Sec.
§
552.003
Pedestrian Right-of-way at Crosswalk
(a)
The operator of a vehicle shall 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 yield.
(c)
The operator of a vehicle approaching from the rear of a vehicle that is stopped at a crosswalk to permit a pedestrian to cross a roadway may not pass the stopped vehicle.
(d)
If it is shown on the trial of an offense under Subsection (a) that as a result of the commission of the offense a collision occurred causing serious bodily injury or death to a visually impaired or disabled person, the offense is a misdemeanor punishable by:
(1)
a fine of not more than $500; and
(2)
30 hours of community service to an organization or agency that primarily serves visually impaired or disabled persons, to be completed in not less than six months and not more than one year.
(d-1)
A portion of the community service required under Subsection (d)(2) shall include sensitivity training.
(e)
For the purposes of this section:
(1)
“Visually impaired” has the meaning assigned by Section 91.002 (Definitions), Human Resources Code.
(2)
“Disabled” means a person who cannot walk without the use or assistance of:
(A)
a device, including a brace, cane, crutch, prosthesis, or wheelchair; or
(B)
another person.
(f)
If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or both sections.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by:Acts 2009, 81st Leg., R.S., Ch. 1272 (H.B. 1343), Sec. 2, eff. September 1, 2009.