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.