74R9895 MLR-D
By Black H.B. No. 2929
Substitute the following for H.B. No. 2929:
By Siebert C.S.H.B. No. 2929
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the safe operation of bicycles on roadways and to the
1-3 consequences of certain offenses involving the operation of
1-4 bicycles on roadways; creating an offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 152(a) and (b), Uniform Act Regulating
1-7 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
1-8 are amended to read as follows:
1-9 (a) Every magistrate or judge of a court not of record and
1-10 every clerk of a court of record shall keep a full record of every
1-11 case in which a person is charged with any violation of this Act or
1-12 of any other law regulating the operation of vehicles on highways,
1-13 including a violation involving the operation of a bicycle.
1-14 (b) Within thirty (30) days after conviction or forfeiture
1-15 of bail of a person upon a charge of violating any provision of
1-16 this Act or other law regulating the operation of vehicles on
1-17 highways, including a violation involving the operation of a
1-18 bicycle, every said magistrate of the court or clerk of the court
1-19 in which such conviction was had or bail was forfeited shall
1-20 prepare and immediately forward to the department a written record
1-21 covering the case in which said person was so convicted or
1-22 forfeited bail and containing the information required in
1-23 Subsection (c) of this section. A justice of the peace or
2-1 municipal judge who defers further proceedings, suspends all or
2-2 part of the imposition of the fine, and places a defendant on
2-3 probation under Article 45.54, Code of Criminal Procedure, or a
2-4 county court judge who follows the same procedure pursuant to
2-5 Article 42.111, Code of Criminal Procedure, may not cause to be
2-6 forwarded a written record to the department unless the justice or
2-7 judge subsequently proceeds with an adjudication of guilt, in which
2-8 event the justice or judge shall cause to be forwarded the written
2-9 record not later than the thirtieth (30th) day after the date on
2-10 which the justice or judge adjudicates guilt. The department may
2-11 not collect a written record that is prohibited from being reported
2-12 under this subsection.
2-13 SECTION 2. Article XXI, Uniform Act Regulating Traffic on
2-14 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
2-15 by adding Section 182A to read as follows:
2-16 Sec. 182A. IMPEDING TRAFFIC ON ROADWAY. (a) A person
2-17 operating a bicycle on a roadway commits an offense if the person
2-18 knowingly rides in a group of five or more bicyclists and the group
2-19 intentionally impedes the normal and reasonable flow of other
2-20 traffic on the roadway.
2-21 (b) An offense under this section is a Class C misdemeanor.
2-22 (c) This section does not apply to an event for which
2-23 permission is granted to use the roadway by the entity with
2-24 jurisdiction over the roadway.
2-25 SECTION 3. Chapter 102, Code of Criminal Procedure, is
3-1 amended by adding Article 102.0155 to read as follows:
3-2 Art. 102.0155. COSTS FOR OFFENSE INVOLVING OPERATION OF
3-3 BICYCLE. (a) In addition to other court costs, a person convicted
3-4 of an offense under Article XXI, Uniform Act Regulating Traffic on
3-5 Highways (Article 6701d, Vernon's Texas Civil Statutes), shall pay
3-6 $10 as court costs.
3-7 (b) The officer shall collect the costs in the same manner
3-8 as other costs are collected in the case.
3-9 (c) In this article, a person is considered to have been
3-10 convicted in a case if:
3-11 (1) a sentence is imposed;
3-12 (2) the defendant receives probation or deferred
3-13 adjudication; or
3-14 (3) the court defers final disposition of the case.
3-15 (d) An officer collecting costs due under this article in
3-16 cases in municipal court shall keep separate records of the funds
3-17 collected as costs under this article and shall deposit the funds
3-18 in the municipal treasury.
3-19 (e) An officer collecting costs due under this article in
3-20 justice or county court shall keep separate records of the funds
3-21 collected as costs under this article and shall deposit the funds
3-22 in the county treasury.
3-23 (f) An officer collecting costs due under this article in
3-24 county courts on appeal from justice or municipal courts shall keep
3-25 separate records of the funds collected under this article and
4-1 shall deposit the funds in the county treasury.
4-2 (g) Officers collecting funds due as costs under this
4-3 article shall file the report required under Article 103.005 of
4-4 this code. If no funds due as costs under this article have been
4-5 collected in any quarter, the report required for each quarter
4-6 shall be filed in the regular manner, and the report shall state
4-7 that no funds due under this article were collected.
4-8 (h) The custodians of the municipal and county treasuries
4-9 may deposit the funds collected under this article in
4-10 interest-bearing accounts. The custodians shall keep records of
4-11 the amount of funds collected under this article that are on
4-12 deposit with the custodian and shall, not later than the last day
4-13 of the month following the expiration of each calendar quarter,
4-14 remit to the comptroller funds collected under this article during
4-15 the preceding quarter, in the manner required by the comptroller.
4-16 (i) A municipal or county treasury may retain 10 percent of
4-17 funds collected in this article as a service fee for the collection
4-18 and may also retain all interest accrued on the funds if the
4-19 custodian of the treasury keeps records of the amount of funds
4-20 collected under this article that are on deposit with the treasury
4-21 and remits the funds to the comptroller within the period
4-22 prescribed in Subsection (h) of this article.
4-23 (j) Of each dollar sent to the comptroller under this
4-24 article:
4-25 (1) 50 cents shall be deposited to the credit of the
5-1 bicycle safety fund; and
5-2 (2) the remaining 50 cents shall be deposited to the
5-3 credit of the death benefits fund for deceased peace officers under
5-4 Section 615.009, Government Code.
5-5 SECTION 4. Subchapter A, Chapter 615, Government Code, is
5-6 amended by adding Section 615.009 to read as follows:
5-7 Sec. 615.009. DEATH BENEFITS FUND. (a) The death benefits
5-8 fund for deceased peace officers is established as a special fund
5-9 in the state treasury.
5-10 (b) The comptroller shall deposit money described by Article
5-11 102.0155, Code of Criminal Procedure, to the credit of the fund.
5-12 (c) The fund may be used to provide benefits under this
5-13 chapter.
5-14 (d) Sections 403.094 and 403.095, Government Code, do not
5-15 apply to the fund.
5-16 SECTION 5. Chapter 757, Health and Safety Code, as added by
5-17 Chapter 801, Acts of the 73rd Legislature, Regular Session, 1993,
5-18 is redesignated as Chapter 758 and amended to read as follows:
5-19 CHAPTER 758 <757>. BICYCLE SAFETY
5-20 Sec. 758.001 <757.001>. DEFINITIONS. In this chapter:
5-21 (1) "Bicycle" means a human-powered vehicle with two
5-22 wheels in tandem designed to transport by a pedaling action of a
5-23 person seated on a saddle seat.
5-24 (2) "Department" means the Department of Public
5-25 Safety.
6-1 (3) "Operator" means a person who travels by pedaling
6-2 on a bicycle seated on a saddle seat.
6-3 (4) "Other public right-of-way" means any
6-4 right-of-way, other than a public roadway or public bicycle path,
6-5 that is accessible by the public and designed for use by vehicular
6-6 or pedestrian traffic.
6-7 (5) "Public bicycle path" means a right-of-way under
6-8 the jurisdiction and control of this state or a local political
6-9 subdivision for use primarily by bicycles or by bicycles and
6-10 pedestrians.
6-11 (6) "Public roadway" means a right-of-way under the
6-12 jurisdiction and control of this state or a local political
6-13 subdivision for use primarily by motor vehicles.
6-14 <(7) "Tricycle" means a three-wheeled human-powered
6-15 vehicle that is designed to have a seat no more than two feet from
6-16 the ground and be used as a toy by a child younger than six years
6-17 of age.>
6-18 Sec. 758.002 <757.002>. BICYCLE SAFETY EDUCATION PROGRAM.
6-19 (a) The department may establish and administer a statewide
6-20 bicycle safety education program and may adopt rules to implement
6-21 the program. The program must include instruction concerning:
6-22 (1) the safe handling and use of bicycles;
6-23 (2) high risk traffic situations;
6-24 (3) bicycle and traffic handling skills;
6-25 (4) on-bike training;
7-1 (5) correct use of bicycle helmets; and
7-2 (6) traffic laws and regulations.
7-3 (b) The department may issue a certificate or other evidence
7-4 of completion to a person who has successfully completed a bicycle
7-5 education course.
7-6 (c) Subject to the establishment of a bicycle education
7-7 program by the department, a person born after December 31, 1985,
7-8 <who resides in a metropolitan statistical area as defined by the
7-9 United States Office of Management and Budget> may complete a
7-10 bicycle education course approved by the department before
7-11 operating a bicycle on a public roadway, public bicycle path, or
7-12 other public right-of-way. The course may be completed before the
7-13 person's 10th birthday.
7-14 (d) <The department may charge a fee for the course not to
7-15 exceed $15.>
7-16 <(e)> The department may:
7-17 (1) determine the qualifications for an instructor in
7-18 the bicycle education program;
7-19 (2) use volunteer instructors; and
7-20 (3) certify organizations to recruit and train
7-21 instructors for the program.
7-22 (e) <(f)> In administering this section, the department may
7-23 contract with an educational institution, state agency, local
7-24 government, or nonprofit organization interested in bicycle
7-25 education.
8-1 (f) <(g)> The department may accept gifts, grants, and
8-2 donations to be used in administering this section.
8-3 Sec. 758.003 <757.003>. FUND. (a) A fee collected by the
8-4 department under this chapter shall be deposited in the state
8-5 treasury to the credit of the bicycle safety fund. The department
8-6 by rule may establish a procedure to allow an educational
8-7 institution, state agency, local government, or nonprofit
8-8 organization interested in bicycle safety to retain an amount from
8-9 the fees collected to cover actual and necessary expenses.
8-10 (b) The fund may be used by the department only to:
8-11 (1) defray the costs of administering this chapter;
8-12 (2) provide a bicycle training course for a child
8-13 younger than 10 years of age <who comes from a low income family>;
8-14 and
8-15 (3) if funding permits, assist children from low
8-16 income families in purchasing bicycle helmets.
8-17 (c) Sections 403.094 and 403.095, Government Code, do not
8-18 apply to the bicycle safety fund.
8-19 SECTION 6. (a) This Act takes effect September 1, 1995,
8-20 except that Section 758.003(c), Health and Safety Code, as added by
8-21 this Act, takes effect immediately.
8-22 (b) The change in law made by Section 3 of this Act applies
8-23 only to an offense committed on or after the effective date of that
8-24 section. An offense committed before the effective date of Section
8-25 3 of this Act is covered by the law in effect when the offense was
9-1 committed, and the former law is continued in effect for that
9-2 purpose. For purposes of this section, an offense was committed
9-3 before the effective date of Section 3 of this Act if any element
9-4 of the offense occurred before that date.
9-5 SECTION 7. The importance of this legislation and the
9-6 crowded condition of the calendars in both houses create an
9-7 emergency and an imperative public necessity that the
9-8 constitutional rule requiring bills to be read on three several
9-9 days in each house be suspended, and this rule is hereby suspended,
9-10 and that this Act take effect and be in force according to its
9-11 terms, and it is so enacted.