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.