SRC-BWC C.S.H.B. 2204 77(R)    BILL ANALYSIS


Senate Research CenterC.S.H.B. 2204
77R16118 JAT-FBy: Gutierrez (Moncrief)
State Affairs
5-10-2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

The population growth of Texas continues to aggravate the congestion and
dangers inherent in traffic flow within our communities.  Neighborhoods and
existing road systems developed for smaller populations face increasing
pressures from higher traffic density.  Currently, use of alternative modes
of transportation, such as cycling or walking, is limited.  Additionally,
proper safeguards necessary to protect the cyclist or pedestrian are
lacking.  C.S.H.B. 2204 sets forth provisions for the enforcement of safety
regulations regarding bicyclists and pedestrians.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Public
Safety in SECTION 3 (Section 370.004, Local Government Code), SECTION 4
(Section 201.614, Transportation Code), and SECTION 13 (Section 551.106,
Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS


SECTION 1.  Authorizes this Act to be called the Matthew Brown Act.

SECTION 2.  Amends Section 411.0175, Government Code, to make a reference
to "motor vehicle" as "vehicle."  Requires the Department of Public Safety
(department) to annually or more frequently publish statistical information
derived from the accident reports as to the number, cause, and location of
highway accidents, including information regarding the number of accidents
involving injury to, death of, or property damage to a bicyclist or
pedestrian. 

SECTION 3.  Amends Chapter 370, Local Government Code, by adding Section
370.004, as follows: 

Sec. 370.004.  REQUIRED WEARING OF BICYCLE HELMETS.  Authorizes the
governing body of a municipality by ordinance to require a child younger
than 16 years of age to wear a bicycle helmet while operating a bicycle in
the municipality.  Authorizes the commissioners court of a county by order
to require a child younger than 16 years of age to wear a bicycle helmet
while operating a bicycle in the unincorporated area of the county.
Authorizes the governing body of a municipality or the commissioners court
of a county to adopt an ordinance or order under this section only if the
department determines certain information.  Requires an ordinance or order
adopted under this section to provide certain information.  Requires the
department to adopt rules to implement this section. 

SECTION 4.  Amends Chapter 201H, Transportation Code, by adding Section
201.614, as follows: 
 
Sec. 201.614.  SAFE ROUTES TO SCHOOL PROGRAM.  Requires the department to
establish and administer a Safe Routes to School Program to distribute
money received under the Hazard Elimination Program (23 U.S.C. Section
152), as amended, to political subdivisions for projects to improve safety
in and around school areas.  Authorizes projects eligible to  receive money
under this program to include installation of new crosswalks and bike
lanes; construction of multiuse trails; construction and replacement of
sidewalks; implementation of traffic-calming programs in neighborhoods
around schools; and construction of wide outside lanes to be used as bike
routes.  Requires the department, in considering project proposals under
this section, to consider certain information.  Authorizes the department
to allocate money received by the department from the federal government
under the Hazard Elimination Program (23. U.S.C. Section 152), as amended,
to projects under this section.  Requires the department to adopt rules to
implement this section.   

SECTION 5.  Amends Chapter 502A, Transportation Code, by adding Section
502.0075, as follows: 

Sec. 502.0075.  ELECTRIC BICYCLES.  Defines "electric bicycle."  Provides
that this chapter does not require the owner of an electric bicycle to
register the electric bicycle. 

SECTION 6.  Amends Section 541.201, Transportation Code, to provide that
the term "electric bicycle" is not included in the definition of
"motor-driven cycle."  Defines "electric bicycle." 

SECTION 7.  Amends Section 542.202(a), Transportation Code, to provide that
this subtitle does not prevent a local authority, with respect to a highway
under its jurisdiction and in the reasonable exercise of the police power,
from regulating the operation and requiring registration and licensing of a
bicycle or electric bicycle, including payment of a registration fee,
except as provided by Section 511.106. 

SECTION 8.  Amends Sections 545.065(a) and (c), Transportation Code, to
authorize a local authority by ordinance to prohibit the use of a
limited-access or controlled-access roadway under the jurisdiction of the
authority by an electric bicycle.  Makes a conforming change. 

SECTION 9.  Amends Section 547.002, Transportation Code, to provide that
this chapter and the rules of the department adopted under this chapter do
not apply, unless a provision is specifically made applicable, to an
electric bicycle, an electric bicyclist, or electric bicycle equipment. 

SECTION 10.  Amends Section 551.002, Transportation Code, as follows:

Sec. 551.002.  MOPED AND ELECTRIC BICYCLE INCLUDED.  Provides that a
provision of this subtitle applicable to a bicycle also applies to an
electric bicycle, other than a provision that by its nature cannot apply to
an electric bicycle. 

SECTION 11.  Amends Section 551.103(a), Transportation Code, to require a
person operating a bicycle on a roadway who is moving slower than the other
traffic on the roadway, except as provided by this section, to ride as near
as practicable to the right curb or edge of the roadway, unless the person
is operating a bicycle in an outside lane that is less than 14 feet in
width and does not have a designated bicycle lane adjacent to the lane, or
is too narrow for a bicycle and a motor vehicle to safely travel side by
side. 

SECTION 12. Amends Section 551.104, Transportation Code, to make
nonsubstantive changes. 

SECTION 13.  Amends Chapter 551B, Transportation Code, by adding Section
551.106, as follows: 

Sec. 551.106.  REGULATION OF ELECTRIC BICYCLES.  Prohibits the department
or a local authority from prohibiting the use of an electric bicycle on a
highway that is used primarily by motor vehicles.  Authorizes the
department or a local authority to prohibit the use of an electric bicycle
on a highway used primarily by pedestrians.  Requires the department to
establish rules for the administration of this section. 

SECTION 14.  Repealer:  Section 551.103(d) (Operation on Roadway),
Transportation Code.  

 SECTION 15.  Effective date: September 1, 2001.