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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of certain pedestrian laws to certain |
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sidewalk users. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 541.001, Transportation Code, is amended |
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by adding Subdivision (6) to read as follows: |
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(6) "Sidewalk user" means an individual lawfully |
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operating one of the following on a sidewalk: |
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(A) a bicycle; |
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(B) a motor-assisted scooter, as defined by |
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Section 551.351; |
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(C) an electric personal assistive mobility |
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device, as defined by Section 551.201; |
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(D) a skateboard; |
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(E) roller skates; or |
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(F) a similar device. |
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SECTION 2. Sections 544.007(b), (c), and (d), |
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Transportation Code, are amended to read as follows: |
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(b) An operator of a vehicle facing a circular green signal |
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may proceed straight or turn right or left unless a sign prohibits |
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the turn. The operator shall, while the signal is exhibited: |
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(1) yield the right-of-way to other vehicles lawfully |
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in the intersection when the signal is exhibited; and |
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(2) stop and yield the right-of-way to pedestrians or |
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sidewalk users lawfully in the intersection or an adjacent |
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crosswalk. |
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(c) An operator of a vehicle facing a green arrow signal, |
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displayed alone or with another signal, may cautiously enter the |
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intersection to move in the direction permitted by the arrow or |
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other indication shown simultaneously. The operator shall stop and |
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yield the right-of-way to a pedestrian or sidewalk user lawfully in |
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an adjacent crosswalk and shall yield the right-of-way to other |
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traffic lawfully using the intersection. |
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(d) An operator of a vehicle facing only a steady red signal |
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shall stop at a clearly marked stop line. In the absence of a stop |
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line, the operator shall stop before entering the crosswalk on the |
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near side of the intersection. A vehicle that is not turning shall |
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remain standing until an indication to proceed is shown. After |
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stopping, standing until the intersection may be entered safely, |
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and yielding right-of-way to pedestrians and sidewalk users |
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lawfully in an adjacent crosswalk and other traffic lawfully using |
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the intersection, the operator may: |
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(1) turn right; or |
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(2) turn left, if the intersecting streets are both |
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one-way streets and a left turn is permissible. |
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SECTION 3. Section 545.256, Transportation Code, is amended |
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to read as follows: |
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Sec. 545.256. EMERGING FROM AN ALLEY, DRIVEWAY, OR |
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BUILDING. An operator emerging from an alley, driveway, or |
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building in a business or residence district shall: |
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(1) stop the vehicle before moving on a sidewalk or the |
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sidewalk area extending across an alley or driveway; |
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(2) yield the right-of-way to a pedestrian or sidewalk |
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user to avoid collision; and |
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(3) on entering the roadway, yield the right-of-way to |
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an approaching vehicle. |
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SECTION 4. The heading to Chapter 552, Transportation Code, |
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is amended to read as follows: |
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CHAPTER 552. PEDESTRIANS AND OTHER SIDEWALK USERS |
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SECTION 5. Sections 552.001 and 552.002, Transportation |
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Code, are amended to read as follows: |
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Sec. 552.001. TRAFFIC CONTROL SIGNALS. (a) A traffic |
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control signal displaying green, red, and yellow lights or lighted |
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arrows applies to a pedestrian and a sidewalk user as provided by |
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this section unless the pedestrian or sidewalk user is otherwise |
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directed by a special pedestrian control signal. |
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(b) A pedestrian or sidewalk user facing a green signal may |
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proceed across a roadway within a marked or unmarked crosswalk |
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unless the sole green signal is a turn arrow. |
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(c) A pedestrian or sidewalk user facing a steady red signal |
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alone or a steady yellow signal may not enter a roadway. |
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Sec. 552.002. PEDESTRIAN OR SIDEWALK USER RIGHT-OF-WAY IF |
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CONTROL SIGNAL PRESENT. (a) A pedestrian control signal |
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displaying "Walk," "Don't Walk," or "Wait" applies to a pedestrian |
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and a sidewalk user as provided by this section. |
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(b) A pedestrian or sidewalk user facing a "Walk" signal may |
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proceed across a roadway in the direction of the signal, and the |
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operator of a vehicle shall stop and yield the right-of-way to the |
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pedestrian or sidewalk user. |
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(c) A pedestrian or sidewalk user may not start to cross a |
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roadway in the direction of a "Don't Walk" signal or a "Wait" |
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signal. A pedestrian or sidewalk user who has partially crossed |
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while the "Walk" signal is displayed shall proceed to a sidewalk or |
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safety island while the "Don't Walk" signal or "Wait" signal is |
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displayed. |
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SECTION 6. Chapter 552, Transportation Code, is amended by |
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adding Sections 552.0035 and 552.0036 to read as follows: |
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Sec. 552.0035. SIDEWALK USER RIGHT-OF-WAY AT |
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CROSSWALK. (a) The operator of a vehicle shall stop and yield the |
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right-of-way to a sidewalk user crossing a roadway in a crosswalk |
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if: |
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(1) no traffic control signal is in place or in |
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operation; and |
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(2) the sidewalk user is: |
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(A) on the half of the roadway in which the |
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vehicle is traveling; or |
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(B) approaching so closely from the opposite half |
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of the roadway as to be in danger. |
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(b) Notwithstanding Subsection (a), a sidewalk user may not |
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suddenly leave a curb or other place of safety and proceed into a |
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crosswalk in the path of a vehicle so close that it is impossible |
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for the vehicle operator to stop and yield. |
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(c) Notwithstanding Subsection (a), a sidewalk user may not |
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approach or enter a crosswalk at a speed greater than is reasonable |
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and prudent under the existing conditions and having regard for |
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actual and potential existing hazards. For the purposes of this |
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subsection, a speed greater than eight miles per hour is prima facie |
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evidence that the speed is not reasonable and prudent. |
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(d) The operator of a vehicle approaching from the rear of a |
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vehicle that is stopped at a crosswalk to permit a sidewalk user to |
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cross a roadway may not pass the stopped vehicle. |
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Sec. 552.0036. SIDEWALK USER RIGHT-OF-WAY AT STOP SIGN. A |
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sidewalk user approaching an intersection with a stop sign shall: |
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(1) stop before entering the crosswalk; and |
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(2) after stopping, yield the right-of-way to a |
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vehicle that: |
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(A) has entered the intersection; or |
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(B) is approaching the intersection so closely as |
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to be an immediate hazard to the sidewalk user entering or moving |
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across the crosswalk. |
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SECTION 7. 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 8. This Act takes effect September 1, 2025. |