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.