86R6640 JXC-F
 
  By: Miller H.B. No. 962
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of a motor vehicle passing a pedestrian or
  a person operating a bicycle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 545, Transportation Code,
  is amended by adding Section 545.0571 to read as follows:
         Sec. 545.0571.  MOTOR VEHICLE PASSING PEDESTRIAN OR BICYCLE
  OPERATOR. (a)  An operator of a motor vehicle shall exercise due
  care to avoid colliding with a pedestrian or a person operating a
  bicycle on a highway or street.
         (b)  For the purposes of Section 545.053(a), safe distance
  from a pedestrian or any part of a bicycle is:
               (1)  at least three feet if the operator's vehicle is a
  passenger car or a light truck; or
               (2)  at least six feet if the operator's vehicle is a
  commercial motor vehicle as defined by Section 522.003 or a truck
  other than a light truck.
         (c)  For the purposes of Section 545.057(a), conditions
  permit safely passing a pedestrian or a bicycle to the right only if
  the motor vehicle passes:
               (1)  at least three feet from the pedestrian or any part
  of the bicycle if the operator's vehicle is a passenger car or a
  light truck; or
               (2)  at least six feet from the pedestrian or any part
  of the bicycle if the operator's vehicle is a commercial motor
  vehicle as defined by Section 522.003 or a truck other than a light
  truck.
         (d)  An operator of a motor vehicle passing a pedestrian or a
  person operating a bicycle on a highway or street that has two or
  more marked lanes running in the same direction shall move the motor
  vehicle to a lane other than the lane used by the pedestrian or
  bicycle operator while passing the pedestrian or bicycle operator.
         (e)  A collision of a motor vehicle with a pedestrian or a
  person operating a bicycle is prima facie evidence that the
  operator of the motor vehicle violated this section, Section
  545.053, Section 545.054, or Section 545.057, as applicable.
         (f)  It is an affirmative defense to prosecution under this
  section that at the time of the offense the pedestrian or bicycle
  operator was acting in violation of a traffic law.
         SECTION 2.  Section 545.055, Transportation Code, is amended
  by amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  Except as provided by Subsection (b-1), an [An] operator
  may not drive on the left side of the roadway in a no-passing zone or
  on the left side of any pavement striping designed to mark a
  no-passing zone.
         (b-1)  Subsection (b) [This subsection] does not prohibit a
  driver from:
               (1)  crossing pavement striping, or the center line in
  a no-passing zone marked by signs only, to make a left turn into or
  out of an alley or private road or driveway; or
               (2)  passing a pedestrian or a person operating a
  bicycle in a no-passing zone if the operator of the motor vehicle
  otherwise complies with the requirements of this chapter.
         SECTION 3.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2019.