H.B. No. 1978
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 may 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 may be completed before the
2-26 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.