Bill Text: TX HB554 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the operation of a motor vehicle passing a pedestrian or a person operating a bicycle; creating a criminal offense.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2021-05-08 - Committee report sent to Calendars [HB554 Detail]
Download: Texas-2021-HB554-Comm_Sub.html
87R24364 SRA-D | |||
By: Lopez, Cain, Rodriguez, et al. | H.B. No. 554 | ||
Substitute the following for H.B. No. 554: | |||
By: Martinez | C.S.H.B. No. 554 |
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relating to the operation of a motor vehicle passing a pedestrian or | ||
a person operating a bicycle; creating a criminal offense. | ||
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) 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 in a manner that | ||
contributed to the offense under this section. | ||
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 [ |
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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) [ |
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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, 2021. |