1-1 By: Hirschi (Senate Sponsor - Barrientos) H.B. No. 1978
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 12, 1993, read first time and referred to Committee on State
1-4 Affairs; May 22, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 2; May 22, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 COMMITTEE AMENDMENT NO. 1 By: Nelson
1-22 Amend HB 1978
1-23 Page 2 line 9 strike "should" and insert in lieu thereof
1-24 "may."
1-25 Page 2 line 12 strike "should" and insert in leiu thereof
1-26 "may."
1-27 A BILL TO BE ENTITLED
1-28 AN ACT
1-29 relating to bicycle safety training courses.
1-30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-31 SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
1-32 amended by adding Chapter 757 to read as follows:
1-33 CHAPTER 757. BICYCLE SAFETY
1-34 Sec. 757.001. DEFINITIONS. In this chapter:
1-35 (1) "Bicycle" means a human-powered vehicle with two
1-36 wheels in tandem designed to transport by a pedaling action of a
1-37 person seated on a saddle seat.
1-38 (2) "Department" means the Department of Public
1-39 Safety.
1-40 (3) "Operator" means a person who travels by pedaling
1-41 on a bicycle seated on a saddle seat.
1-42 (4) "Other public right-of-way" means any
1-43 right-of-way, other than a public roadway or public bicycle path,
1-44 that is accessible by the public and designed for use by vehicular
1-45 or pedestrian traffic.
1-46 (5) "Public bicycle path" means a right-of-way under
1-47 the jurisdiction and control of this state or a local political
1-48 subdivision for use primarily by bicycles or by bicycles and
1-49 pedestrians.
1-50 (6) "Public roadway" means a right-of-way under the
1-51 jurisdiction and control of this state or a local political
1-52 subdivision for use primarily by motor vehicles.
1-53 (7) "Tricycle" means a three-wheeled human-powered
1-54 vehicle that is designed to have a seat no more than two feet from
1-55 the ground and be used as a toy by a child younger than six years
1-56 of age.
1-57 Sec. 757.002. BICYCLE SAFETY EDUCATION PROGRAM. (a) The
1-58 department may establish and administer a statewide bicycle safety
1-59 education program and may adopt rules to implement the program.
1-60 The program must include instruction concerning:
1-61 (1) the safe handling and use of bicycles;
1-62 (2) high risk traffic situations;
1-63 (3) bicycle and traffic handling skills;
1-64 (4) on-bike training;
1-65 (5) correct use of bicycle helmets; and
1-66 (6) traffic laws and regulations.
1-67 (b) The department may issue a certificate or other evidence
1-68 of completion to a person who has successfully completed a bicycle
2-1 education course.
2-2 (c) Subject to the establishment of a bicycle education
2-3 program by the department, a person born after December 31, 1985,
2-4 who resides in a metropolitan statistical area as defined by the
2-5 United States Office of Management and Budget should complete a
2-6 bicycle education course approved by the department before
2-7 operating a bicycle on a public roadway, public bicycle path, or
2-8 other public right-of-way. The course should be completed before
2-9 the person's 10th birthday.
2-10 (d) The department may charge a fee for the course not to
2-11 exceed $15.
2-12 (e) The department may:
2-13 (1) determine the qualifications for an instructor in
2-14 the bicycle education program;
2-15 (2) use volunteer instructors; and
2-16 (3) certify organizations to recruit and train
2-17 instructors for the program.
2-18 (f) In administering this section, the department may
2-19 contract with an educational institution, state agency, local
2-20 government, or nonprofit organization interested in bicycle
2-21 education.
2-22 (g) The department may accept gifts, grants, and donations
2-23 to be used in administering this section.
2-24 Sec. 757.003. FUND. (a) A fee collected by the department
2-25 under this chapter shall be deposited in the state treasury to the
2-26 credit of the bicycle safety fund. The department by rule may
2-27 establish a procedure to allow an educational institution, state
2-28 agency, local government, or nonprofit organization interested in
2-29 bicycle safety to retain an amount from the fees collected to cover
2-30 actual and necessary expenses.
2-31 (b) The fund may be used by the department only to:
2-32 (1) defray the costs of administering this chapter;
2-33 (2) provide a bicycle training course for a child
2-34 younger than 10 years of age who comes from a low income family;
2-35 and
2-36 (3) if funding permits, assist children from low
2-37 income families in purchasing bicycle helmets.
2-38 SECTION 2. This Act takes effect January 1, 1994.
2-39 SECTION 3. The importance of this legislation and the
2-40 crowded condition of the calendars in both houses create an
2-41 emergency and an imperative public necessity that the
2-42 constitutional rule requiring bills to be read on three several
2-43 days in each house be suspended, and this rule is hereby suspended.
2-44 * * * * *
2-45 Austin,
2-46 Texas
2-47 May 22, 1993
2-48 Hon. Bob Bullock
2-49 President of the Senate
2-50 Sir:
2-51 We, your Committee on State Affairs to which was referred H.B. No.
2-52 1978, have had the same under consideration, and I am instructed to
2-53 report it back to the Senate with the recommendation that it do
2-54 pass, as amended, and be printed.
2-55 Rosson,
2-56 Vice-Chairman
2-57 * * * * *
2-58 WITNESSES
2-59 FOR AGAINST ON
2-60 ___________________________________________________________________
2-61 Name: Charles Gandy x
2-62 Representing: Texas Bicycle Coalition
2-63 City: Austin
2-64 -------------------------------------------------------------------
2-65 Name: Sandy Kibby x
2-66 Representing: Texas PTA
2-67 City: Austin
2-68 -------------------------------------------------------------------
2-69 Name: Glenn Gadbois x
2-70 Representing: Texas Bicycle Coalition
3-1 City: Austin
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