in which
7-16     the actor was a passenger.  The term includes an attempt to pass a
7-17     bicyclist or pedestrian.
7-18           (d)  If conduct constituting an offense under this section
7-19     also constitutes an offense under another section of this code or
7-20     the Transportation Code, the actor may be prosecuted under either
7-21     section or under both sections.
7-22           SECTION 4.  Chapter 543, Transportation Code, is amended by
7-23     adding Subchapter D to read as follows:
7-24          SUBCHAPTER D. DISMISSAL OF CERTAIN MISDEMEANOR CHARGES ON
7-25                     COMPLETING BICYCLING SAFETY COURSE
7-26           Sec. 543.301.  APPLICABILITY OF SUBCHAPTER.  This subchapter
7-27     applies to an alleged offense involving the operation of a bicycle,
 8-1     as defined by Section 541.201.
 8-2           Sec. 543.302.   STATEMENT OF RIGHT PROVIDED ON NOTICE TO
 8-3     APPEAR.  (a)  A notice to appear issued for an offense to which
 8-4     this subchapter applies must substantially state:  "You may be able
 8-5     to require that this charge be dismissed by taking a bicycling
 8-6     safety course. However, you will lose that right if you do not
 8-7     provide written notice to the court on or before your appearance
 8-8     date of your desire to do so."
 8-9           (b)  If this statement is not supplied, the person may
8-10     continue to exercise the right described until the person is
8-11     informed as provided by Subsection (a)  or until the final
8-12     disposition of the case.
8-13           Sec. 543.303.  DEPARTMENT TO ADMINISTER.  The department
8-14     shall establish and administer a bicycling safety course and may
8-15     adopt rules to implement the program. The program may include
8-16     instruction concerning:
8-17                 (1)  the safe handling and use of bicycles;
8-18                 (2)  high-risk traffic situations;
8-19                 (3)  bicycle and traffic handling skills;
8-20                 (4)  correct use of bicycle helmets; and
8-21                 (5)  traffic laws and regulations.
8-22           SECTION 5.  Subchapter B, Chapter 545, Transportation Code,
8-23     is amended by adding Section 545.0535 to read as follows:
8-24           Sec. 545.0535.  PASSING BICYCLIST OR PEDESTRIAN ON HIGHWAY OR
8-25     STREET.  (a)  An operator passing a bicyclist operating on a
8-26     highway or street or driving past a pedestrian walking on a highway
8-27     or street:
 9-1                 (1)  shall pass to the left of the bicyclist or
 9-2     pedestrian at a safe distance; and
 9-3                 (2)  may not move back to the right side of the roadway
 9-4     until safely clear of the bicyclist or pedestrian.
 9-5           (b)  For the purposes of Subsection (a), the operator is
 9-6     presumed to have passed the bicyclist or pedestrian at a distance
 9-7     that was not a safe distance if the operator struck the bicyclist
 9-8     or pedestrian with the vehicle or if:
 9-9                 (1)  the operator failed to move to:
9-10                       (A)  the left side of the roadway, if the roadway
9-11     has only two lanes for moving vehicles and provides for two-way
9-12     movement of traffic; or
9-13                       (B)  a lane other than the lane occupied by the
9-14     bicyclist or pedestrian, if the roadway has more than one lane for
9-15     moving vehicles moving in the same direction as the operator; and
9-16                 (2)  movement to the left side of the roadway or to the
9-17     other lane:
9-18                       (A)  was not prohibited; and
9-19                       (B)  could have been made in safety.
9-20           (c)  A violation of this section is:
9-21                 (1)  a Class B misdemeanor if the operator acts with
9-22     reckless disregard as to whether the bicyclist or pedestrian would
9-23     be struck by or placed in fear of being struck by the vehicle
9-24     operated by the operator;
9-25                 (2)  a Class A misdemeanor if the operator acts with
9-26     the intent to:
9-27                       (A)  strike the bicyclist or pedestrian with the
 10-1    vehicle operated by the operator; or
 10-2                      (B)  place the bicyclist or pedestrian in fear of
 10-3    being struck by the vehicle operated by the operator; or
 10-4                (3)  a state jail felony if, regardless of the mental
 10-5    state of the operator, the offense results in:
 10-6                      (A)  bodily injury to the bicyclist or
 10-7    pedestrian; or
 10-8                      (B)  damage to property of the bicyclist or
 10-9    pedestrian.
10-10          (d)  To the extent of a conflict between this section and
10-11    another section in this subchapter, this section prevails.
10-12          SECTION 6.  Section 551.103(a), Transportation Code, is
10-13    amended to read as follows:
10-14          (a)  Except as provided by Subsection (b), a person operating
10-15    a bicycle on a roadway who is moving slower than the other traffic
10-16    on the roadway shall ride as near as practicable to the right curb
10-17    or edge of the roadway, unless:
10-18                (1)  the person is passing another vehicle moving in
10-19    the same direction;
10-20                (2)  the person is preparing to turn left at an
10-21    intersection or onto a private road or driveway; [or]
10-22                (3)  a condition on or of the roadway, including a
10-23    fixed or moving object, parked or moving vehicle, pedestrian,
10-24    animal, or surface hazard[, or substandard width lane,] prevents
10-25    the person from safely riding next to the right curb or edge of the
10-26    roadway; or
10-27                (4)  the person is operating a bicycle in an outside
 11-1    lane that is:
 11-2                      (A)  less than 14 feet in width; or
 11-3                      (B)  too narrow for a bicycle and a motor vehicle
 11-4    to safely travel side by side.
 11-5          SECTION 7.  Section 551.103(d), Transportation Code, is
 11-6    repealed.
 11-7          SECTION 8.  (a)  The department shall adopt the rules
 11-8    necessary to implement Section 543.303, Transportation Code, as
 11-9    added by this Act, not later than January 1, 2002.
11-10          (b)  Section 543.301, Transportation Code, as added by this
11-11    Act, applies only to a citation issued for an offense committed on
11-12    or after January 1, 2002. For purposes of this subsection, an
11-13    offense was committed before January 1, 2002, if any element of the
11-14    offense occurred before that date.
11-15          (c)  Article 45.0512, Code of Criminal Procedure, as added by
11-16    this Act, applies only to an offense committed on or after the
11-17    effective date of this Act.  An offense committed before the
11-18    effective date of this Act is covered by the law in effect
11-19    immediately before the effective date of this Act, and the former
11-20    law is continued in effect for that purpose.
11-21          (d)  This Act takes effect September 1, 2001.