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AN ACT
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relating to the operation of a motor vehicle in the vicinity of a |
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vulnerable road user; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 545, Transportation Code, |
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is amended by adding Section 545.428 to read as follows: |
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Sec. 545.428. VULNERABLE ROAD USERS. (a) In this section, |
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"vulnerable road user" means: |
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(1) a pedestrian, including a runner, physically |
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disabled person, child, skater, highway construction and |
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maintenance worker, tow truck operator, utility worker, other |
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worker with legitimate business in or near the road or |
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right-of-way, or stranded motorist or passenger; |
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(2) a person on horseback; |
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(3) a person operating equipment other than a motor |
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vehicle, including a bicycle, handcycle, horse-driven conveyance, |
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or unprotected farm equipment; or |
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(4) a person operating a motorcycle, moped, |
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motor-driven cycle, or motor-assisted scooter. |
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(b) An operator of a motor vehicle passing a vulnerable road |
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user operating on a highway or street shall: |
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(1) vacate the lane in which the vulnerable road user |
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is located if the highway has two or more marked lanes running in |
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the same direction; or |
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(2) pass the vulnerable road user at a safe distance. |
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(c) For the purposes of Subsection (b)(2), when road |
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conditions allow, safe distance is at least: |
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(1) three feet if the operator's vehicle is a passenger |
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car or light truck; or |
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(2) six feet if the operator's vehicle is a truck other |
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than a light truck or a commercial motor vehicle as defined by |
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Section 522.003. |
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(d) An operator of a motor vehicle that is making a left turn |
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at an intersection, including an intersection with an alley or |
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private road or driveway, shall yield the right-of-way to a |
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vulnerable road user who is approaching from the opposite direction |
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and is in the intersection or in such proximity to the intersection |
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as to be an immediate hazard. |
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(e) An operator of a motor vehicle may not overtake a |
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vulnerable road user traveling in the same direction and |
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subsequently make a right-hand turn in front of the vulnerable road |
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user unless the operator is safely clear of the vulnerable road |
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user, taking into account the speed at which the vulnerable road |
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user is traveling and the braking requirements of the vehicle |
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making the right-hand turn. |
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(f) An operator of a motor vehicle may not maneuver the |
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vehicle in a manner that: |
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(1) is intended to cause intimidation or harassment to |
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a vulnerable road user; or |
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(2) threatens a vulnerable road user. |
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(g) An operator of a motor vehicle shall exercise due care |
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to avoid colliding with any vulnerable road user on a roadway or in |
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an intersection of roadways. |
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(h) A violation of this section is punishable under Section |
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542.401 except that: |
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(1) if the violation results in property damage, the |
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violation is a misdemeanor punishable by a fine of not to exceed |
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$500; or |
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(2) if the violation results in bodily injury, the |
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violation is a Class B misdemeanor. |
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(i) It is a defense to prosecution under this section that |
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at the time of the offense the vulnerable road user was acting in |
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violation of the law. |
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(j) 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. 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 hereby certify that S.B. No. 488 passed the Senate on |
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April 21, 2009, by the following vote: Yeas 25, Nays 5; |
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May 23, 2009, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 29, 2009, House |
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granted request of the Senate; May 31, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 26, |
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Nays 5. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 488 passed the House, with |
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amendments, on May 19, 2009, by the following vote: Yeas 140, |
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Nays 5, one present not voting; May 29, 2009, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 30, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 142, Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |