CHAPTER 552. PEDESTRIANS - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 552. PEDESTRIANS

Sec. 552.001. TRAFFIC CONTROL SIGNALS. (a) A traffic control

signal displaying green, red, and yellow lights or lighted arrows

applies to a pedestrian as provided by this section unless the

pedestrian is otherwise directed by a special pedestrian control

signal.

(b) A pedestrian 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 facing a steady red signal alone or a steady

yellow signal may not enter a roadway.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 552.002. PEDESTRIAN RIGHT-OF-WAY IF CONTROL SIGNAL PRESENT.

(a) A pedestrian control signal displaying "Walk," "Don't

Walk," or "Wait" applies to a pedestrian as provided by this

section.

(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 yield the right-of-way to the pedestrian.

(c) A pedestrian may not start to cross a roadway in the

direction of a "Don't Walk" signal or a "Wait" signal. A

pedestrian 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.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

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, 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, Sec. 2, eff. September 1, 2009.

Sec. 552.004. PEDESTRIAN TO KEEP TO RIGHT. A pedestrian shall

proceed on the right half of a crosswalk if possible.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 552.005. CROSSING AT POINT OTHER THAN CROSSWALK. (a) A

pedestrian shall yield the right-of-way to a vehicle on the

highway if crossing a roadway at a place:

(1) other than in a marked crosswalk or in an unmarked crosswalk

at an intersection; or

(2) where a pedestrian tunnel or overhead pedestrian crossing

has been provided.

(b) Between adjacent intersections at which traffic control

signals are in operation, a pedestrian may cross only in a marked

crosswalk.

(c) A pedestrian may cross a roadway intersection diagonally

only if and in the manner authorized by a traffic control device.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 552.006. USE OF SIDEWALK. (a) A pedestrian may not walk

along and on a roadway if an adjacent sidewalk is provided and is

accessible to the pedestrian.

(b) If a sidewalk is not provided, a pedestrian walking along

and on a highway shall if possible walk on:

(1) the left side of the roadway; or

(2) the shoulder of the highway facing oncoming traffic.

(c) The operator of a vehicle emerging from or entering an

alley, building, or private road or driveway shall yield the

right-of-way to a pedestrian approaching on a sidewalk extending

across the alley, building entrance or exit, road, or driveway.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 497, Sec. 3, eff. June 11,

2001.

Sec. 552.007. SOLICITATION BY PEDESTRIANS. (a) A person may

not stand in a roadway to solicit a ride, contribution,

employment, or business from an occupant of a vehicle, except

that a person may stand in a roadway to solicit a charitable

contribution if authorized to do so by the local authority having

jurisdiction over the roadway.

(b) A person may not stand on or near a highway to solicit the

watching or guarding of a vehicle parked or to be parked on the

highway.

(c) In this section, "charitable contribution" means a

contribution to an organization defined as charitable by the

standards of the United States Internal Revenue Service.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 552.0071. LOCAL AUTHORIZATION FOR SOLICITATION BY

PEDESTRIAN. (a) A local authority shall grant authorization for

a person to stand in a roadway to solicit a charitable

contribution as provided by Section 552.007(a) if the persons to

be engaged in the solicitation are employees or agents of the

local authority and the other requirements of this section are

met.

(b) A person seeking authorization under this section shall file

a written application with the local authority not later than the

11th day before the date the solicitation is to begin. The

application must include:

(1) the date or dates and times when the solicitation is to

occur;

(2) each location at which solicitation is to occur; and

(3) the number of solicitors to be involved in solicitation at

each location.

(c) This section does not prohibit a local authority from

requiring a permit or the payment of reasonable fees to the local

authority.

(d) The applicant shall also furnish to the local authority

advance proof of liability insurance in the amount of at least $1

million to cover damages that may arise from the solicitation.

The insurance must provide coverage against claims against the

applicant and claims against the local authority.

(e) A local authority, by acting under this section or Section

552.007, does not waive or limit any immunity from liability

applicable under law to the local authority. The issuance of an

authorization under this section and the conducting of the

solicitation authorized is a governmental function of the local

authority.

(f) Notwithstanding any provision of this section, the existing

rights of individuals or organizations under Section 552.007 are

not impaired.

(g) For purposes of a solicitation under Subsection (a), a

roadway is defined to include the roadbed, shoulder, median,

curbs, safety zones, sidewalks, and utility easements located

adjacent to or near the roadway.

Added by Acts 2005, 79th Leg., Ch.

12, Sec. 2, eff. May 3, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

333, Sec. 1, eff. June 15, 2007.

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.

Sec. 552.009. ORDINANCES RELATING TO PEDESTRIANS. A local

authority may by ordinance:

(1) require pedestrians to comply strictly with the directions

of an official traffic control signal; and

(2) prohibit pedestrians from crossing a roadway in a business

district or a designated highway except in a crosswalk.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 552.010. BLIND PEDESTRIANS. (a) No person may carry a

white cane on a public street or highway unless the person is

totally or partially blind.

(b) The driver of a vehicle approaching an intersection or

crosswalk where a pedestrian guided by an assistance animal or

carrying a white cane is crossing or attempting to cross shall

take necessary precautions to avoid injuring or endangering the

pedestrian. The driver shall bring the vehicle to a full stop if

injury or danger can be avoided only by that action.

(c) If it is shown on the trial of an offense under this section

that as a result of the commission of the offense a collision

occurred causing serious bodily injury or death to a blind

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.

(c-1) A portion of the community service required under

Subsection (c)(2) shall include sensitivity training.

(d) For the purposes of this section:

(1) "Assistance animal" has the meaning assigned by Section

121.002, Human Resources Code.

(2) "White cane" has the meaning assigned by Section 121.002,

Human Resources Code.

(e) 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 1979, 66th Leg., p. 2428, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 278, Sec. 5,

eff. June 5, 1985; Acts 1997, 75th Leg., ch. 649, Sec. 8, eff.

Sept. 1, 1997.

Renumbered from Human Resources Code, Section 121.007 and amended

by Acts 2009, 81st Leg., R.S., Ch.

1272, Sec. 1, eff. September 1, 2009.