77R11527 JAT-F
By Gutierrez, Maxey, Kitchen, Villarreal, H.B. No. 2203
Burnam, et al.
Substitute the following for H.B. No. 2203:
By Alexander C.S.H.B. No. 2203
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the construction of facilities and trails for bicycles,
1-3 electric bicycles, and pedestrians and to the safe operation of
1-4 bicycles and electric bicycles.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. This Act may be called the Matthew Brown Act.
1-7 SECTION 2. Chapter 370, Local Government Code, is amended by
1-8 adding Section 370.004 to read as follows:
1-9 Sec. 370.004. REQUIRED WEARING OF BICYCLE HELMETS. (a) The
1-10 governing body of a municipality by ordinance may require a child
1-11 younger than 16 years of age to wear a bicycle helmet while
1-12 operating a bicycle in the municipality. The commissioners court
1-13 of a county by order may require a child younger than 16 years of
1-14 age to wear a bicycle helmet while operating a bicycle in the
1-15 unincorporated area of the county.
1-16 (b) The governing body of a municipality or the
1-17 commissioners court of a county may adopt an ordinance or order
1-18 under Subsection (a) only if the Department of Public Safety
1-19 determines that:
1-20 (1) all school districts located in the county or
1-21 municipality, as applicable, have adopted a bicycle safety
1-22 education program for elementary schools equivalent to the program
1-23 described by Section 758.002, Health and Safety Code; and
1-24 (2) the county or municipality has adopted a program
2-1 to:
2-2 (A) provide children younger than 16 years of
2-3 age from low-income families with bicycle helmets; or
2-4 (B) work with a civic or other organization to
2-5 provide bicycle helmets to children younger than 16 years of age
2-6 from low-income families.
2-7 (c) An ordinance or order adopted under Subsection (a) must
2-8 provide that:
2-9 (1) a child who violates the ordinance or order is
2-10 liable to the municipality or county for a civil penalty not to
2-11 exceed $20; and
2-12 (2) for a first offense within a 12-month period the
2-13 civil penalty shall be waived if the child and a parent or guardian
2-14 of the child appear before the enforcing authority and provide
2-15 evidence satisfactory to the enforcing authority that the child or
2-16 a parent or guardian of the child has acquired, by purchase or
2-17 otherwise, a bicycle helmet for the child to wear while operating a
2-18 bicycle.
2-19 (d) The Department of Public Safety shall adopt rules to
2-20 implement this section.
2-21 SECTION 3. Subchapter C, Chapter 11, Parks and Wildlife
2-22 Code, is amended by adding Sections 11.046 and 11.047 to read as
2-23 follows:
2-24 Sec. 11.046. TEXAS PARKS AND WILDLIFE TRAILS ACCOUNT. (a)
2-25 The Texas parks and wildlife trails account is an account in the
2-26 general revenue fund.
2-27 (b) The account consists of money credited to the account
3-1 under Section 11.047.
3-2 (c) Money in the account may be appropriated only for
3-3 projects approved by the commission to construct multiuse trails
3-4 and bicycle facilities in accordance with Section 13.023.
3-5 Sec. 11.047. SUPPLEMENTAL BICYCLE AND PEDESTRIAN FACILITIES
3-6 FEE. (a) In this section:
3-7 (1) "Bicycle" includes an electric bicycle.
3-8 (2) "Merchant" means a person who holds a sales tax
3-9 permit or is a retailer registered under Chapter 151, Tax Code.
3-10 (3) "Nonmotorized mode of transportation" includes a
3-11 tricycle or quadricycle, a nonmotorized scooter, roller skates,
3-12 inline skates, and a skateboard.
3-13 (b) A merchant who sells a bicycle or a nonmotorized mode of
3-14 transportation for $50 or more shall collect a fee of $5. The
3-15 merchant shall remit the fee to the comptroller for deposit to the
3-16 credit of the Texas parks and wildlife trails account under Section
3-17 11.046.
3-18 (c) The comptroller shall enforce this section in the manner
3-19 authorized by Chapter 151, Tax Code.
3-20 (d) Of each fee received under this section, the comptroller
3-21 may retain five cents to pay the costs of administering this
3-22 section.
3-23 (e) The comptroller has exclusive jurisdiction to interpret
3-24 this section.
3-25 SECTION 4. Subchapter A, Chapter 13, Parks and Wildlife
3-26 Code, is amended by adding Section 13.023 to read as follows:
3-27 Sec. 13.023. CONSTRUCTION OF BICYCLE AND PEDESTRIAN
4-1 FACILITIES. The department shall construct multiuse trails and
4-2 bicycle facilities for public use using money from the Texas parks
4-3 and wildlife trails account under Section 11.046. The department
4-4 may contract with governmental agencies or with private
4-5 individuals, agencies, or organizations to construct trails under
4-6 this section.
4-7 SECTION 5. Subchapter H, Chapter 201, Transportation Code,
4-8 is amended by adding Section 201.614 to read as follows:
4-9 Sec. 201.614. SAFE ROUTES TO SCHOOL PROGRAM. (a) The
4-10 department shall establish and administer a Safe Routes to School
4-11 Program to distribute federal grants under the Hazard Elimination
4-12 Program (23 U.S.C. Section 152), as amended, to political
4-13 subdivisions for projects to improve safety in and around school
4-14 areas. Projects eligible to receive grants under this program may
4-15 include:
4-16 (1) installation of new crosswalks and bike lanes;
4-17 (2) construction of multiuse trails;
4-18 (3) construction and replacement of sidewalks;
4-19 (4) implementation of traffic-calming programs in
4-20 neighborhoods around schools; and
4-21 (5) construction of wide outside lanes to be used as
4-22 bike routes.
4-23 (b) The department, in considering grant proposals under
4-24 this section, shall consider:
4-25 (1) the demonstrated need of the applicant;
4-26 (2) the potential of the proposal to reduce child
4-27 injuries and fatalities;
5-1 (3) the potential of the proposal to encourage walking
5-2 and bicycling among students;
5-3 (4) identification of safety hazards;
5-4 (5) identification of current and potential walking
5-5 and bicycling routes to school; and
5-6 (6) support for the projects proposed by local
5-7 school-based associations, traffic engineers, elected officials,
5-8 law enforcement agencies, and school officials.
5-9 (c) The department shall give priority in allocating money
5-10 received by the department from the federal government under the
5-11 Hazard Elimination Program (23 U.S.C. Section 152), as amended, to
5-12 grants under this section.
5-13 (d) The department shall adopt rules to implement this
5-14 section.
5-15 SECTION 6. Subchapter A, Chapter 502, Transportation Code,
5-16 is amended by adding Section 502.0075 to read as follows:
5-17 Sec. 502.0075. ELECTRIC BICYCLES. (a) In this section,
5-18 "electric bicycle" has the meaning assigned by Section 541.201.
5-19 (b) This chapter does not require the owner of an electric
5-20 bicycle to register the electric bicycle.
5-21 SECTION 7. Section 541.201, Transportation Code, is amended
5-22 by amending Subdivisions (10) and (11) and adding Subdivision (24)
5-23 to read as follows:
5-24 (10) "Motor-driven cycle" means a motorcycle equipped
5-25 with a motor that has an engine piston displacement of 250 cubic
5-26 centimeters or less. The term does not include an electric
5-27 bicycle.
6-1 (11) "Motor vehicle" means a self-propelled vehicle or
6-2 a vehicle that is propelled by electric power from overhead trolley
6-3 wires. The term does not include an electric bicycle.
6-4 (24) "Electric bicycle" means a bicycle that:
6-5 (A) is designed to be propelled by an electric
6-6 motor, exclusively or in combination with the application of human
6-7 power;
6-8 (B) cannot attain a speed of more than 20 miles
6-9 per hour without the application of human power; and
6-10 (C) does not exceed a weight of 100 pounds.
6-11 SECTION 8. Section 542.202(a), Transportation Code, is
6-12 amended to read as follows:
6-13 (a) This subtitle does not prevent a local authority, with
6-14 respect to a highway under its jurisdiction and in the reasonable
6-15 exercise of the police power, from:
6-16 (1) regulating traffic by police officers or
6-17 traffic-control devices;
6-18 (2) regulating the stopping, standing, or parking of a
6-19 vehicle;
6-20 (3) regulating or prohibiting a procession or
6-21 assemblage on a highway;
6-22 (4) regulating the operation and requiring
6-23 registration and licensing of a bicycle or electric bicycle,
6-24 including payment of a registration fee, except as provided by
6-25 Section 551.106;
6-26 (5) regulating the time, place, and manner in which a
6-27 roller skater may use a highway;
7-1 (6) regulating the speed of a vehicle in a public
7-2 park;
7-3 (7) regulating or prohibiting the turning of a vehicle
7-4 or specified type of vehicle at an intersection;
7-5 (8) designating an intersection as a stop intersection
7-6 or a yield intersection and requiring each vehicle to stop or yield
7-7 at one or more entrances to the intersection;
7-8 (9) designating a highway as a through highway;
7-9 (10) designating a highway as a one-way highway and
7-10 requiring each vehicle on the highway to move in one specific
7-11 direction;
7-12 (11) designating school crossing guards and school
7-13 crossing zones;
7-14 (12) altering a speed limit as authorized by this
7-15 subtitle; or
7-16 (13) adopting other traffic rules specifically
7-17 authorized by this subtitle.
7-18 SECTION 9. Sections 545.065(a) and (c), Transportation Code,
7-19 are amended to read as follows:
7-20 (a) The Texas Transportation Commission by resolution or
7-21 order recorded in its minutes may prohibit the use of a
7-22 limited-access or controlled-access highway under the jurisdiction
7-23 of the commission by a parade, funeral procession, pedestrian,
7-24 bicycle, electric bicycle, motor-driven cycle, or nonmotorized
7-25 traffic.
7-26 (c) A local authority by ordinance may prohibit the use of a
7-27 limited-access or controlled-access roadway under the jurisdiction
8-1 of the authority by a parade, funeral procession, pedestrian,
8-2 bicycle, electric bicycle, motor-driven cycle, or nonmotorized
8-3 traffic.
8-4 SECTION 10. Section 547.002, Transportation Code, is amended
8-5 to read as follows:
8-6 Sec. 547.002. APPLICABILITY. Unless a provision is
8-7 specifically made applicable, this chapter and the rules of the
8-8 department adopted under this chapter do not apply to:
8-9 (1) an implement of husbandry;
8-10 (2) road machinery;
8-11 (3) a road roller;
8-12 (4) a farm tractor;
8-13 (5) a bicycle, a bicyclist, or bicycle equipment; [or]
8-14 (6) an electric bicycle, an electric bicyclist, or
8-15 electric bicycle equipment; or
8-16 (7) a golf cart not required to be registered under
8-17 Section 502.284.
8-18 SECTION 11. Section 551.002, Transportation Code, is amended
8-19 to read as follows:
8-20 Sec. 551.002. MOPED AND ELECTRIC BICYCLE INCLUDED. A
8-21 provision of this subtitle applicable to a bicycle also applies to:
8-22 (1) a moped, other than a provision that by its nature
8-23 cannot apply to a moped; and
8-24 (2) an electric bicycle, other than a provision that
8-25 by its nature cannot apply to an electric bicycle.
8-26 SECTION 12. Section 551.104, Transportation Code, is amended
8-27 to read as follows:
9-1 Sec. 551.104. SAFETY EQUIPMENT. (a) A person may not
9-2 operate a bicycle unless the bicycle is equipped with a brake
9-3 capable of making a braked wheel skid on dry, level, clean
9-4 pavement.
9-5 (b) A person may not operate a bicycle at nighttime unless
9-6 the bicycle is equipped with:
9-7 (1) a lamp on the front of the bicycle that emits a
9-8 white light visible from a distance of at least 500 feet in front
9-9 of the bicycle; and
9-10 (2) on the rear of the bicycle:
9-11 (A) a red reflector [on the rear of the bicycle]
9-12 that is:
9-13 (i) [(A)] of a type approved by the
9-14 department; and
9-15 (ii) [(B)] visible when directly in front
9-16 of lawful upper beams of motor vehicle headlamps from all distances
9-17 from 50 to 300 feet to the rear of the bicycle; or
9-18 (B) [.]
9-19 [(c) In addition to the reflector required by Subsection
9-20 (b), a person operating a bicycle at nighttime may use] a lamp [on
9-21 the rear of the bicycle] that emits a red light visible from a
9-22 distance of 500 feet to the rear of the bicycle.
9-23 SECTION 13. Subchapter B, Chapter 551, Transportation Code,
9-24 is amended by adding Section 551.106 to read as follows:
9-25 Sec. 551.106. REGULATION OF ELECTRIC BICYCLES. (a) The
9-26 department or a local authority may not prohibit the use of an
9-27 electric bicycle on a highway that is used primarily by motor
10-1 vehicles. The department or a local authority may prohibit the use
10-2 of an electric bicycle on a highway used primarily by pedestrians.
10-3 (b) The department shall establish rules for the
10-4 administration of this section.
10-5 SECTION 14. This Act takes effect September 1, 2001.