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                                  * * * * *