Texas Transportation Code Sec. § 552.008 Drivers to Exercise Due Care Notwithstanding another provision of this chapter, the operator of a vehicle shall: (1) exercise due care to avoid colliding with a pedestrian on a roadway; (2) give warning by sounding the horn when necessary; and (3) exercise proper precaution on observing a child or an obviously confused or incapacitated person on a roadway. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.