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A BILL TO BE ENTITLED
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AN ACT
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relating to motor vehicle accidents involving a pedestrian or other |
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vulnerable road user within the area of a crosswalk; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Lisa Torry Smith |
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Act. |
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SECTION 2. 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. MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN |
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OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE. |
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(a) In this section: |
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(1) "Electric personal assistive mobility device" has |
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the meaning assigned by Section 551.201. |
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(2) "Golf cart" has the meaning assigned by Section |
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551.401. |
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(3) "Motor-assisted scooter" has the meaning assigned |
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by Section 551.351. |
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(4) "Neighborhood electric vehicle" has the meaning |
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assigned by Section 551.301. |
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(b) A person commits an offense if the person with criminal |
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negligence: |
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(1) operates a motor vehicle within the area of a |
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crosswalk; and |
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(2) causes bodily injury to a pedestrian or a person |
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operating a bicycle, motor-assisted scooter, electronic personal |
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assistive mobility device, neighborhood electric vehicle, or golf |
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cart. |
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(c) An offense under this section is a Class A misdemeanor, |
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except that the offense is a state jail felony if the person |
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described by Subsection (b)(2) suffered serious bodily injury. |
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(d) It is an affirmative defense to prosecution under this |
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section that, at the time of the offense, the person described by |
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Subsection (b)(2) was violating a provision of this subtitle |
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relating to walking, movement, or operation in a crosswalk or on a |
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roadway. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 3. This Act takes effect September 1, 2021. |