By:  Ellis, Deuell, Staples                                       S.B. No. 859
	(In the Senate - Filed March 1, 2005; March 10, 2005, read 
first time and referred to Committee on Transportation and Homeland 
Security; May 3, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 5, Nays 1; 
May 3, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 859                                    By:  Ellis


A BILL TO BE ENTITLED

AN ACT


relating to a motor vehicle passing a bicyclist; providing 
penalties.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 545, Transportation Code, 
is amended by adding Section 545.0535 to read as follows:
	Sec. 545.0535.  PASSING BICYCLIST ON HIGHWAY OR STREET.  
(a)  An operator of a motor vehicle passing a bicyclist operating 
on a highway or street shall:
		(1)  vacate the lane in which the bicyclist is 
operating when operating on a highway with two or more marked lanes; 
or
		(2)  pass at a safe distance.                                          
	(b)  For the purposes of Subsection (a), the operator is 
presumed to have passed the bicyclist at a distance that was not 
safe if the distance between the operator's vehicle and the bicycle 
was less than:
		(1)  three feet if the operator's vehicle is a vehicle 
other than a vehicle described by Subdivision (2); or
		(2)  six feet if the operator's vehicle is:                            
			(A)  a truck other than a light truck; or                             
			(B)  a commercial motor vehicle, as defined by 
Section 522.003.     
	(c)  A violation of this section is:                                    
		(1)  a misdemeanor punishable under Section 542.401;                   
		(2)  a misdemeanor punishable by a fine of $500 if the 
violation results in property damage; or
		(3)  a Class B misdemeanor if the violation results in 
bodily injury.
	(d)  It is a defense to prosecution under this section that 
at the time of the offense the bicyclist was not in compliance with 
Section 551.103 or 551.104(b)(2).
	(e)  If conduct constituting an offense under this section 
also constitutes an offense under another section of this code or 
the Penal Code, the actor may be prosecuted under either section or 
under both sections.
	SECTION 2.  This Act takes effect September 1, 2005.                           



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