BILL ANALYSIS


                                                         S.B. 337
                                                    By: Zaffirini
                                        Health and Human Services
                                                          2-16-95
                                     Committee Report (Unamended)
BACKGROUND

Bicycle crashes cause approximately 1000 deaths per year in the
United States, and 62 percent of these deaths are related to head
injury.  Nearly 180,000 bicycle riders sustain head injuries every
year.  Children younger than 15 years old have the highest bicycle-associated head injury death rates and head injury rates in the
United States, accounting for 41 percent of all head injury deaths
and 76 percent of all head injuries.  Use of bicycle helmets
reduces the risk of head injury by 85 percent, yet fewer than 2
percent of all children wear helmets. 

PURPOSE

As proposed, S.B. 337 requires the use of protective bicycle
helmets by individuals younger than 18 years of age.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Redesignates and amends Chapter 757, Health and Safety
Code, as follows:

                   Chapter 758.  BICYCLE SAFETY

Sec. 758.001.  DEFINITIONS.  Defines "protective bicycle helmet"
and deletes the definition of "tricycle." 

Sec. 758.002.  BICYCLE SAFETY EDUCATION PROGRAM.  Authorizes the
Texas Department of Health to solicit, in addition to accepting,
gifts from certain organizations to be used to subsidize protective
bicycle helmet (helmet) purchases for children from low-income
families and to educate children about bicycle safety.  Makes
nonsubstantive changes.

Sec. 758.003.  FUND.  Makes a nonsubstantive change.

Sec. 758.004.  REQUIREMENTS FOR PROTECTIVE BICYCLE HELMET USE.  (a)
Provides that this section applies to the use of a bicycle on
public right-of-ways.

       (b) Requires a person younger than 18 years to wear a helmet
       properly when operating or riding on a bicycle.
       
       (c) Prohibits a parent or legal guardian of a person younger
       than 18 years from knowingly or recklessly permitting the
       person to operate or ride a bicycle without a helmet.
Sec. 758.005.  RENTAL OR SALE OF BICYCLES.  (a) Requires a person
renting or selling bicycles to conspicuously post the law requiring
a person to wear a helmet.

       (b) Prohibits a person from renting a bicycle to or for the
       use of a person younger than 18 years unless each person
       under 18 years possess a helmet at the time of rental or the
       rental agreement includes a helmet.
SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.