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

89(R) SB 2039 - Enrolled version - Bill Text

S.B. No. 2039

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.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 2039 passed the Senate on

April 10, 2025, by the following vote: Yeas 29, Nays 1.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2039 passed the House on

May 15, 2025, by the following vote: Yeas 121, Nays 20, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor