1-1                                   AN ACT
 1-2     relating to the application of vehicle and traffic law to certain
 1-3     mobility assistance devices.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter F, Chapter 502, Transportation Code, is
 1-6     amended by adding Section 502.2861 to read as follows:
 1-7           Sec. 502.2861.  The owner of a motorized mobility device, as
 1-8     defined by Section 542.008, is not required to register the
 1-9     motorized mobility device.
1-10           SECTION 2. Subchapter A, Chapter 542, Transportation Code, is
1-11     amended by adding Section 542.008 to read as follows:
1-12           Sec. 542.008.  OPERATORS OF CERTAIN MOBILITY DEVICES. (a)  In
1-13     this section, "motorized mobility device" means a device designed
1-14     for transportation of persons with physical disabilities that:
1-15                 (1)  has three or more wheels;
1-16                 (2)  is propelled by a battery-powered motor;
1-17                 (3)  has not more than one forward gear; and
1-18                 (4)  is not capable of speeds exceeding eight miles per
1-19     hour.
1-20           (b)  For the purposes of this subtitle, a person operating a
1-21     nonmotorized wheelchair or motorized mobility device is considered
1-22     to be a pedestrian.
1-23           SECTION 3. Section 552.006(a), Transportation Code, is
1-24     amended to read as follows:
 2-1           (a)  A pedestrian may not walk along and on a roadway if an
 2-2     adjacent sidewalk is provided and is accessible to the pedestrian.
 2-3           SECTION 4.  This Act takes effect immediately if it receives
 2-4     a vote of two-thirds of all the members elected to each house, as
 2-5     provided by Section 39, Article III, Texas Constitution.  If this
 2-6     Act does not receive the vote necessary for immediate effect, this
 2-7     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1378 was passed by the House on April
         20, 2001, by the following vote:  Yeas 142, Nays 0, 2 present, not
         voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1378 was passed by the Senate on May
         15, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor