By Hirschi H.B. No. 1978 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to bicycle safety training courses. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle A, Title 9, Health and Safety Code, is 1-5 amended by adding Chapter 757 to read as follows: 1-6 CHAPTER 757. BICYCLE SAFETY 1-7 Sec. 757.001. DEFINITIONS. In this chapter: 1-8 (1) "Bicycle" means a human-powered vehicle with two 1-9 wheels in tandem designed to transport by a pedaling action of a 1-10 person seated on a saddle seat. 1-11 (2) "Department" means the Department of Public 1-12 Safety. 1-13 (3) "Operator" means a person who travels by pedaling 1-14 on a bicycle seated on a saddle seat. 1-15 (4) "Other public right-of-way" means any 1-16 right-of-way, other than a public roadway or public bicycle path, 1-17 that is accessible by the public and designed for use by vehicular 1-18 or pedestrian traffic. 1-19 (5) "Public bicycle path" means a right-of-way under 1-20 the jurisdiction and control of this state or a local political 1-21 subdivision for use primarily by bicycles or by bicycles and 1-22 pedestrians. 1-23 (6) "Public roadway" means a right-of-way under the 1-24 jurisdiction and control of this state or a local political 2-1 subdivision for use primarily by motor vehicles. 2-2 (7) "Tricycle" means a three-wheeled human-powered 2-3 vehicle that is designed to have a seat no more than two feet from 2-4 the ground and be used as a toy by a child younger than six years 2-5 of age. 2-6 Sec. 757.002. BICYCLE SAFETY EDUCATION PROGRAM. (a) The 2-7 department may establish and administer a statewide bicycle safety 2-8 education program and may adopt rules to implement the program. 2-9 The program must include instruction concerning: 2-10 (1) the safe handling and use of bicycles; 2-11 (2) high risk traffic situations; 2-12 (3) bicycle and traffic handling skills; 2-13 (4) on-bike training; 2-14 (5) correct use of bicycle helmets; and 2-15 (6) traffic laws and regulations. 2-16 (b) The department may issue a certificate or other evidence 2-17 of completion to a person who has successfully completed a bicycle 2-18 education course. 2-19 (c) Subject to the establishment of a bicycle education 2-20 program by the department, a person born after December 31, 1985, 2-21 who resides in a metropolitan statistical area as defined by the 2-22 United States Office of Management and Budget should complete a 2-23 bicycle education course approved by the department before 2-24 operating a bicycle on a public roadway, public bicycle path, or 2-25 other public right-of-way. The course should be completed before 2-26 the person's 10th birthday. 2-27 (d) The department may charge a fee for the course not to 3-1 exceed $15. 3-2 (e) The department may: 3-3 (1) determine the qualifications for an instructor in 3-4 the bicycle education program; 3-5 (2) use volunteer instructors; and 3-6 (3) certify organizations to recruit and train 3-7 instructors for the program. 3-8 (f) In administering this section, the department may 3-9 contract with an educational institution, state agency, local 3-10 government, or nonprofit organization interested in bicycle 3-11 education. 3-12 (g) The department may accept gifts, grants, and donations 3-13 to be used in administering this section. 3-14 Sec. 757.003. FUND. (a) A fee collected by the department 3-15 under this chapter shall be deposited in the state treasury to the 3-16 credit of the bicycle safety fund. The department by rule may 3-17 establish a procedure to allow an educational institution, state 3-18 agency, local government, or nonprofit organization interested in 3-19 bicycle safety to retain an amount from the fees collected to cover 3-20 actual and necessary expenses. 3-21 (b) The fund may be used by the department only to: 3-22 (1) defray the costs of administering this chapter; 3-23 (2) provide a bicycle training course for a child 3-24 younger than 10 years of age who comes from a low income family; 3-25 and 3-26 (3) if funding permits, assist children from low 3-27 income families in purchasing bicycle helmets. 4-1 SECTION 2. This Act takes effect January 1, 1994. 4-2 SECTION 3. The importance of this legislation and the 4-3 crowded condition of the calendars in both houses create an 4-4 emergency and an imperative public necessity that the 4-5 constitutional rule requiring bills to be read on three several 4-6 days in each house be suspended, and this rule is hereby suspended.