Bill Text: TX HB2081 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to motor vehicle accidents involving a pedestrian or other vulnerable road user within the area of a crosswalk; creating a criminal offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-04-13 - Reported favorably w/o amendment(s) [HB2081 Detail]

Download: Texas-2021-HB2081-Introduced.html
  87R7294 JRR-D
 
  By: Reynolds H.B. No. 2081
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to motor vehicle accidents involving a pedestrian or other
  vulnerable road user within the area of a crosswalk; creating a
  criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Lisa Torry Smith
  Act.
         SECTION 2.  Subchapter I, Chapter 545, Transportation Code,
  is amended by adding Section 545.428 to read as follows:
         Sec. 545.428.  MOTOR VEHICLE ACCIDENT INVOLVING PEDESTRIAN
  OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK; OFFENSE.
  (a) In this section:
               (1)  "Electric personal assistive mobility device" has
  the meaning assigned by Section 551.201.
               (2)  "Golf cart" has the meaning assigned by Section
  551.401.
               (3)  "Motor-assisted scooter" has the meaning assigned
  by Section 551.351.
               (4)  "Neighborhood electric vehicle" has the meaning
  assigned by Section 551.301.
         (b)  A person commits an offense if the person with criminal
  negligence:
               (1)  operates a motor vehicle within the area of a
  crosswalk; and
               (2)  causes bodily injury to a pedestrian or a person
  operating a bicycle, motor-assisted scooter, electronic personal
  assistive mobility device, neighborhood electric vehicle, or golf
  cart.
         (c)  An offense under this section is a Class A misdemeanor,
  except that the offense is a state jail felony if the person
  described by Subsection (b)(2) suffered serious bodily injury.
         (d)  It is an affirmative defense to prosecution under this
  section that, at the time of the offense, the person described by
  Subsection (b)(2) was violating a provision of this subtitle
  relating to walking, movement, or operation in a crosswalk or on a
  roadway.
         (e)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 3.  This Act takes effect September 1, 2021.
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