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A BILL TO BE ENTITLED
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AN ACT
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relating to a motor vehicle passing a bicyclist; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 545, Transportation Code, |
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is amended by adding Section 545.0535 to read as follows: |
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Sec. 545.0535. PASSING BICYCLIST ON HIGHWAY OR STREET. |
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(a) An operator of a motor vehicle passing a bicyclist operating |
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on a highway or street shall: |
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(1) vacate the lane in which the bicyclist is |
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operating when operating on a highway with two or more marked lanes; |
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or |
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(2) pass at a safe distance. |
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(b) For the purposes of Subsection (a), the operator is |
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presumed to have passed the bicyclist at a distance that was not |
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safe if the distance between the operator's vehicle and the bicycle |
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was less than: |
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(1) three feet if the operator's vehicle is a vehicle |
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other than a vehicle described by Subdivision (2); or |
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(2) six feet if the operator's vehicle is: |
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(A) a truck other than a light truck; or |
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(B) a commercial motor vehicle, as defined by |
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Section 522.003. |
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(c) A violation of this section is: |
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(1) a misdemeanor punishable under Section 542.401; |
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(2) a misdemeanor punishable by a fine of $500 if the |
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violation results in property damage; or |
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(3) a Class B misdemeanor if the violation results in |
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bodily injury. |
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(d) It is a defense to prosecution under this section that |
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at the time of the offense the bicyclist was not in compliance with |
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Section 551.103 or 551.104(b)(2) or was operating on a public road |
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that does not have a paved shoulder. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or |
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the Penal Code, the actor may be prosecuted under either section or |
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under both sections. |
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SECTION 2. Section 551.104, Transportation Code, is amended |
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to read as follows: |
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Sec. 551.104. SAFETY EQUIPMENT. (a) A person may not |
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operate a bicycle unless the bicycle is equipped with a brake |
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capable of making a braked wheel skid on dry, level, clean pavement. |
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(b) A person may not operate a bicycle at nighttime unless |
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the bicycle is equipped with: |
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(1) a lamp on the front of the bicycle that emits a |
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white light visible from a distance of at least 500 feet in front of |
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the bicycle; and |
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(2) [on the rear of the bicycle:
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[(A) a red reflector that is:
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[(i)
of a type approved by the department;
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and
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[(ii)
visible when directly in front of
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lawful upper beams of motor vehicle headlamps from all distances
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from 50 to 300 feet to the rear of the bicycle; or
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[(B)] a lamp on the rear of the bicycle that emits |
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a red light visible from a distance of 500 feet to the rear of the |
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bicycle. |
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SECTION 3. This Act takes effect September 1, 2007. |