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AN ACT
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relating to the maximum speed limit for a neighborhood electric |
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vehicle being operated on a street or highway and to the operation |
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of a motorcycle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (1), Section 551.301, |
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Transportation Code, as amended by Chapters 281 (H.B. 2702) and |
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1242 (H.B. 1596), Acts of the 79th Legislature, Regular Session, |
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2005, is reenacted and amended to read as follows: |
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(1) "Neighborhood electric vehicle" means a vehicle |
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that can attain a maximum speed of 35 miles per hour on a paved level |
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surface and otherwise complies with [subject to] Federal Motor |
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Vehicle Safety Standard 500 (49 C.F.R. Section 571.500). |
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SECTION 2. Subsection (a), Section 551.303, Transportation |
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Code, is amended to read as follows: |
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(a) A neighborhood electric vehicle may be operated only on |
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a street or highway for which the posted speed limit is 45 [35] |
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miles per hour or less. A neighborhood electric vehicle may cross a |
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road or street at an intersection where the road or street has a |
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posted speed limit of more than 45 [35] miles per hour. A |
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neighborhood electric vehicle may not be operated on a street or |
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highway at a speed that exceeds the lesser of: |
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(1) the posted speed limit; or |
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(2) 35 miles per hour. |
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SECTION 3. Subsection (a), Section 521.001, Transportation |
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Code, is amended by adding Subdivision (6-a) to read as follows: |
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(6-a) "Motorcycle" includes an enclosed three-wheeled |
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passenger vehicle that: |
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(A) is designed to operate with three wheels in |
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contact with the ground; |
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(B) has a minimum unladen weight of 900 lbs.; |
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(C) has a single, completely enclosed, occupant |
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compartment; |
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(D) at a minimum, is equipped with: |
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(i) seats that are certified by the vehicle |
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manufacturer to meet the requirements of Federal Motor Vehicle |
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Safety Standard No. 207, 49 C.F.R. Section 571.207; |
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(ii) a steering wheel used to maneuver the |
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vehicle; |
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(iii) a propulsion unit located in front of |
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or behind the enclosed occupant compartment; |
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(iv) a seat belt for each vehicle occupant |
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certified by the manufacturer to meet the requirements of Federal |
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Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209; |
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(v) a windshield and one or more windshield |
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wipers certified by the manufacturer to meet the requirements of |
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Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section |
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571.205, and Federal Motor Vehicle Safety Standard No. 104, 49 |
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C.F.R. Section 571.104; and |
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(vi) a vehicle structure certified by the |
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vehicle manufacturer to meet the requirements of Federal Motor |
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Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and |
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(E) is produced by its manufacturer in a minimum |
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quantity of 300 in any calendar year. |
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SECTION 4. Section 521.085, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.085. TYPE OF VEHICLE AUTHORIZED. (a) Unless |
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prohibited by Chapter 522, and except as provided by Subsection |
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(b), the license holder may operate any vehicle of the type for |
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which that class of license is issued and any lesser type of vehicle |
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other than a motorcycle or moped. |
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(b) Subsection (a) does not prohibit a license holder from |
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operating a lesser type of vehicle that is a motorcycle described by |
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Section 521.001(a)(6-a). |
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SECTION 5. Subdivision (1), Section 661.001, |
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Transportation Code, is amended to read as follows: |
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(1) "Motorcycle" means a motor vehicle designed to |
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propel itself with not more than three wheels in contact with the |
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ground, and having a saddle for the use of the rider. The term does |
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not include a tractor or a three-wheeled vehicle equipped with a cab |
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or occupant compartment, seat, and seat belt and designed to |
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contain the operator in the cab or occupant compartment. |
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SECTION 6. Section 680.013, Transportation Code, is amended |
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to read as follows: |
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Sec. 680.013. USE OF PREFERENTIAL LANE BY MOTORCYCLE. A |
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motorcycle, including a motorcycle described by Section |
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521.001(a)(6-a), may be operated in a preferential lane that is not |
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closed to all vehicular traffic. |
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SECTION 7. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 129 passed the Senate on |
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April 9, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 129 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 148, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |