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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 passing a pedestrian or |
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a person operating a bicycle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 545, Transportation Code, |
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is amended by adding Section 545.0571 to read as follows: |
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Sec. 545.0571. MOTOR VEHICLE PASSING PEDESTRIAN OR BICYCLE |
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OPERATOR. (a) An operator of a motor vehicle shall exercise due |
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care to avoid colliding with a pedestrian or a person operating a |
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bicycle on a highway or street. |
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(b) For the purposes of Section 545.053(a), safe distance |
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from a pedestrian or any part of a bicycle is: |
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(1) at least three feet if the operator's vehicle is a |
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passenger car or a light truck; or |
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(2) at least six feet if the operator's vehicle is a |
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commercial motor vehicle as defined by Section 522.003 or a truck |
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other than a light truck. |
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(c) For the purposes of Section 545.057(a), conditions |
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permit safely passing a pedestrian or a bicycle to the right only if |
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the motor vehicle passes: |
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(1) at least three feet from the pedestrian or any part |
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of the bicycle if the operator's vehicle is a passenger car or a |
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light truck; or |
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(2) at least six feet from the pedestrian or any part |
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of the bicycle if the operator's vehicle is a commercial motor |
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vehicle as defined by Section 522.003 or a truck other than a light |
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truck. |
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(d) An operator of a motor vehicle passing a pedestrian or a |
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person operating a bicycle on a highway or street that has two or |
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more marked lanes running in the same direction shall move the motor |
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vehicle to a lane other than the lane used by the pedestrian or |
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bicycle operator while passing the pedestrian or bicycle operator. |
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(e) A collision of a motor vehicle with a pedestrian or a |
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person operating a bicycle is prima facie evidence that the |
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operator of the motor vehicle violated this section, Section |
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545.053, Section 545.054, or Section 545.057, as applicable. |
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(f) It is an affirmative defense to prosecution under this |
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section that at the time of the offense the pedestrian or bicycle |
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operator was acting in violation of a traffic law. |
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SECTION 2. Section 545.055, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1), an [An] operator |
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may not drive on the left side of the roadway in a no-passing zone or |
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on the left side of any pavement striping designed to mark a |
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no-passing zone. |
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(b-1) Subsection (b) [This subsection] does not prohibit a |
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driver from: |
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(1) crossing pavement striping, or the center line in |
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a no-passing zone marked by signs only, to make a left turn into or |
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out of an alley or private road or driveway; or |
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(2) passing a pedestrian or a person operating a |
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bicycle in a no-passing zone if the operator of the motor vehicle |
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otherwise complies with the requirements of this chapter. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2019. |