BILL ANALYSIS



S.B. 337
By: Zaffirini (Carter)
05-03-95
Committee Report (Unamended)


BACKGROUND

In 1993, 52 Texans were killed and over 2,700 injured in
bicycle/vehicle related accidents.  Each year in the United States,
more than 1,300 bicyclist are killed and over 574,000 seek
treatment in emergency rooms for bicycle related injuries.  Head
injury is the most common cause of injury and serious disability in
bicycle crashes.

The median cost for acute inpatient treatment and rehabilitation of
a bicycle-related head injury is $11,306.  The average life-long
cost for a person who has a severe brain injury is $4.5 million. 
The Texas Rehabilitation Commission reports costs for just
vocational rehabilitation services for head injured bicyclist
exceeds $110,000.

Bicycle helmets reduce the risk of head injuries by 85%.  Because
of the effectiveness of helmets in reducing deaths and injuries,
nine states and many other counties and municipalities have adopted
bicycle helmet laws.

The simple use of an appropriate helmet can reduce unnecessary
bicycle related deaths and injuries.

PURPOSE

S.B. 337 will require persons younger than 18 years of age who ride
bicycles on a public roadway, path or right-of-way to wear a
protective bicycle helmet.

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. Chapter 757, Health and Safety Code, as added by Chapter
801, Acts of the 73rd Legislature, Regular Session, 1993, is
redesigned as Chapter 758 and amended as follows:
Sec. 758.001   Adds the definition of "protective bicycle helmet".
Amends the definition of "Other public right-of-way."  Deletes the
definition of "Tricycle".

Sec. 758.002   Clarifies that instruction include protective
bicycle helmets.  Clarifies that, if funding permits, DPS will
assist children from low income families in purchasing protective
bicycle helmets.

Sec. 758.003   Adds the word protective before helmet.

Sec. 758.004   Requires a person 18 years or younger operating a
bicycle on a public roadway, path or right-of-way, to use a
protective bicycle helmet.  States that a parent or legal guardian
may not knowingly or recklessly permit a person younger than 18
years of age to operate a bicycle without a helmet.

Sec. 758.005   Provides that a person regularly engaged in the
business of selling bicycles must provide a written statement
explaining the requirement of wearing a protective helmet. 
Provides that a person may not rent a bicycle to a person unless
the operator posses a helmet or a helmet is included in the rental.

Sec. 758.006   Provides that evidence of either wearing or not
wearing a helmet is not admissible as evidence in a civil trial.

SECTION 2. Effective Date.

SECTION 3. Emergency Clause.


SUMMARY OF COMMITTEE ACTION

SB 337 was considered by the committee in a public hearing on April
26, 1995.  The following person testified for the bill: Glen
Gadbois, representing himself.  The bill was reported favorably
without amendment with the recommendation that it do pass and be
printed by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.