1-1 By: McReynolds (Senate Sponsor - Zaffirini) H.B. No. 1378 1-2 (In the Senate - Received from the House April 23, 2001; 1-3 April 24, 2001, read first time and referred to Committee on State 1-4 Affairs; May 7, 2001, reported favorably by the following vote: 1-5 Yeas 7, Nays 0; May 7, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the application of vehicle and traffic law to certain 1-9 mobility assistance devices. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter F, Chapter 502, Transportation Code, is 1-12 amended by adding Section 502.2861 to read as follows: 1-13 Sec. 502.2861. The owner of a motorized mobility device, as 1-14 defined by Section 542.008, is not required to register the 1-15 motorized mobility device. 1-16 SECTION 2. Subchapter A, Chapter 542, Transportation Code, is 1-17 amended by adding Section 542.008 to read as follows: 1-18 Sec. 542.008. OPERATORS OF CERTAIN MOBILITY DEVICES. (a) In 1-19 this section, "motorized mobility device" means a device designed 1-20 for transportation of persons with physical disabilities that: 1-21 (1) has three or more wheels; 1-22 (2) is propelled by a battery-powered motor; 1-23 (3) has not more than one forward gear; and 1-24 (4) is not capable of speeds exceeding eight miles per 1-25 hour. 1-26 (b) For the purposes of this subtitle, a person operating a 1-27 nonmotorized wheelchair or motorized mobility device is considered 1-28 to be a pedestrian. 1-29 SECTION 3. Section 552.006(a), Transportation Code, is 1-30 amended to read as follows: 1-31 (a) A pedestrian may not walk along and on a roadway if an 1-32 adjacent sidewalk is provided and is accessible to the pedestrian. 1-33 SECTION 4. This Act takes effect immediately if it receives 1-34 a vote of two-thirds of all the members elected to each house, as 1-35 provided by Section 39, Article III, Texas Constitution. If this 1-36 Act does not receive the vote necessary for immediate effect, this 1-37 Act takes effect September 1, 2001. 1-38 * * * * *