BILL ANALYSIS



C.S.H.B. 2929
By: Black
April 12, 1995
Committee Report (Substituted)


BACKGROUND

Texas traffic laws recognize bicycles as a legal vehicle with all
the attendant rights of the roadway.  However, the millions of
operators of bicycles in Texas, have little or no training in the
safe and proper use of their legal vehicle.  This lack of training
leads to problems when cars and bikes share the road.

PURPOSE

H.B. 2929 will require bicyclists to be treated in the same manner
as operators of motor vehicles regarding the reporting of traffic
convictions.  In addition, this bill will prohibit bicyclists
traveling in groups of five or more to intentionally disrupt the
normal flow of traffic.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 6701d, Vernon's Texas Civil Statutes,
Sections 152(a) and (b).  Provides that violations involving the
operation of a bicycle will be treated in the same manner as
violations involving the operation of a vehicle on highways.  In
addition, a person charged and/or convicted of a violation of this
Act will be treated the same, whether 
they were operating a vehicle or a bicycle.


SECTION 2.  Amends Article 6701d, Vernon's Texas Civil Statutes, by
adding the following:

     Sec. 182A.  IMPEDING TRAFFIC ON ROADWAY.  Provides that it is
a Class C  misdemeanor for persons riding bicycles in groups of
five or more to intentionally impede    the normal flow of traffic. 
This section does not apply to events that are granted      permission to use the roadway.


SECTION 3.  Amends Chapter 102, Code of Criminal Procedure, by
adding the following:

     Article 102.0155.  COSTS FOR OFFENSE INVOLVING OPERATION OF
BICYCLE.   Requires a person convicted of an offense, in addition
to other court costs, to pay an    additional $10.  An officer
collecting costs due under this article, shall keep separate     records of the funds collected and shall deposit the funds in
the municipal or county  treasury, depending on which court issued
the conviction.  Provides for instruction on      quarterly reports
due on funds deposited.  Funds shall be remitted to the comptroller
at   the expiration of each calendar quarter.  The municipal or
county treasury may retain 10%     of funds collected an may also
retain all interest accrued on the funds.  Of each dollar   sent to
the comptroller, 50 cents shall be deposited in the bicycle safety
fund and the   remaining 50 cents will be deposited in the death
benefits fund for deceased peace   officers.


SECTION 4.  Amends Subchapter A, Chapter 615, Government Code, by
adding Section 615.009 as follows:

     Sec. 615.009.  DEATH BENEFITS FUND.  Provides for a death
benefits fund for   deceased peace officers and the deposit of
money to the credit of the fund.

SECTION 5.  Chapter 757, Health and Safety Code, as added by
Chapter 801, is redesignated as Chapter 758 and amended as follows: 
Deletes the definition of tricycle in Sec. 758.001.  Sec. 758.002
is amended to delete the reference to people who reside in
metropolitan statistical areas and deletes the provision that would
allow the department to charge a fee for the bicycle safety program
not to exceed. $15.  In Sec. 758.003, subsection (c) is added to
provided that Sections 403.095 and 403.095, Government Code, do not
apply to the bicycle safety fund.

SECTION 6.  Effective Date:  September 1, 1995.  Except that
Section 758.003(c), Health and Safety Code, takes effect
immediately.

SECTION 7.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The enacting clause of the substitute was expanded to include
consequences for certain offenses involving the operation of
bicycles on roadways.  H.B. 2929 provided for a Class A misdemeanor
for persons riding bicycles in groups of five or more to
intentionally impede the normal flow of traffic; C.S.H.B. changes
this to a Class C misdemeanor.  The original bill required that a
person convicted of a violation of Article 6701d, shall pay $2.00
in addition to other fines assessed by the court.  C.S.H.B. 2929
requires that this additional court cost will be $10.00.  The
original bill provided for the reporting of convictions regarding
the operation of bicycles in accordance with Section 152, Article
6701d, V.T.C.S.; however, the substitute addresses this section in
greater detail by adding a new Article that establishes guidelines
on costs for offense involving operation of a bicycle.  In
addition, C.S.H.B. 2929 establishes a death benefits fund for
deceased peace officers.  

SUMMARY OF COMMITTEE ACTION

H.B. 2929 was considered by the Committee on State Recreational
Resources in a public hearing on March 29, 1995.

The following persons testified in favor of the bill:

     Glenn Gadbois representing Texas Bicycle Coalition;
     Charles Gandy representing Texas Bicycle Coalition Education
Fund; and
     Doug Black representing Texas Bicycle Coalition.

The following persons testified neutrally on the bill:

     Clifton R. Burdette representing Texas Department of Public
Safety; and
     Lester Mills representing Texas Department of Public Safety.

The bill was left pending.

H.B. 2929 was considered by the Committee on State Recreational
Resources in a public hearing on April 12, 1995.

The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.