HB4706 - Relating to the applicability of certain pedestrian laws to certain sidewalk users.

  89R13640 AJZ-F     By: Paul H.B. No. 4706       A BILL TO BE ENTITLED   AN ACT   relating to the applicability of certain pedestrian laws to certain   sidewalk users.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 541.001, Transportation Code, is amended   by adding Subdivision (6) to read as follows:                 (6)     "Sidewalk user" means an individual lawfully   operating one of the following on a sidewalk:                       (A)  a bicycle;                       (B)     a motor-assisted scooter, as defined by   Section 551.351;                       (C)     an electric personal assistive mobility   device, as defined by Section 551.201;                         (D)  a skateboard;                       (E)  roller skates; or                         (F)  a similar device.          SECTION 2.  Sections 544.007(b), (c), and (d),   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 lawfully   in the intersection when the signal is exhibited; and                (2)  stop and yield the right-of-way to pedestrians or   sidewalk users 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 or sidewalk user lawfully in   an adjacent crosswalk and shall yield the right-of-way to other   traffic lawfully using the intersection.          (d)  An operator of a vehicle facing only a steady red signal   shall stop at a clearly marked stop line.  In the absence of a stop   line, the operator shall stop before entering the crosswalk on the   near side of the intersection.  A vehicle that is not turning shall   remain standing until an indication to proceed is shown.  After   stopping, standing until the intersection may be entered safely,   and yielding right-of-way to pedestrians and sidewalk users   lawfully in an adjacent crosswalk and other traffic lawfully using   the intersection, the operator may:                (1)  turn right; or                (2)  turn left, if the intersecting streets are both   one-way streets and a left turn is permissible.          SECTION 3.  Section 545.256, Transportation Code, is amended   to read as follows:          Sec. 545.256.  EMERGING FROM AN ALLEY, DRIVEWAY, OR   BUILDING.  An operator emerging from an alley, driveway, or   building in a business or residence district shall:                (1)  stop the vehicle before moving on a sidewalk or the   sidewalk area extending across an alley or driveway;                (2)  yield the right-of-way to a pedestrian or sidewalk   user to avoid collision; and                (3)  on entering the roadway, yield the right-of-way to   an approaching vehicle.          SECTION 4.  The heading to Chapter 552, Transportation Code,   is amended to read as follows:   CHAPTER 552. PEDESTRIANS AND OTHER SIDEWALK USERS          SECTION 5.  Sections 552.001 and 552.002, Transportation   Code, are amended to read as follows:          Sec. 552.001.  TRAFFIC CONTROL SIGNALS.  (a)  A traffic   control signal displaying green, red, and yellow lights or lighted   arrows applies to a pedestrian and a sidewalk user as provided by   this section unless the pedestrian or sidewalk user is otherwise   directed by a special pedestrian control signal.          (b)  A pedestrian or sidewalk user facing a green signal may   proceed across a roadway within a marked or unmarked crosswalk   unless the sole green signal is a turn arrow.          (c)  A pedestrian or sidewalk user facing a steady red signal   alone or a steady yellow signal may not enter a roadway.          Sec. 552.002.  PEDESTRIAN OR SIDEWALK USER RIGHT-OF-WAY IF   CONTROL SIGNAL PRESENT.  (a)  A pedestrian control signal   displaying "Walk," "Don't Walk," or "Wait" applies to a pedestrian   and a sidewalk user as provided by this section.          (b)  A pedestrian or sidewalk user 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 or sidewalk user .          (c)  A pedestrian or sidewalk user may not start to cross a   roadway in the direction of a "Don't Walk" signal or a "Wait"   signal.  A pedestrian or sidewalk user who has partially crossed   while the "Walk" signal is displayed shall proceed to a sidewalk or   safety island while the "Don't Walk" signal or "Wait" signal is   displayed.          SECTION 6.  Chapter 552, Transportation Code, is amended by   adding Sections 552.0035 and 552.0036 to read as follows:           Sec.   552.0035.     SIDEWALK USER RIGHT-OF-WAY AT   CROSSWALK.     (a)     The operator of a vehicle shall stop and yield the   right-of-way to a sidewalk user crossing a roadway in a crosswalk   if:                 (1)     no traffic control signal is in place or in   operation; and                 (2)  the sidewalk user 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 sidewalk user 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.           (c)     Notwithstanding Subsection (a), a sidewalk user may not   approach or enter a crosswalk at a speed greater than is reasonable   and prudent under the existing conditions and having regard for   actual and potential existing hazards.   For the purposes of this   subsection, a speed greater than eight miles per hour is prima facie   evidence that the speed is not reasonable and prudent.           (d)     The operator of a vehicle approaching from the rear of a   vehicle that is stopped at a crosswalk to permit a sidewalk user to   cross a roadway may not pass the stopped vehicle.           Sec.   552.0036.     SIDEWALK USER RIGHT-OF-WAY AT STOP SIGN.   A   sidewalk user approaching an intersection with a stop sign shall:                 (1)  stop before entering the crosswalk; and                 (2)     after stopping, yield the right-of-way to a   vehicle that:                       (A)  has entered the intersection; or                         (B)     is approaching the intersection so closely as   to be an immediate hazard to the sidewalk user entering or moving   across the crosswalk.            SECTION 7.  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 8.  This Act takes effect September 1, 2025.