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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. (a) |
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An operator of a motor vehicle passing a bicyclist operating on a |
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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). |
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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. This Act takes effect September 1, 2009. |