Relating to the applicability of certain pedestrian laws to certain sidewalk users.
ModeratePlan for compliance
Low Cost
Effective:2025-09-01
Enforcing Agencies
Texas Department of Public Safety • Local Municipal Police Departments • County Sheriff's Offices
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Training must be completed prior to this date to avoid immediate liability exposure).
Agency Rulemaking: None required. The statute directly amends the Texas Transportation Code. Local municipalities may adjust signage, but the core liability shift is statutory and immediate.
Immediate Action Plan
Immediate: Mandate the installation or audit of high-definition dashcams for all urban fleet vehicles to capture speed/telemetry data of potential claimants.
By July 1, 2025: Update driver handbooks to cite Transportation Code Sec. 541.001 and the new yielding requirements.
By August 15, 2025: Conduct a mandatory "stand-down" safety meeting to brief all operators on the new risks regarding driveway exits and right turns on red.
Ongoing: Instruct legal counsel to review standard defense pleadings to incorporate the "8 mph" statutory limit as an affirmative defense in future accident claims.
Operational Changes Required
Contracts
Vendor Agreements (Couriers/Last-Mile): Update Master Services Agreements (MSAs) with bike/scooter courier services. Require vendors to certify their riders are trained on Texas Transportation Code Sec. 552.0035(c), specifically the prohibition on entering crosswalks at speeds exceeding 8 mph. This clause is essential to shift liability back to the vendor in the event of a collision.
Hiring/Training
Driver Safety Protocols: Revise fleet safety manuals immediately. Drivers must be retrained to change their visual "scan pattern" at intersections and driveway exits to account for users moving at 15+ mph, not just walking speed.
Exit Procedures: Enforce a "hard stop" policy for vehicles exiting alleys, driveways, or buildings before crossing the sidewalk threshold. Rolling stops now carry heightened negligence risks.
Reporting & Record-Keeping
Accident Report Forms: Update internal incident reporting templates. Add a specific checkbox for "Sidewalk User" (distinct from "Pedestrian" or "Vehicle") to accurately track data for potential litigation defense.
Training Logs: Maintain documented proof that all drivers have been briefed on the new definition of "Sidewalk User." This is your primary defense against "Failure to Train" allegations.
Fees & Costs
Direct Costs: No new state fees or taxes.
Operational Costs: Budget for approximately 1-2 hours of retraining per driver. Anticipate potential increases in commercial auto insurance premiums for fleets operating in high-density urban zones (Austin, Dallas, Houston).
Strategic Ambiguities & Considerations
The "8 MPH" Evidentiary Gap: The law establishes that a sidewalk user entering a crosswalk faster than 8 mph is *prima facie* evidence of unreasonable speed. However, without telematics or dashcam footage, it is nearly impossible for a driver to prove a scooter was traveling at 10 mph versus 8 mph.
"Immediate Hazard" Definition: The statute requires sidewalk users to yield to vehicles constituting an "immediate hazard." This term is subjective and historically interpreted by juries in favor of the vulnerable road user.
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
The use of sidewalk vehicles such as bicycles, electric bicycles, and electric personal assistive mobility devices has increased in recent years. Current Texas law does not address non-pedestrian sidewalk users from traffic control or right-of-way perspective. Without clear boundaries of right-of-way perspective and traffic control compliance, there is a lack of protection for these individuals when utilizing crosswalks. When crashes occur between motor vehicles and these sidewalk users, investigating law enforcement officers also have difficulty drawing conclusions regarding liability and contributing factors for the crash. S.B. 2039 seeks to create a framework for non-pedestrian sidewalk users to lawfully operate in pedestrian areas if they are following all pedestrian control signs.
As proposed, S.B. 2039 amends current law relating to the applicability of certain pedestrian laws to certain sidewalk users.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 541.001, Transportation Code, by adding Subdivision (6) to define "sidewalk user."
SECTION 2. Amends Sections 544.007(b), (c), and (d), Transportation Code, as follows:
(b) Requires an operator of a vehicle facing a circular green signal, while the signal is exhibited, to perform certain actions, including stop and yield the right-of-way to pedestrians or sidewalk users lawfully in the intersection or an adjacent crosswalk.
(c)-(d) Makes conforming changes to these subsections.
SECTION 3. Amends Section 545.256, Transportation Code, to make a conforming change.
SECTION 4. Amends the heading to Chapter 552, Transportation Code, to read as follows:
CHAPTER 552. PEDESTRIANS AND OTHER SIDEWALK USERS
SECTION 5. Amends Sections 552.001 and 552.002, Transportation Code, as follows:
Sec. 552.001. TRAFFIC CONTROL SIGNALS. Makes conforming changes to this section.
Sec. 552.002. New heading: PEDESTRIAN OR SIDEWALK USER RIGHT-OF-WAY IF CONTROL SIGNAL PRESENT. Makes conforming changes to this section.
SECTION 6.� Amends Chapter 552, Transportation Coed, by adding Sections 552.0035 and 552.0036, as follows:
Sec. 552.0035. SIDEWALK USER RIGHT-OF-WAY AT CROSSWALK. (a) Requires the operator of a vehicle to stop and yield the right-of-way to a sidewalk user crossing a roadway in a crosswalk if no traffic control signal is in place or in operation and the sidewalk user is on the half of the roadway in which the vehicle is traveling or approaching so closely from the opposite half of the roadway as to be in danger.
(b) Prohibits a sidewalk user, notwithstanding Subsection (a), from suddenly leaving a curb or other place of safety and proceeding into a crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to stop and yield.
(c) Prohibits a sidewalk user, notwithstanding Subsection (a), from approaching or entering a crosswalk at a speed greater than is reasonable and prudent under the existing conditions and having regard for actual and potential existing hazards. Provides that, 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) Prohibits 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 from passing the stopped vehicle.
Sec. 552.0036. SIDEWALK USER RIGHT-OF-WAY AT STOP SIGN. Requires a sidewalk user approaching an intersection with a stop sign to stop before entering the crosswalk and, after stopping, yield the right-of-way to a vehicle that has entered the intersection or is approaching the intersection so closely as to be an immediate hazard to the sidewalk user entering or moving across the crosswalk.
SECTION 7. Makes application of this Act prospective.
SB2039 creates a new legal category, "Sidewalk User," granting operators of bicycles, scooters, and similar devices specific statutory rights in crosswalks and on sidewalks. Commercial drivers are now legally required to yield to these fast-moving users at driveways and intersections, significantly expanding fleet liability beyond traditional pedestrian interactions. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Training must be completed prior to this date to avoid immediate liability exposure).
Q
Who authored SB2039?
SB2039 was authored by Texas Senator Kelly Hancock during the Regular Session.
Q
When was SB2039 signed into law?
SB2039 was signed into law by Governor Greg Abbott on May 28, 2025.
Q
Which agencies enforce SB2039?
SB2039 is enforced by Texas Department of Public Safety, Local Municipal Police Departments and County Sheriff's Offices.
Q
How urgent is compliance with SB2039?
The compliance urgency for SB2039 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB2039?
The cost impact of SB2039 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does SB2039 address?
SB2039 addresses topics including vehicles & traffic, vehicles & traffic--rules of road, safety and signs.
Legislative data provided by LegiScanLast updated: November 25, 2025
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