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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for failure to yield the right-of-way to a |
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disabled or visually impaired pedestrian. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.003, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) If it is shown on the trial of an offense under |
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Subsection (a) that as a result of the commission of the offense a |
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collision occurred causing serious bodily injury or death to a |
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disabled or visually impaired person, the offense is a misdemeanor |
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punishable by: |
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(1) a fine of not more than $4,000; and |
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(2) not less than 100 hours and not more than 200 hours |
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of community service to an organization or agency that primarily |
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serves disabled or visually impaired persons, to be completed in |
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not less than six months and not more than one year. |
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SECTION 2. Subchapter D, Chapter 542, Transportation Code, |
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is amended by adding Section 542.407 to read as follows: |
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Sec. 542.407. DISPOSITION OF FINES FOR OFFENSE CAUSING |
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INJURY TO CERTAIN PEDESTRIANS. (a) Before depositing money from a |
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fine collected for an offense under Section 552.003(d) with the |
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appropriate treasury, the officer collecting the fine shall keep |
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separate records of the money collected. Each calendar quarter, |
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the officer collecting a fine for an offense under Section |
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552.003(d) shall submit a report to the comptroller. The report |
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must comply with Articles 103.005(c) and (d), Code of Criminal |
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Procedure. |
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(b) The custodian of money in a treasury to which money |
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described by Subsection (a) is deposited shall: |
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(1) keep records of the amount of money collected |
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under Subsection (a) that is on deposit in the treasury; and |
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(2) until notified otherwise by the comptroller as |
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provided by Subsection (d), not later than the last day of the month |
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following each calendar quarter, remit to the comptroller an amount |
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equal to 10 percent of the money described by Subsection (a) that |
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was deposited in the treasury during the previous calendar quarter, |
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as required by the comptroller. |
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(c) The comptroller shall deposit money received under |
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Subsection (b) to the credit of a special account in the general |
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revenue fund to be known as the visually impaired safety services |
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account. Money in the account may be appropriated only to the |
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Department of Assistive and Rehabilitative Services to provide the |
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following to visually impaired persons: |
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(1) adjustment to blindness counseling and guidance; |
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(2) coordination of eye medical treatment; |
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(3) service to maximize residual vision; |
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(4) independent living skills training; |
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(5) assistance in accessing community resources; and |
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(6) training and self-management education for |
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secondary disabilities. |
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(d) In any state fiscal year, once the amount deposited in |
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the special account under Subsection (c) during the fiscal year |
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exceeds $500,000, the comptroller shall notify any custodian making |
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a remittance under Subsection (b) that further remittances for the |
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fiscal year are not required. The comptroller shall refund any |
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remittance received after the account exceeds that amount. |
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SECTION 3. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |