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