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.