JWW C.S.H.B. 797 75(R)BILL ANALYSIS PUBLIC SAFETY C.S.H.B. 797 By: Carter/et al. 3-10-97 Committee Report (Substituted) BACKGROUND In 1993, 52 Texans were killed and over 2,700 injured in bicycle/vehicle related accidents. Each year in the United States more than 900 bicyclists are killed, 20,000 are admitted to hospitals, and 580,000 receive emergency treatment. The median cost for treatment per bicycle related head injury in the state of Texas is $11,306. The average life-long cost for a person who has a severe brain injury is $4.5 million. The Texas Rehabilitation Commission reports cost for vocational rehabilitation services alone for a head injured bicyclist exceed $110,000. According to the Johns Hopkins Injury Prevention Center, Bicyclists hospitalized with head injuries are 20 times more likely to die as those without. In addition, Bicycle death rates per 100,000 population are highest at ages 10-14. Bicycle helmets reduce the risk of head injury by 85%. PURPOSE This bill will require persons under the age of eighteen to wear an approved protective bicycle helmet when riding on a public roadway, path or right-of- way. Offenders will be fined. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 758.001, Health and Safety Code as follows: (5) adds the definition of "protective bicycle helmet;" (6) formerly (5); (7) removes the definition of "tricycle" and replaces with the former (6). SECTION 2. Amends Section 758.002, Health and Safety Code as follows: (a)(5) adds "protective" to the definition of bicycle helmets. SECTION 3. Amends Section 758.003, Health and Safety Code as follows: (b)(3) adds "protective" to the definition of bicycle helmets. SECTION 4. Chapter 758, Health and Safety Code is amended by adding the following sections: Section 758.004. REQUIREMENTS FOR PROTECTIVE BICYCLE HELMET USE. (a) applies to the use of a bicycle on a public roadway, public bicycle path, or other public right of way. (b) requires all persons under age 18 to correctly wear a properly fitting protective bicycle helmet. (c) requires the parent or legal guardian of a person under age 18 to not allow the person to operate, or ride as a passenger on a bicycle without a protective helmet. Section 758.005. RENTAL OF BICYCLES. (a) requires persons who rent bicycles to provide a written explanation of Section 758.004 to each renter. (b) a bicycle offered for rent must include a protective bicycle helmet for each operator or passenger under the age of 18 not in possession of a helmet at the time of rental. Section 758.006. CRIMINAL PENALTY. (a) It is an offense to violate Section 758.004 or 758.005. (b) The offense is a misdemeanor punishable by a fine of $25 for the first offense and $50 for subsequent offenses. (c) On a first offense of Section 758.004, the court may waive the fine imposed if the person can show proof that they have acquired a protective bicycle helmet since the time of the violation. (d) Section 758.007. FINES. On or before the the last day of the month following each calendar quarter, the custodian of the county treasury will remit to the comptroller half of the amount of fines collected under Section 758.006. The county may keep one half of the fees plus the interest earned as a service fee if the county maintains a record of fines collected and remits one half the fines owed to the comptroller by the prescribed date. The comptroller is required to deposit all money received from counties to the bicycle safety fund as described in Section 758.003. Section 758.008. LOCAL REGULATION. If a local subdivision adopts or enforces local regulation regarding the use of protective bicycle helmets more stringent than this chapter, this section will not preempt those local regulations. Section 758.009. DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION OF TEEN COURT PROGRAM. A juvenile court may defer adjudication proceedings under this chapter if the child completes the requirements of Article 45.55, Code of Criminal Procedure. SECTION 5 (a) Effective date: September 1, 1997 (b) Effective date for Sections 758.006 and 758.007: January 1, 1998 SECTION 6 Emergency clause COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 4 Section 758.005 Removes "SALE OR" from the title "RENTAL OF BICYCLES." (a) Removes all references to persons or businesses that sell bicycles. Businesses that offer bicycles for rent are required to provide a written explanation of the law as provided by Section 758.004. (b)(2) Adds "younger than 18 years of age." This change removes the requirement that rental businesses require every operator or passenger to have a protective bicycle helmet at the time of rental. This applies only to renters under age 18. (c)(1)(2)(d) These subsections are deleted.