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.