SRC-SEW H.B. 1378 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1378
77R3893 DWS-DBy: McReynolds (Zaffirini)
State Affairs
4/27/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, motorized mobility devices used by persons with
disabilities are classified as motor vehicles. As such, all persons using a
wheelchair or scooter are technically required to register with the state
and have a license to operate these devices. This classification also
prevents motorized mobility devices from being lawfully operated on
sidewalks. H.B. 1378 exempts the owner of a motorized mobility device from
vehicle registration requirements and allows such devices to be operated on
sidewalks.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 502F, Transportation Code, by adding Section
502.2861, as follows: 
 
Sec. 502.2861.  Provides that the owner of a motorized mobility device, as
defined by Section 542.008, is not required to register the motorized
mobility device. 

SECTION 2.  Amends Chapter 542A, Transportation Code, by adding Section
542.008, as follows: 
 
Sec. 542.008.  OPERATORS OF CERTAIN MOBILITY DEVICES.  Defines "motorized
mobility device."  Provides that, for the purposes of this subtitle, a
person operating a nonmotorized wheelchair or motorized mobility device is
considered to be a pedestrian. 

SECTION 3.  Amends Section 552.006(a), Transportation Code, to prohibit a
pedestrian from walking along and on a roadway if an adjacent sidewalk is
provided and is accessible to the pedestrian. 
 
SECTION 4.  Effective date: upon passage or September 1, 2001.