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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 an |
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unprotected 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. (a) In this section, unprotected road user |
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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 an unprotected |
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road user operating on a highway or street shall: |
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(1) vacate the lane in which the unprotected 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 unprotected 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 an |
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unprotected road user who is in the intersection or in such |
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proximity to the intersection as to be an immediate hazard. |
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(e) An operator of a motor vehicle may not overtake an |
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unprotected road user traveling in the same direction and |
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subsequently make a right-hand turn in front of the unprotected |
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road user unless the operator is safely clear of the unprotected |
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road user, taking into account the speed at which the unprotected |
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road 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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an unprotected road user; or |
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(2) threatens an unprotected 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 unprotected 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 not to exceed $500; |
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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 unprotected 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, 2013. |