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AN ACT
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relating to blind and disabled pedestrians and failure of the |
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operator of a motor vehicle to yield the right-of-way. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 121.007, Human Resources Code, is |
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transferred to Chapter 552, Transportation Code, renumbered as |
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Section 552.010, and amended to read as follows: |
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Sec. 552.010 [121.007]. BLIND [AND DISABLED] PEDESTRIANS. |
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(a) No person may carry a white cane on a public street or highway |
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unless the person is totally or partially blind. |
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(b) The driver of a vehicle approaching an intersection or |
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crosswalk where a pedestrian guided by an assistance animal or |
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carrying a white cane is crossing or attempting to cross shall take |
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necessary precautions to avoid injuring or endangering the |
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pedestrian. The driver shall bring the vehicle to a full stop if |
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injury or danger can be avoided only by that action. |
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(c) If it is shown on the trial of an offense under this |
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section 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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blind person, the offense is a misdemeanor punishable by: |
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(1) a fine of not more than $500; and |
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(2) 30 hours of community service to an organization |
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or agency that primarily serves visually impaired or disabled |
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persons, to be completed in not less than six months and not more |
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than one year. |
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(c-1) A portion of the community service required under |
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Subsection (c)(2) shall include sensitivity training. [The failure
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of a totally or partially blind or otherwise disabled person to
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carry a white cane or be guided or aided by an assistance animal
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does not deprive the person of the rights and privileges conferred
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by law on pedestrians crossing streets or highways and does not
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constitute evidence of contributory negligence.] |
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(d) For the purposes of this section: |
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(1) "Assistance animal" has the meaning assigned by |
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Section 121.002, Human Resources Code. |
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(2) "White cane" has the meaning assigned by Section |
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121.002, Human Resources Code [A person who violates this section
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commits a Class C misdemeanor]. |
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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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both sections. |
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SECTION 2. Section 552.003, Transportation Code, is amended |
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by adding Subsections (d), (d-1), (e), and (f) 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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visually impaired or disabled person, the offense is a misdemeanor |
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punishable by: |
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(1) a fine of not more than $500; and |
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(2) 30 hours of community service to an organization |
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or agency that primarily serves visually impaired or disabled |
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persons, to be completed in not less than six months and not more |
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than one year. |
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(d-1) A portion of the community service required under |
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Subsection (d)(2) shall include sensitivity training. |
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(e) For the purposes of this section: |
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(1) "Visually impaired" has the meaning assigned by |
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Section 91.002, Human Resources Code. |
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(2) "Disabled" means a person who cannot walk without |
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the use or assistance of: |
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(A) a device, including a brace, cane, crutch, |
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prosthesis, or wheelchair; or |
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(B) another person. |
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(f) 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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both sections. |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1343 was passed by the House on May |
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15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1343 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1343 on May 31, 2009, by the following vote: Yeas 145, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1343 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 30, Nays |
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1; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1343 on May 31, 2009, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |