These materials are free to use. They provide background and guidance on the Lisa Torry Smith Act, the new Texas crosswalk law.
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The Lisa Torry Smith Act is a bi-partisan bill that passed with the support of Texas State Senator Joan Huffman (Republican) and Texas State Representative Ron Reynolds (Democrat). The bill was passed unanimously by the Texas Senate. The bill was written by Fort Bend District Attorney Brian Middleton. Advocacy for the bill was led by Lisa’s sister, Gina Torry, with assistance from Robin Stallings, Director of Bike Texas, Farm and City Texas, as well as the participation of Lisa’s family and friends.
The Lisa Torry Smith Act amended Section 544.007 of the Texas Transportation Code to require drivers to “stop and yield the right of way to pedestrians lawfully in the intersection or an adjacent crosswalk.” The previous version only required drivers to “yield the right of way to other vehicles and pedestrians.”
Further, the act added Section 545.428, which indicates “a person commits an offense if the person with criminal negligence: (1) operates a motor vehicle within the area of a crosswalk; and (2) causes bodily injury to a pedestrian or a person operating a bicycle, motor-assisted scooter, electronic personal assistive mobility device, neighborhood electric vehicle, or golf cart.”
Section 545.428 provides that the offense is a class A misdemeanor if the offense results in bodily injury and a state jail felony if the offense results in serious bodily injury. It also provides an affirmative defense for drivers if the pedestrian was violating the law regarding crosswalks or roadways at the time of the collision.