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A BILL TO BE ENTITLED
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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, community or school volunteer, child, skater, |
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highway construction or maintenance worker, tow truck operator, |
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utility worker, law enforcement officer, worker with legitimate |
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business in or near the road or right-of-way, or stranded or |
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detained motorist or passenger; |
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(2) a person on horseback; or |
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(3) a person operating equipment other than a motor |
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vehicle, including a bicycle, moped, motor-driven cycle, or |
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motor-assisted scooter. |
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(b) An operator of a motor vehicle approaching or passing a |
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vulnerable road 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; and |
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(2) if passing, pass the vulnerable road user at a safe |
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distance and a reasonable speed. |
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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 turn at |
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an intersection, including an intersection with an alley or private |
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road or driveway, shall yield the right-of-way to a vulnerable road |
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user who is in the intersection or in such proximity to the |
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intersection 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 turn in front of the vulnerable road user unless the |
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operator is safely clear of the vulnerable road user, taking into |
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account the speed at which the vulnerable road user is traveling and |
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the braking requirements of the vehicle making the 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 a vulnerable road user on a roadway or in an |
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intersection of roadways. |
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(h) A violation of this section is a misdemeanor punishable |
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by a fine of not less than $50 or more than $500. A person accused of |
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violating this section who fails to appear at a hearing or trial on |
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the violation is subject to the maximum applicable penalty for |
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failing to appear. |
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(i) It is an affirmative defense to prosecution under this |
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section that at the time of the offense the vulnerable road user was |
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acting in violation of the law. |
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SECTION 2. This Act takes effect September 1, 2013. |