By: Hirschi H.B. No. 1978 73R6172 MLR-F 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 must complete a bicycle education course approved by the department 2-22 before operating a bicycle on a public roadway, public bicycle 2-23 path, or other public right-of-way. The course should be completed 2-24 before the person's 10th birthday. 2-25 (d) The department may use volunteer instructors in the 2-26 bicycle education program and may charge a fee for the course not 2-27 to exceed $15. 3-1 (e) The department may: 3-2 (1) determine the qualifications for an instructor in 3-3 the bicycle education program; and 3-4 (2) recruit and train instructors for the program. 3-5 (f) In administering this section, the department may 3-6 cooperate with an educational institution, state agency, local 3-7 government, or nonprofit organization interested in bicycle 3-8 education. 3-9 (g) The department may accept gifts, grants, and donations 3-10 to be used in administering this section. 3-11 Sec. 757.003. FUND. (a) A fee collected by the department 3-12 under this chapter shall be deposited in the state treasury to the 3-13 credit of the bicycle safety fund. 3-14 (b) The fund may be used by the department only to: 3-15 (1) assist low income families to purchase bicycle 3-16 helmets; 3-17 (2) provide a bicycle training course for a child 3-18 younger than 10 years of age who comes from a low income family; 3-19 and 3-20 (3) defray the costs of administering this chapter. 3-21 SECTION 2. This Act takes effect January 1, 1994. 3-22 SECTION 3. The importance of this legislation and the 3-23 crowded condition of the calendars in both houses create an 3-24 emergency and an imperative public necessity that the 3-25 constitutional rule requiring bills to be read on three several 3-26 days in each house be suspended, and this rule is hereby suspended.