SUBCHAPTER A. PERSONS AND GOVERNMENTAL AUTHORITIES

Sec. 541.001. PERSONS. In this subtitle:

(1) “Operator” means, as used in reference to a vehicle, a person who drives or has physical control of a vehicle.

(2) “Owner” means, as used in reference to a vehicle, a person who has a property interest in or title to a vehicle. The term:

(A) includes a person entitled to use and possess a vehicle subject to a security interest; and

(B) excludes a lienholder and a lessee whose lease is not intended as security.

(3) “Pedestrian” means a person on foot.

(4) “Person” means an individual, firm, partnership, association, or corporation.

(5) “School crossing guard” means a responsible person who is at least 18 years of age and is designated by a local authority to direct traffic in a school crossing zone for the protection of children going to or leaving a school.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.103, eff. Sept. 1, 1997.

Sec. 541.002. GOVERNMENTAL AUTHORITIES. In this subtitle:

(1) “Department” means the Department of Public Safety acting directly or through its authorized officers and agents.

(2) “Director” means the public safety director.

(3) “Local authority” means:

(A) a county, municipality, or other local entity authorized to enact traffic laws under the laws of this state; or

(B) a school district created under the laws of this state only when it is designating school crossing guards for schools operated by the district.

(4) “Police officer” means an officer authorized to direct traffic or arrest persons who violate traffic regulations.

(5) “State” has the meaning assigned by Section 311.005, Government Code, and includes a province of Canada.

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. 600.004. TRAINING OF SCHOOL CROSSING GUARD. (a) A local authority may authorize a school crossing guard to direct traffic in a school crossing zone if the guard successfully completes a training program in traffic direction as defined by the basic peace officer course curriculum established by the Commission on Law Enforcement Standards and Education.

(b) A school crossing guard trained under this section:

(1) is not a peace officer; and

(2) may not carry a weapon while directing traffic in a school crossing zone.

Added by Acts 1999, 76th Leg., ch. 724, Sec. 2, eff. Aug. 30, 1999.

Support:
There are two types of school crossing supervision:
A. Adult control of pedestrians and vehicles by adult crossing guards or uniformed law enforcement
officers; and
B. Student control of only pedestrians with student patrols.
Information for the organization, operation, and administration of an adult crossing guard program are given
in “Civilian Guards For School Crossings” (available from the Center for Public Safety of Northwestern
University, 405 Church Street, Evanston, IL 60204) and “Adult School Crossing Guards” (available from the
American Automobile Association, 1000 AAA Drive, Heathrow, FL 32746).
Information for the organization, administration and operation of a student patrol program are given in
“Policies and Practices for School Safety Patrols” (available from the American Automobile Association, 1000
AAA Drive, Heathrow, FL 32746).

Option:
Adult crossing guards may be used to provide gaps in traffic at school crossings where an engineering study
has shown that adequate gaps need to be created (see Section 7A.03), and where authorized by law.

Support:
High standards for selection of adult crossing guards are essential.
Guidance:
Adult crossing guards should possess the following qualifications:
A. Average intelligence;
B Good physical condition, including sight, hearing, and mobility;
C. Mental alertness;
D. Neat appearance;
E. Good character;
F. Dependable; and
G. Sense of responsibility for the safety of students.

Guidance:
Adult crossing guards should be uniformed so that road users and pedestrians can recognize them and
respond to their signals. The uniforms should be distinctively different from those worn by regular law
enforcement officers.
Standard:
Adult crossing guards shall wear high-visibility retroreflective safety apparel labeled as ANSI 107-1999
standard performance for Class 2 as described in Section 6E.02.
Student patrols that enter the roadway to perform their duties shall wear high-visibility retroreflective
safety apparel labeled as ANSI 107-1999 standard performance for Class 1 as described in Section
6E.02.
Guidance:
Law enforcement officers should wear high-visibility retroreflective material over their uniforms when
directing nighttime operations.
Section 7E.05 Operating Procedures for Adult Crossing Guards
Guidance:
Adult crossing guards should not direct traffic in the usual law enforcement regulatory sense. In the control
of traffic, they should pick opportune times to create a reasonably safe gap. At these times, they should stand in
the roadway to indicate that pedestrians are about to use or are using the crosswalk, and that all vehicular traffic
2006 Edition Page 7E-1
must stop.
Adult crossing guards should use a STOP paddle. The STOP paddle should be the primary hand-signaling
device.
Standard:
The STOP paddle shall be an octagonal shape. The background of the STOP face shall be red with at
least 6 inch series capital white letters and border. The paddle shall be at least 18 inches in size and have
the word message STOP on both sides. The paddle shall be retroreflectorized or illuminated when used
during hours of darkness.
Option:
The STOP paddle may be modified to improve conspicuity by incorporating red or white flashing lights on
both sides of the paddle. The red or white flashing lights may be arranged in any of the following patterns:
A. Two red or white lights centered vertically above and below the STOP legend;
B. Two red or white lights centered horizontally on each side of the STOP legend;
C. One red or white light centered below the STOP legend; or
D. A series of eight or more small red or white lights no larger than 0..25 inches in diameter along the outer
edge of the paddle, arranged in an octagonal pattern at the eight corners of the STOP paddle. More than
eight lights may be used only if the arrangement of the lights is such that it clearly conveys the octagonal
shape of the STOP paddle.
E. A series of white lights forming the shapes of the letters in the legend.
Standard:
If flashing lights are used on the STOP paddle, the flash rate shall be at least 50, but not more than 60,
flash periods per minute.

Option:
Students patrols may be used to direct and control pedestrians at crossings near schools where adequate gaps
in traffic occur frequently enough so that gaps do not need to be created.
Student patrols may be used to direct and control pedestrians at signalized intersections where turning
movements are not a significant problem, and may be used to assist adult crossing guards in the control of
pedestrians at crossing locations used by large numbers of pedestrians.
Guidance:
Student patrols should not be responsible for directing vehicular traffic. They should not function as
uniformed law enforcement officers or adult crossing guards.

Guidance:
Student patrols should be carefully selected. They should be students from the fifth grade or higher.
Leadership and reliability should be determining qualities for patrol membership.
Parental approval should be obtained in writing before a student is used as a member of a student patrol.

Guidance:
Student patrols should use a flagging device to stop pedestrians behind the curb or edge of the roadway, and
should allow them to cross only when there is an adequate gap in traffic.
Standard:
Flagging devices used during periods of twilight or darkness shall be retroreflective or illuminated.
Because they are not authorized to direct vehicular traffic, student patrols shall not use a STOP
paddle.