By: Shields H.B. No. 2247
73R5882 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of certain safety equipment by a bicycle
1-3 operator or passenger; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
1-6 amended by adding Chapter 757 to read as follows:
1-7 CHAPTER 757. BICYCLE SAFETY
1-8 Sec. 757.001. DEFINITIONS. In this chapter:
1-9 (1) "Bicycle" means a human-powered vehicle with two
1-10 wheels in tandem designed to transport, by the action of pedaling,
1-11 one or more persons seated on one or more saddle seats on its
1-12 frame. Such term also includes a human-powered vehicle as used on
1-13 a public roadway, public bicycle path, or other public
1-14 right-of-way, but does not include a tricycle.
1-15 (2) "Tricycle" means a three-wheeled human-powered
1-16 vehicle designed for use as a toy by a single child under the age
1-17 of six years, the seat of which is no more than two feet from
1-18 ground level.
1-19 (3) "Public roadway" means a right-of-way under the
1-20 jurisdiction and control of this state or a local political
1-21 subdivision thereof for use primarily by motor vehicles.
1-22 (4) "Public bicycle path" means a right-of-way under
1-23 the jurisdiction and control of this state or a local political
1-24 subdivision thereof for use primarily by bicycles and pedestrians.
2-1 (5) "Other public right-of-way" means any right-of-way
2-2 other than a public roadway or public bicycle path that the public
2-3 has access to and is designed for use by vehicular and/or
2-4 pedestrian traffic.
2-5 (6) "Protective bicycle helmet" means a piece of
2-6 headgear which meets or exceeds the impact standards for protective
2-7 bicycle helmets set by the American National Standards Institute
2-8 (ANSI) or the Snell Memorial Foundation or such other approved by
2-9 an appropriate agency of the State of Texas.
2-10 (7) "Passenger" means any person who travels on a
2-11 bicycle in any manner except as an operator.
2-12 (8) "Operator" means a person who travels on a bicycle
2-13 seated on a saddle seat from which that person is intended to and
2-14 can pedal the bicycle.
2-15 Sec. 757.002. REQUIREMENTS FOR HELMET USE. With regard to
2-16 any bicycle used on a public roadway, public bicycle path, or other
2-17 public right-of-way:
2-18 (1) it shall be unlawful for any person to operate or
2-19 be a passenger on a bicycle unless at all times when the person is
2-20 so engaged he or she wears a properly fitting protective bicycle
2-21 helmet fastened securely upon the head with the straps of the
2-22 helmet;
2-23 (2) it shall be unlawful for any parent or legal
2-24 guardian of a person below the age of 18 to knowingly or recklessly
2-25 permit such person to operate or be a passenger on a bicycle in
2-26 violation of Subdivision (1);
2-27 (3) a person regularly engaged in the business of
3-1 selling bicycles shall provide a purchaser of a bicycle with a
3-2 written explanation of the law requiring a person to wear a
3-3 protective helmet under Subdivisions (1) and (2) and of the
3-4 educational requirements in Section 757.004; and
3-5 (4) it shall be unlawful to rent or lease any bicycle
3-6 to or for the use of any person unless:
3-7 (A) the person is in possession of a properly
3-8 fitting protective bicycle helmet at the time of such rental or
3-9 lease; or
3-10 (B) the rental or lease includes a properly
3-11 fitting protective bicycle helmet.
3-12 Sec. 757.003. CIVIL PENALTIES. (a) Except as provided in
3-13 Subsection (b), any person violating any requirement set forth in
3-14 Section 757.002 shall be guilty of a violation and upon conviction
3-15 sentenced to pay a civil fine of $50, exclusive of all penalty
3-16 assessments and court costs.
3-17 (b) In the case of a first complaint against the person, the
3-18 court shall waive the fine upon receipt of satisfactory proof that
3-19 the alleged offender has since the date of the violation purchased
3-20 or otherwise obtained, as appropriate, a protective bicycle helmet.
3-21 (c) The money collected as fines under Subsection (a) shall
3-22 be deposited into a fund to be known as the "Bicycle Safety Fund"
3-23 and such fund is to be deposited with and administered by the
3-24 Department of Public Safety. Money in the fund shall be utilized
3-25 by the department to assist low income families in purchasing
3-26 approved bicycle helmets or for persons under the age of 10 to take
3-27 a bicycle education course as set out in Section 757.004. The
4-1 department shall establish rules relating to eligibility for
4-2 assistance.
4-3 Sec. 757.004. EDUCATION PROGRAM FOR THOSE UNDER 10 YEARS OF
4-4 AGE. (a) The Department of Public Safety may establish and
4-5 administer a statewide bicycle safety education program. The
4-6 program must include but is not limited to instruction concerning:
4-7 (1) the safe handling and use of bicycles;
4-8 (2) high risk traffic situations;
4-9 (3) bicycle and traffic handling skills;
4-10 (4) on-bike training;
4-11 (5) mandatory and correct use of bicycle helmets; and
4-12 (6) traffic laws and regulations.
4-13 (b) The department shall issue a certificate or other
4-14 evidence of completion to a person who has successfully completed a
4-15 bicycle education course. The department shall prescribe the form
4-16 of the certificate or other evidence of completion.
4-17 (c) Subject to the establishment of bicycle education
4-18 programs by the department, all persons born after December 31,
4-19 1985, must have completed by their 10th birthday a bicycle
4-20 education course approved by the department before operating a
4-21 bicycle on a public roadway, public bicycle path, or other public
4-22 right-of-way.
4-23 (d) The department may maximize the utilization of volunteer
4-24 instructors to minimize the costs of the course and is authorized
4-25 to charge a fee not to exceed $15 to defray administrative costs or
4-26 to deposit in the "Bicycle Safety Fund."
4-27 (e) The department shall determine qualifications for
5-1 instructors in the bicycle education program and shall recruit and
5-2 train instructors for the program.
5-3 (f) The department may cooperate with educational
5-4 institutions, state agencies, local governments, and/or
5-5 not-for-profit organizations interested in bicycle education in
5-6 administering this section. The department may accept gifts,
5-7 grants, and donations to be used in administering this section.
5-8 (g) The department shall adopt rules to implement the
5-9 bicycle education program.
5-10 (h) Subject to the establishment of a bicycle education
5-11 program, a person who violates Subsection (c) commits an offense
5-12 and is subject to a fine not to exceed $50. The court shall
5-13 dismiss the first complaint if the person agrees to take a bicycle
5-14 education course and presents evidence to the court that the person
5-15 has completed the course within 90 days of permission being given
5-16 by the court. The fines collected are to be deposited into the
5-17 "Bicycle Safety Fund" of the department.
5-18 SECTION 2. This Act takes effect January 1, 1994.
5-19 SECTION 3. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.