The Walking Dead: Pedestrians, Vehicles, and Impairment March 29, 2017 MTSI Conference

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1 The Walking Dead: Pedestrians, Vehicles, and Impairment March 29, 2017 MTSI Conference While impaired driving is undoubtedly a grave public safety concern, studies have shown that impaired walking can also lead to tragedy. According to the National Highway Traffic Safety Administration, about 35% of pedestrians killed on our nation s roadways had a blood alcohol content that was over the legal limit to drive. This course explores the intersection of the public intoxication laws in Section of the Texas Penal Code with the pedestrian traffic laws in Section 552 of the Texas Transportation Code.

2 Drunk walking leads to pedestrian fatalities of 1 3/16/2017 2:35 PM Joan Lowy, The Associated Press 8:35 p.m. ET Aug. 5, 2013 A new study released Monday by the National Highway Traffic Safety Administration says that walking while intoxicated is a major cause of pedestrian death. WASHINGTON (AP) Just as drinking and driving can be deadly, so can drinking and walking. Over a third of U.S. pedestrians killed in 2011 had blood alcohol levels above the legal limit for driving, according to government data released Monday. (Photo: Susan Walsh/AP Photo) Thirty-five percent of those killed, or 1,547 pedestrians, had blood alcohol content levels of.08 or higher, the legal limit for driving, according to data reported to the National Highway Traffic Safety Administration by state highway departments. Among the 625 pedestrians aged 25- to 34-years-old who were killed, half were alcohol impaired. Just under half the pedestrians killed who were in their early 20s and their mid-30s to mid-50s were also impaired. Only among pedestrians age 55 or older or younger than age 20 was the share of those killed a third or less. By comparison, 13 percent of drivers involved in crashes in which pedestrians were killed were over the.08 limit. Overall, about a third of traffic fatalities in percent, or 9,878 deaths were attributable to crashes involving a driver with a BAC of.08 or higher. Transportation Secretary Anthony Foxx released the data as he kicked off a new effort to reduce pedestrian deaths. There were 4,432 pedestrian fatalities in 2011, the latest year for which data is available. That was up 3 percent from the previous year. Jonathan Adkins, a spokesman for the Governors Highway Safety Association, which represents state highway safety offices, said anti-drunk driving campaigns may be encouraging more people to walk home after a night of drinking. Alcohol can impair pedestrians' judgment and lead them to make bad decisions, like crossing a road in the wrong place, crossing is against the light, or "trying to beat a bus that's coming," he said. There is no data on an increase in alcohol-impaired bicycle fatalities, but there has been discussion at safety conferences around the country about what appears to be the beginning of a trend, Adkins said. Safety advocates have been warning for several years that they're also seeing more cases of distracted walking. Several studies show that people who are talking on their cellphones while walking make more mistakes. Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Read or Share this story:

3 Drunken pedestrians: Walking while drunk is one of the top causes for p of 2 3/16/2017 2:39 PM Home Collections Drinking Drunken pedestrians: Walking under the influence is a top cause of accidents November 25, 2011 By Angel Streeter, Sun Sentinel Recommend 8 Tweet S S The 24-year-old West Palm Beach man was lying in the outside lane of Military Trail when a car ran over him. The pedestrian had a blood alcohol level of.276, more than three times the.08 legal drinkingand-driving intoxication limit. Months later, 54-year-old Jose Gonzales darted into traffic as a driver slammed on his brakes to avoid him. But it was too late. As a Palm Beach County Sheriff's Office deputy rendered aid, he could smell alcohol on the homeless man's breath. The dangers of drunken driving are well known. But just as dangerous is walking drunk. Related Articles Farrall Case Goes To Jurors Today November 21, 2002 Military Trail Toll Increases Road`s Fatal Crashes Second... January 5, 1992 Farrall: `I Wasn't Impaired' November 20, 2002 Drunks Taking Deadly Toll June 28, 1995 Bars Face Scrutiny After Crash February 16, 1996 Statewide, some 32 percent of pedestrian deaths in 2010 involved a pedestrian who had been drinking. In serious injuries, nearly 13 percent of pedestrians had been drinking. In Broward County, 7 percent of pedestrian crashes last year involved pedestrians who had been drinking. In Palm Beach County and Florida, it was 9 percent. "As a cyclist and walker, you're still transporting yourself," said Bret Baronak, the Palm Beach Metropolitan Planning Organization's bicycle and pedestrian coordinator. "You're still traveling through traffic [clouded] judgment is a bad thing. It can lead to tragedy." In fact, a 2008 National Highway Traffic Safety Administration study found that a pedestrian is four times more likely to be killed if he had been drinking than if no alcohol were involved. Most of these alcohol-involved pedestrian crashes occur at night in the early morning hours. Darkness is a factor in many pedestrian crashes, but alcohol brings an added risk to pedestrians walking at night. "It's hard to judge the speed of a vehicle coming toward you at night," said Mark Horowitz, the Broward Metropolitan Planning Organization's bicycle and pedestrian coordinator. "Add alcohol impairment on top of that, it makes it more difficult to judge how fast a car is traveling and how close they are. Find More Stories About Drinking Mark Horowitz "By the time they've made their decision, it's too late," Horowitz said. "A second or two can make a difference." Pedestrian crashes are often scattered throughout the area, but tend to occur in dense, urban areas where people get around by walking. But some popular night spots can produce a cluster of pedestrian crashes. Horowitz remembers when Fort Lauderdale erected a fence in the median on U.S. 1 near Pure Platinum after a spate of pedestrian crashes. An ATM was across the street from the club. In Palm Beach County, a cluster of crashes has occurred near Frenchie's Bar in Lake Worth. John-Mark Palacios, the Florida Department of Transportation's bicycle and pedestrian coordinator for Broward and Palm Beach counties, points out it's already a harsh environment for pedestrians in South Florida. Florida leads the nation in pedestrian death rates. A recent report by Transportation for America ranked South Florida as the fourth-most dangerous metro area for pedestrians in the country. Adding alcohol to the equation exacerbates the problem. In a 2008 analysis of pedestrian crashes in South Florida, FDOT found that 39 percent of pedestrian deaths were related to alcohol and drugs. "If you're stone drunk, it's probably not a good idea to go walking around," Palacios said. Still, he cautions that drunken pedestrians aren't the only victims. Accidentally killing a pedestrian can

4 Railway Co. Not Liable For Hitting Drunk Pedestrians - Law360 of 4 3/16/2017 2:31 PM Advanced Search Take a Free Trial Sign In Sign In Take a Free Trial Sign In Advanced Search Close Law360 In-Depth Law360 UK Adv. Search & Platform Tools Browse all sections Banking Bankruptcy Class Action Competition Employment Energy Insurance Intellectual Property Product Liability Securities Rankings Law360's MVPs Glass Ceiling Report Global 20 Law Diversity Snapshot Practice Group Partner Rankings Practice Groups of the Year Pro Bono Firms of the Year Rising Stars Trial Aces Site Menu Join the Law360 team Search legal jobs Learn more about Law360 Read testimonials Contact Law360 Sign up for our newsletters Site Map Help By Linda Chiem Law360, New York (February 22, 2016, 6:37 PM EST) -- A Texas federal judge ruled Friday that Kansas City Southern Railway Co. cannot be held liable after one of its trains struck two intoxicated pedestrians who trespassed on the company s tracks in 2011, saying the train s engineers did everything they could to warn of the oncoming train.

5 Railway Co. Not Liable For Hitting Drunk Pedestrians - Law360 of 4 3/16/2017 2:31 PM U.S. District Judge Alfred H. Bennett granted Kansas City Southern summary judgment in a negligence suit launched by family members of Nancy Barnes and Willie Gonzales, who were struck in October 2011 by a Kansas City Southern train while they were crossing the railroad tracks at night in El Campo, Texas. Barnes, whose medical records showed that she tested positive for cocaine and that her blood alcohol level was.067 on the night of the accident, died four days after the accident. Gonzales, whose medical records showed that his blood alcohol level was.267 that night, died a few years later from causes unrelated to the train accident, according to court documents. Judge Bennett found that the train s engineers were operating at 22 miles per hour, below the 25 miles-per-hour speed limit, they kept a proper lookout and even blew the train s horn despite traveling through a designated quiet zone to warn Barnes and Gonzales, both of whom were aware of the oncoming train but didn t move away from the tracks in time, according to the order. KCSR and its engineers conducted [and] engaged in reasonable behavior and no reasonable jury could find otherwise, Judge Bennett said. Judge Bennett sided with Kansas City Southern in determining that there was no evidence raising a genuine issue of material fact of any negligent conduct on the part of the railroad with respect to the crew s handling of the train involved in the accident. The judge shot down the plaintiffs argument that Barnes and Gonzales should be treated as licensees of the railroad, and not trespassers, because the path they used to cross the railway was frequently used by people commuting around town and as such, they should ve been warned ahead of time of a dangerous condition on the tracks. But ignorance cannot be claimed for obvious danger such as a railroad crossing, the judge said. Railroad tracks, like roadways, present an inherent danger, Judge Bennett said. It is not KCSR s duty to be the public s keeper and warn of all dangers regardless of how obvious. So while there is the additional duty of warning of unknown, unsafe conditions for a licensee, in the present case, the distinction is not applicable. The judge also rejected the plaintiffs argument that Kansas City Southern should have put up a fence around the railroad tracks to protect the public, saying there are thousands of miles of railroad tracks across the country and it cannot be said that the railroad has a duty to put fences or other barriers around its entire network of tracks to prevent pedestrians from crossing over them. It is telling that plaintiffs can point to no case law and no statute that places this affirmative duty of fencing or enclosing railroad tracks on the railroad companies as plaintiffs would like to see here, the judge said. Accordingly, this court holds as a matter of law that KCSR did not behave in a willfully wanton or grossly negligent manner, nor was a dangerous condition in existence that the decedents needed to be warned about. The judge also shot down the plaintiffs argument that the engineers should ve engaged the train s emergency brake sooner they had waited to pull the brake because Barnes and Gonzales both looked like they were awake and fully functioning saying the engineers did not breach their duty of care and did everything they could to warn of the oncoming train. The engineers could not have predicted the irrational behavior exhibited by the decedents, the judge said. Further, it would be unreasonable for engineers to be forced to throw a 10,000-ton train into an emergency stop every time they saw someone on the tracks, especially when the individuals appear to be awake and have every opportunity to move from the tracks. Counsel or representatives for the parties were not immediately available for comment on Monday. The plaintiffs are represented by Jonathan H. Cox and Lindsey Vignaud Marshall of Cox Pradia Law Firm PLLC. Kansas City Southern is represented by J. Mitchell Smith of Germer Gertz LLP. The case is Eloise Barnes et al v. The Kansas City Southern Railway Company, case number 4:14-cv-00068, in the U.S. District Court for the Southern District of Texas. --Editing by Patricia K. Cole. View comments Law360: Get Ahead of the Curve from Law360 Add to Briefcase

6 Texas State student found dead was dragged by shuttle bus KXAN.com 1 of 3 3/16/2017 2:17 PM

7 Texas State student found dead was dragged by shuttle bus KXAN.com 2 of 3 3/16/2017 2:17 PM

8 PENAL CODE CHAPTER 49. INTOXICATION AND ALCOHOLIC of 6 3/16/2017 2:47 PM PENAL CODE TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES Sec DEFINITIONS. In this chapter: (1) "Alcohol concentration" means the number of grams of alcohol per: (A) 210 liters of breath; (B) 100 milliliters of blood; or (C) 67 milliliters of urine. (2) "Intoxicated" means: (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (B) having an alcohol concentration of 0.08 or more. (3) "Motor vehicle" has the meaning assigned by Section 32.34(a). (4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. (5) "Amusement ride" has the meaning assigned by Section , Occupations Code. (6) "Mobile amusement ride" has the meaning assigned by Section , Occupations Code. Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, Amended by Acts 1999, 76th Leg., ch. 234, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1364, Sec. 8, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 1420, Sec , eff. Sept. 1, Sec PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. (b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician. (c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. (d) An offense under this section is not a lesser included offense under Section (e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section , Alcoholic Beverage Code, applies. Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 12, eff. Sept. 1, Amended by: Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 25, eff. September 1, Sec POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (a) In this section: (1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed. (2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include: (A) a glove compartment or similar storage container that is locked; (B) the trunk of a vehicle; or (C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. (3) "Public highway" means the entire width between and immediately adjacent to the boundary

9 PENAL CODE CHAPTER 49. INTOXICATION AND ALCOHOLIC of 6 3/16/2017 2:47 PM lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway. (b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense. (c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in: (1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or (2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle. (d) An offense under this section is a Class C misdemeanor. (e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person. Added by Acts 2001, 77th Leg., ch. 969, Sec. 2, eff. Sept. 1, Sec DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. (d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor. Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, Amended by Acts 1995, 74th Leg., ch. 76, Sec , eff. Sept. 1, Amended by: Acts 2011, 82nd Leg., R.S., Ch. 960 (H.B. 1199), Sec. 2, eff. September 1, Sec DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. (a) A person commits an offense if: (1) the person is intoxicated while operating a motor vehicle in a public place; and (2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age. (b) An offense under this section is a state jail felony. Added by Acts 2003, 78th Leg., ch. 787, Sec. 1, eff. Sept. 1, Sec FLYING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating an aircraft. (b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, Sec BOATING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a watercraft. (b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor,

10 PENAL CODE CHAPTER 49. INTOXICATION AND ALCOHOLIC of 6 3/16/2017 2:47 PM with a minimum term of confinement of 72 hours. Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, Sec ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride. (b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor with a minimum term of confinement of 72 hours. (c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the amusement ride or assembling the mobile amusement ride had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor with a minimum term of confinement of six days. Added by Acts 1999, 76th Leg., ch. 1364, Sec. 9, eff. Jan. 1, Sec INTOXICATION ASSAULT. (a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or (2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another. (b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. (c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree. Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 10, eff. Jan. 1, Amended by: Acts 2007, 80th Leg., R.S., Ch. 662 (H.B. 1212), Sec. 2, eff. September 1, Sec INTOXICATION MANSLAUGHTER. (a) A person commits an offense if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. (b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree. Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 11, eff. Jan. 1, Amended by: Acts 2007, 80th Leg., R.S., Ch. 662 (H.B. 1212), Sec. 3, eff. September 1, Sec ENHANCED OFFENSES AND PENALTIES. (a) Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated. (b) An offense under Section 49.04, 49.05, 49.06, or is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted: (1) one time of an offense under Section or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense under

11 PENAL CODE CHAPTER 49. INTOXICATION AND ALCOHOLIC of 6 3/16/2017 2:47 PM Section 49.08; or (2) two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated. (b-1) An offense under Section is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty. (b-2) An offense under Section is a felony of the first degree if it is shown on the trial of the offense that the person caused the death of a person described by Subsection (b-1). (b-3) For the purposes of Subsection (b-1): (1) "Emergency medical services personnel" has the meaning assigned by Section , Health and Safety Code. (2) "Firefighter" means: (A) an individual employed by this state or by a political or legal subdivision of this state who is subject to certification by the Texas Commission on Fire Protection; or (B) a member of an organized volunteer fire-fighting unit that: (i) renders fire-fighting services without remuneration; and (ii) conducts a minimum of two drills each month, each at least two hours long. (b-4) An offense under Section is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state. (c) For the purposes of this section: (1) "Offense relating to the operating of a motor vehicle while intoxicated" means: (A) an offense under Section or ; (B) an offense under Section or 49.08, if the vehicle operated was a motor vehicle; (C) an offense under Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994; (D) an offense under Article 6701l-2, Revised Statutes, as that law existed before January 1, 1984; (E) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a motor vehicle; or (F) an offense under the laws of another state that prohibit the operation of a motor vehicle while intoxicated. (2) "Offense of operating an aircraft while intoxicated" means: (A) an offense under Section 49.05; (B) an offense under Section or 49.08, if the vehicle operated was an aircraft; (C) an offense under Section 1, Chapter 46, Acts of the 58th Legislature, Regular Session, 1963 (Article 46f-3, Vernon's Texas Civil Statutes), as that law existed before September 1, 1994; (D) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was an aircraft; or (E) an offense under the laws of another state that prohibit the operation of an aircraft while intoxicated. (3) "Offense of operating a watercraft while intoxicated" means: (A) an offense under Section 49.06; (B) an offense under Section or 49.08, if the vehicle operated was a watercraft; (C) an offense under Section , Parks and Wildlife Code, as that law existed before September 1, 1994; (D) an offense under Section 19.05(a)(2), as that law existed before September 1, 1994, if the vehicle operated was a watercraft; or (E) an offense under the laws of another state that prohibit the operation of a watercraft while intoxicated. (4) "Offense of operating or assembling an amusement ride while intoxicated" means: (A) an offense under Section ; (B) an offense under Section or 49.08, if the offense involved the operation or assembly of an amusement ride; or (C) an offense under the law of another state that prohibits the operation of an amusement

12 PENAL CODE CHAPTER 49. INTOXICATION AND ALCOHOLIC of 6 3/16/2017 2:47 PM ride while intoxicated or the assembly of a mobile amusement ride while intoxicated. (d) For the purposes of this section, a conviction for an offense under Section 49.04, , 49.05, 49.06, , 49.07, or that occurs on or after September 1, 1994, is a final conviction, whether the sentence for the conviction is imposed or probated. (e) Repealed by Acts 2005, 79th Leg., Ch. 996, Sec. 3, eff. September 1, (f) Repealed by Acts 2005, 79th Leg., Ch. 996, Sec. 3, eff. September 1, (g) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D. Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch (H.B. 2246), Sec. 2 (h) This subsection applies only to a person convicted of a second or subsequent offense relating to the operating of a motor vehicle while intoxicated committed within five years of the date on which the most recent preceding offense was committed. The court shall enter an order that requires the defendant to have a device installed, on each motor vehicle owned or operated by the defendant, that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator, and that requires that before the first anniversary of the ending date of the period of license suspension under Section , Transportation Code, the defendant not operate any motor vehicle that is not equipped with that device. The court shall require the defendant to obtain the device at the defendant's own cost on or before that ending date, require the defendant to provide evidence to the court on or before that ending date that the device has been installed on each appropriate vehicle, and order the device to remain installed on each vehicle until the first anniversary of that ending date. If the court determines the offender is unable to pay for the device, the court may impose a reasonable payment schedule not to extend beyond the first anniversary of the date of installation. The Department of Public Safety shall approve devices for use under this subsection. Section , Transportation Code, applies to the approval of a device under this subsection and the consequences of that approval. Failure to comply with an order entered under this subsection is punishable by contempt. For the purpose of enforcing this subsection, the court that enters an order under this subsection retains jurisdiction over the defendant until the date on which the device is no longer required to remain installed. To the extent of a conflict between this subsection and Section 13, Article 42.12, Code of Criminal Procedure, this subsection controls. Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec (h) This subsection applies only to a person convicted of a second or subsequent offense relating to the operating of a motor vehicle while intoxicated committed within five years of the date on which the most recent preceding offense was committed. The court shall enter an order that requires the defendant to have a device installed, on each motor vehicle owned or operated by the defendant, that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator, and that requires that before the first anniversary of the ending date of the period of license suspension under Section , Transportation Code, the defendant not operate any motor vehicle that is not equipped with that device. The court shall require the defendant to obtain the device at the defendant's own cost on or before that ending date, require the defendant to provide evidence to the court on or before that ending date that the device has been installed on each appropriate vehicle, and order the device to remain installed on each vehicle until the first anniversary of that ending date. If the court determines the offender is unable to pay for the device, the court may impose a reasonable payment schedule not to extend beyond the first anniversary of the date of installation. The Department of Public Safety shall approve devices for use under this subsection. Section , Transportation Code, applies to the approval of a device under this subsection and the consequences of that approval. Failure to comply with an order entered under this subsection is punishable by contempt. For the purpose of enforcing this subsection, the court that enters an order under this subsection retains jurisdiction over the defendant until the date on which the device is no longer required to remain installed. To the extent of a conflict between this subsection and Article 42A.408, Code of Criminal Procedure, this subsection controls. Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, Amended by Acts 1995, 74th Leg.,

13 PENAL CODE CHAPTER 49. INTOXICATION AND ALCOHOLIC of 6 3/16/2017 2:47 PM ch. 76, Sec , eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 21, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1364, Sec. 12, 13, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 648, Sec. 1, 2, eff, Sept. 1, 2001; Acts 2001, 77th Leg., ch. 969, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 787, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1275, Sec. 2(117), eff. Sept. 1, Amended by: Acts 2005, 79th Leg., Ch. 996 (H.B. 51), Sec. 1, eff. September 1, Acts 2005, 79th Leg., Ch. 996 (H.B. 51), Sec. 3, eff. September 1, Acts 2007, 80th Leg., R.S., Ch. 662 (H.B. 1212), Sec. 4, eff. September 1, Acts 2011, 82nd Leg., R.S., Ch. 960 (H.B. 1199), Sec. 3, eff. September 1, Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.84, eff. January 1, Acts 2015, 84th Leg., R.S., Ch (H.B. 2246), Sec. 2, eff. September 1, Sec NO DEFENSE. In a prosecution under Section 49.03, 49.04, , 49.05, 49.06, , 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense. Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 14, eff. Jan. 1, 2000; Acts 2003, 78th Leg., ch. 787, Sec. 3, eff. Sept. 1, Sec PROOF OF MENTAL STATE UNNECESSARY. (a) Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter. (b) Subsection (a) does not apply to an offense under Section Added by Acts 1995, 74th Leg., ch. 318, Sec. 22, eff. Sept. 1, Amended by Acts 2001, 77th Leg., ch. 969, Sec. 4, eff. Sept. 1, Sec APPLICABILITY TO CERTAIN CONDUCT. Sections and do not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the mother of the unborn child. Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.05, eff. Sept. 1, 2003.

14 TRANSPORTATION CODE CHAPTER 552. PEDESTRIANS 1 of 4 3/16/2017 2:48 PM TRANSPORTATION CODE TITLE 7. VEHICLES AND TRAFFIC SUBTITLE C. RULES OF THE ROAD CHAPTER 552. PEDESTRIANS Sec 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, Sec 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, Sec 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 , 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.

15 TRANSPORTATION CODE CHAPTER 552. PEDESTRIANS 2 of 4 3/16/2017 2:48 PM Amended by: Acts 2009, 81st Leg., R.S., Ch (H.B. 1343), Sec. 2, eff. September 1, Sec 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, Sec CROSSING AT POINT OTHER THAN CROSSWALK. (a) A pedestrian shall yield the rightof-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, Sec 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, Amended by Acts 2001, 77th Leg., ch. 497, Sec. 3, eff. June 11, Sec 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, Sec 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 (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

16 TRANSPORTATION CODE CHAPTER 552. PEDESTRIANS 3 of 4 3/16/2017 2:48 PM 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 , 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 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 (S.B. 245), Sec. 2, eff. May 3, Amended by: Acts 2007, 80th Leg., R.S., Ch. 333 (H.B. 3089), Sec. 1, eff. June 15, Sec 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, Sec 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, Sec 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 , Human Resources Code. (2) "White cane" has the meaning assigned by Section , 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, 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, Renumbered from Human Resources Code, Section and amended by Acts 2009, 81st Leg., R.S., Ch.