By Rosson S.B. No. 632
74R4376 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to bicycle safety.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 757, Health and Safety Code, as added by
1-5 Chapter 801, Acts of the 73rd Legislature, Regular Session, 1993,
1-6 is redesignated as Chapter 758 and amended to read as follows:
1-7 CHAPTER 758 <757>. BICYCLE SAFETY
1-8 Sec. 758.001 <757.001>. DEFINITIONS. In this chapter:
1-9 (1) "Bicycle" means a human-powered vehicle with two
1-10 wheels in tandem designed to transport by a pedaling action of a
1-11 person seated on a saddle seat.
1-12 (2) "Department" means the Department of Public
1-13 Safety.
1-14 (3) "Operator" means a person who travels by pedaling
1-15 on a bicycle seated on a saddle seat.
1-16 (4) "Other public right-of-way" means any
1-17 right-of-way, other than a public roadway or public bicycle path,
1-18 that is accessible by the public and designed for use by vehicular
1-19 or pedestrian traffic.
1-20 (5) "Public bicycle path" means a right-of-way under
1-21 the jurisdiction and control of this state or a local political
1-22 subdivision for use primarily by bicycles or by bicycles and
1-23 pedestrians.
1-24 (6) "Public roadway" means a right-of-way under the
2-1 jurisdiction and control of this state or a local political
2-2 subdivision for use primarily by motor vehicles.
2-3 <(7) "Tricycle" means a three-wheeled human-powered
2-4 vehicle that is designed to have a seat no more than two feet from
2-5 the ground and be used as a toy by a child younger than six years
2-6 of age.>
2-7 Sec. 758.002 <757.002>. BICYCLE SAFETY EDUCATION PROGRAM.
2-8 (a) The department may establish and administer a statewide
2-9 bicycle safety education program and may adopt rules to implement
2-10 the program. The program must include instruction concerning:
2-11 (1) the safe handling and use of bicycles;
2-12 (2) high risk traffic situations;
2-13 (3) bicycle and traffic handling skills;
2-14 (4) on-bike training;
2-15 (5) correct use of bicycle helmets; and
2-16 (6) traffic laws and regulations.
2-17 (b) The department may issue a certificate or other evidence
2-18 of completion to a person who has successfully completed a bicycle
2-19 education course.
2-20 (c) Subject to the establishment of a bicycle education
2-21 program by the department, a person born after December 31, 1985,
2-22 who resides in a metropolitan statistical area as defined by the
2-23 United States Office of Management and Budget may complete a
2-24 bicycle education course approved by the department before
2-25 operating a bicycle on a public roadway, public bicycle path, or
2-26 other public right-of-way. The course may be completed before the
2-27 person's 10th birthday.
3-1 (d) <The department may charge a fee for the course not to
3-2 exceed $15.>
3-3 <(e)> The department may:
3-4 (1) determine the qualifications for an instructor in
3-5 the bicycle education program;
3-6 (2) use volunteer instructors; and
3-7 (3) certify organizations to recruit and train
3-8 instructors for the program.
3-9 (e) <(f)> In administering this section, the department may
3-10 contract with an educational institution, state agency, local
3-11 government, or nonprofit organization interested in bicycle
3-12 education.
3-13 (f) <(g)> The department may accept gifts, grants, and
3-14 donations to be used in administering this section.
3-15 Sec. 758.003 <757.003>. FUND. (a) A fee collected by the
3-16 department under this chapter shall be deposited in the state
3-17 treasury to the credit of the bicycle safety fund. The department
3-18 by rule may establish a procedure to allow an educational
3-19 institution, state agency, local government, or nonprofit
3-20 organization interested in bicycle safety to retain an amount from
3-21 the fees collected to cover actual and necessary expenses.
3-22 (b) The fund may be used by the department only to:
3-23 (1) defray the costs of administering this chapter;
3-24 (2) provide a bicycle training course for a child
3-25 younger than 10 years of age who comes from a low income family;
3-26 and
3-27 (3) if funding permits, assist children from low
4-1 income families in purchasing bicycle helmets.
4-2 (c) Sections 403.094 and 403.095, Government Code, do not
4-3 apply to the bicycle safety fund.
4-4 Sec. 758.004. FEE ON SALE OF NEW BICYCLE. (a) A wholesale
4-5 or retail bicycle dealer who sells or offers to sell new bicycles
4-6 not for resale shall collect at the time and place of sale a $5
4-7 bicycle safety fee for each new bicycle sold.
4-8 (b) A dealer required to collect a fee under this section:
4-9 (1) shall list as a separate item on an invoice a fee
4-10 due under this section; and
4-11 (2) except as provided by Subsection (c), on or before
4-12 the 20th day of the month following the end of each calendar month
4-13 and on a form and in the manner prescribed by the comptroller,
4-14 shall file a report with and shall remit to the comptroller the
4-15 amount of fees collected during the preceding calendar month.
4-16 (c) A person required to collect a fee under this section
4-17 who collects less than $50 for a calendar month or less than $150
4-18 for a calendar quarter is not required to file a monthly report but
4-19 shall file a quarterly report with and make a quarterly remittance
4-20 to the comptroller. The quarterly report and remittance shall
4-21 include fees collected during the preceding calendar quarter. The
4-22 report and remittance are due not later than the 20th day of the
4-23 month following the end of the calendar quarter.
4-24 (d) An invoice or other record required by this section or
4-25 rules of the comptroller must be maintained for at least four years
4-26 after the date on which the invoice or record is prepared and be
4-27 open for inspection by the comptroller at all reasonable times.
5-1 (e) The comptroller shall adopt rules necessary for the
5-2 administration, collection, reporting, and payment of the fees
5-3 payable or collected under this section.
5-4 (f) Subtitles A and B, Title 2, Tax Code, apply to a fee
5-5 collected under this section.
5-6 (g) The comptroller may deduct a percentage of the fees
5-7 collected under this section, not to exceed four percent of
5-8 receipts, to pay the reasonable and necessary costs of
5-9 administering and enforcing this section. The comptroller shall
5-10 credit the amount deducted to the general revenue fund. The
5-11 balance of the fees, penalties, and interest collected by the
5-12 comptroller under this section shall be deposited to the credit of
5-13 the bicycle safety fund created under Section 758.003.
5-14 SECTION 2. (a) This Act takes effect September 1, 1995,
5-15 except that Section 758.003(c), Health and Safety Code, as added by
5-16 this Act, takes effect immediately.
5-17 (b) Section 758.004, Health and Safety Code, as added by
5-18 this Act, applies to the sale of a new bicycle that occurs on or
5-19 after September 1, 1995.
5-20 SECTION 3. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended,
5-25 and that this Act take effect and be in force according to its
5-26 terms, and it is so enacted.