S.B. No. 1055
 
 
 
 
AN ACT
  relating to motor vehicle accidents involving a vulnerable road
  user within the area of a crosswalk and to requiring the operator of
  a vehicle to yield the right-of-way to a pedestrian; 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.  Sections 544.007(b) and (c), Transportation
  Code, are amended to read as follows:
         (b)  An operator of a vehicle facing a circular green signal
  may proceed straight or turn right or left unless a sign prohibits
  the turn. The operator shall, while the signal is exhibited:
               (1)  yield the right-of-way to other vehicles [and to
  pedestrians] lawfully in the intersection [or an adjacent
  crosswalk] when the signal is exhibited; and
               (2)  stop and yield the right-of-way to pedestrians
  lawfully in the intersection or an adjacent crosswalk.
         (c)  An operator of a vehicle facing a green arrow signal,
  displayed alone or with another signal, may cautiously enter the
  intersection to move in the direction permitted by the arrow or
  other indication shown simultaneously. The operator shall stop and
  yield the right-of-way to a pedestrian lawfully in an adjacent
  crosswalk and shall yield the right-of-way to other traffic
  lawfully using the intersection.
         SECTION 4.  Section 552.002(b), Transportation Code, is
  amended to read as follows:
         (b)  A pedestrian facing a "Walk" signal may proceed across a
  roadway in the direction of the signal, and the operator of a
  vehicle shall stop and yield the right-of-way to the pedestrian.
         SECTION 5.  Sections 552.003(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  The operator of a vehicle shall stop and yield the
  right-of-way to a pedestrian crossing a roadway in a crosswalk if:
               (1)  no traffic control signal is in place or in
  operation; and
               (2)  the pedestrian is:
                     (A)  on the half of the roadway in which the
  vehicle is traveling; or
                     (B)  approaching so closely from the opposite half
  of the roadway as to be in danger.
         (b)  Notwithstanding Subsection (a), a pedestrian may not
  suddenly leave a curb or other place of safety and proceed into a
  crosswalk in the path of a vehicle so close that it is impossible
  for the vehicle operator to stop and yield.
         SECTION 6.  Section 552.006(c), Transportation Code, is
  amended to read as follows:
         (c)  The operator of a vehicle emerging from or entering an
  alley, building, or private road or driveway shall stop and yield
  the right-of-way to a pedestrian approaching on a sidewalk
  extending across the alley, building entrance or exit, road, or
  driveway.
         SECTION 7.  The change in law made by this Act applies 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 was
  committed before that date.
         SECTION 8.  This Act takes effect September 1, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1055 passed the Senate on    
  April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 27, 2021, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1055 passed the House, with
  amendment, on May 14, 2021, by the following vote: Yeas 70,
  Nays 57, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor