By Gutierrez H.B. No. 2203
77R8067 JAT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the construction of facilities and trails for bicycles
1-3 and electric bicycles.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. This Act may be called the Matthew Brown Act.
1-6 SECTION 2. Subchapter C, Chapter 11, Parks and Wildlife
1-7 Code, is amended by adding Section 11.046 to read as follows:
1-8 Sec. 11.046. TEXAS PARKS AND WILDLIFE TRAILS ACCOUNT. (a)
1-9 The Texas parks and wildlife trails account is an account in the
1-10 general revenue fund.
1-11 (b) The account consists of money credited to the account
1-12 under Section 151.801, Tax Code.
1-13 (c) Money in the account may be appropriated only for
1-14 projects approved by the commission to construct multiuse trails
1-15 and bicycle facilities in accordance with Section 13.023.
1-16 SECTION 3. Subchapter A, Chapter 13, Parks and Wildlife
1-17 Code, is amended by adding Section 13.023 to read as follows:
1-18 Sec. 13.023. CONSTRUCTION OF BICYCLE AND PEDESTRIAN
1-19 FACILITIES. The department shall construct multiuse trails and
1-20 bicycle facilities for public use using money from the parks and
1-21 wildlife trails account under Section 11.046. The department may
1-22 contract with governmental agencies or with private individuals,
1-23 agencies, or organizations to construct trails under this section.
1-24 SECTION 4. Section 151.801, Tax Code, is amended by amending
2-1 Subsections (a), (d), and (e) and adding Subsection (f) to read as
2-2 follows:
2-3 (a) Except for the amounts allocated under Subsections (b),
2-4 [and] (c), and (d), all proceeds from the collection of the taxes
2-5 imposed by this chapter shall be deposited to the credit of the
2-6 general revenue fund.
2-7 (d) The proceeds from the collection of the taxes imposed by
2-8 this chapter on the sale of bicycles and nonmotorized modes of
2-9 transportation shall be deposited as follows:
2-10 (1) one-half of the proceeds shall be credited to the
2-11 Texas parks and wildlife trails account under Section 11.046, Parks
2-12 and Wildlife Code; and
2-13 (2) one-half of the proceeds shall be credited to the
2-14 bicycle and pedestrian facilities account under Section 201.615,
2-15 Transportation Code.
2-16 (e) The comptroller shall determine the amount to be
2-17 deposited to the highway fund under Subsection (b) according to
2-18 available statistical data indicating the estimated average or
2-19 actual consumption or sales of lubricants used to propel motor
2-20 vehicles over the public roadways. The comptroller shall determine
2-21 the amounts to be deposited to the funds or accounts under
2-22 Subsection (c) according to available statistical data indicating
2-23 the estimated or actual total receipts in this state from taxable
2-24 sales of sporting goods. The comptroller shall determine the
2-25 amounts to be deposited to the accounts under Subsection (d)
2-26 according to available statistical data indicating the estimated or
2-27 actual total receipts in this state from taxable sales and uses of
3-1 bicycles and nonmotorized modes of transportation. If satisfactory
3-2 data are not available, the comptroller may require taxpayers who
3-3 make taxable sales or uses of those lubricants, [or of] sporting
3-4 goods, or bicycles and nonmotorized modes of transportation to
3-5 report to the comptroller as necessary to make the allocation
3-6 required by Subsection (b), [or] (c), or (d).
3-7 (f) [(e)] In this section:
3-8 (1) "Motor vehicle" means a trailer, a semitrailer, or
3-9 a self-propelled vehicle in or by which a person or property can be
3-10 transported upon a public highway. "Motor vehicle" does not include
3-11 a device moved only by human power or used exclusively on
3-12 stationary rails or tracks, an electric bicycle, a farm machine, a
3-13 farm trailer, a road-building machine, or a self-propelled vehicle
3-14 used exclusively to move farm machinery, farm trailers, or
3-15 road-building machinery.
3-16 (2) "Sporting goods" means an item of tangible
3-17 personal property designed and sold for use in a sport or sporting
3-18 activity, excluding:
3-19 (A) apparel and footwear except that which is
3-20 suitable only for use in a sport or sporting activity;
3-21 (B) [, and excluding] board games, electronic
3-22 games and similar devices;
3-23 (C) [,] aircraft and powered vehicles;
3-24 (D) bicycles and other nonmotorized modes of
3-25 transportation;[,] and
3-26 (E) replacement parts and accessories for any
3-27 excluded item.
4-1 (3) "Bicycles and nonmotorized modes of
4-2 transportation" includes bicycles, electric bicycles, nonmotorized
4-3 scooters, skateboards, roller skates, in-line skates, and
4-4 replacement parts and accessories, including apparel, for any item.
4-5 (4) "Electric bicycle" has the meaning assigned by
4-6 Section 541.201, Transportation Code.
4-7 SECTION 5. Subchapter H, Chapter 201, Transportation Code,
4-8 is amended by adding Sections 201.614 and 201.615 to read as
4-9 follows:
4-10 Sec. 201.614. SAFE ROUTES TO SCHOOL PROGRAM. (a) The
4-11 department shall establish and administer a Safe Routes to School
4-12 Program to distribute federal grants under the Hazard Elimination
4-13 Program, 23 U.S.C. Section 152, as amended, to political
4-14 subdivisions for projects to improve safety in and around school
4-15 areas. Projects eligible to receive grants under this program may
4-16 include:
4-17 (1) installation of new crosswalks and bike lanes;
4-18 (2) construction of multiuse trails;
4-19 (3) construction and replacement of sidewalks;
4-20 (4) implementation of traffic-calming programs in
4-21 neighborhoods around schools; and
4-22 (5) construction of wide outside lanes to be used as
4-23 bike routes.
4-24 (b) The department, in considering grant proposals under
4-25 this section, shall consider:
4-26 (1) the demonstrated need of the applicant;
4-27 (2) the potential of the proposal to reduce child
5-1 injuries and fatalities;
5-2 (3) the potential of the proposal to encourage walking
5-3 and bicycling among students;
5-4 (4) identification of safety hazards;
5-5 (5) identification of current and potential walking
5-6 and bicycling routes to school; and
5-7 (6) support for the projects proposed by local
5-8 school-based associations, traffic engineers, elected officials,
5-9 law enforcement agencies, and school officials.
5-10 (c) The department shall give priority in allocating 10
5-11 percent of all money received by the department from the federal
5-12 government under the Hazard Elimination Program, 23 U.S.C. Section
5-13 152, as amended, to grants under this section.
5-14 (d) The department shall adopt rules to implement this
5-15 section.
5-16 Sec. 201.615. BICYCLE AND PEDESTRIAN FACILITIES ACCOUNT.
5-17 The bicycle and pedestrian facilities account is an account in the
5-18 general revenue fund that may be appropriated only for the
5-19 construction of bicycle and pedestrian facilities. The account
5-20 consists of money credited to the account under Section 151.801,
5-21 Tax Code.
5-22 SECTION 6. Subchapter A, Chapter 502, Transportation Code,
5-23 is amended by adding Section 502.0075 to read as follows:
5-24 Sec. 502.0075. ELECTRIC BICYCLES. (a) In this section,
5-25 "electric bicycle" has the meaning assigned by Section 541.201.
5-26 (b) This chapter does not require the owner of an electric
5-27 bicycle to register the electric bicycle.
6-1 SECTION 7. Section 541.201, Transportation Code, is amended
6-2 by amending Subdivisions (10) and (11) and adding Subdivision (24)
6-3 to read as follows:
6-4 (10) "Motor-driven cycle" means a motorcycle equipped
6-5 with a motor that has an engine piston displacement of 250 cubic
6-6 centimeters or less. The term does not include an electric
6-7 bicycle.
6-8 (11) "Motor vehicle" means a self-propelled vehicle or
6-9 a vehicle that is propelled by electric power from overhead trolley
6-10 wires. The term does not include an electric bicycle.
6-11 (24) "Electric bicycle" means a bicycle that:
6-12 (A) is designed to be propelled by an electric
6-13 motor, exclusively or in combination with the application of human
6-14 power;
6-15 (B) cannot attain a speed of more than 20 miles
6-16 per hour without the application of human power; and
6-17 (C) does not exceed a weight of 100 pounds.
6-18 SECTION 8. Section 542.202(a), Transportation Code, is
6-19 amended to read as follows:
6-20 (a) This subtitle does not prevent a local authority, with
6-21 respect to a highway under its jurisdiction and in the reasonable
6-22 exercise of the police power, from:
6-23 (1) regulating traffic by police officers or
6-24 traffic-control devices;
6-25 (2) regulating the stopping, standing, or parking of a
6-26 vehicle;
6-27 (3) regulating or prohibiting a procession or
7-1 assemblage on a highway;
7-2 (4) regulating the operation and requiring
7-3 registration and licensing of a bicycle or electric bicycle,
7-4 including payment of a registration fee, except as provided by
7-5 Section 551.106;
7-6 (5) regulating the time, place, and manner in which a
7-7 roller skater may use a highway;
7-8 (6) regulating the speed of a vehicle in a public
7-9 park;
7-10 (7) regulating or prohibiting the turning of a vehicle
7-11 or specified type of vehicle at an intersection;
7-12 (8) designating an intersection as a stop intersection
7-13 or a yield intersection and requiring each vehicle to stop or yield
7-14 at one or more entrances to the intersection;
7-15 (9) designating a highway as a through highway;
7-16 (10) designating a highway as a one-way highway and
7-17 requiring each vehicle on the highway to move in one specific
7-18 direction;
7-19 (11) designating school crossing guards and school
7-20 crossing zones;
7-21 (12) altering a speed limit as authorized by this
7-22 subtitle; or
7-23 (13) adopting other traffic rules specifically
7-24 authorized by this subtitle.
7-25 SECTION 9. Sections 545.065(a) and (c), Transportation Code,
7-26 are amended to read as follows:
7-27 (a) The Texas Transportation Commission by resolution or
8-1 order recorded in its minutes may prohibit the use of a
8-2 limited-access or controlled-access highway under the jurisdiction
8-3 of the commission by a parade, funeral procession, pedestrian,
8-4 bicycle, electric bicycle, motor-driven cycle, or nonmotorized
8-5 traffic.
8-6 (c) A local authority by ordinance may prohibit the use of a
8-7 limited-access or controlled-access roadway under the jurisdiction
8-8 of the authority by a parade, funeral procession, pedestrian,
8-9 bicycle, electric bicycle, motor-driven cycle, or nonmotorized
8-10 traffic.
8-11 SECTION 10. Section 547.002, Transportation Code, is amended
8-12 to read as follows:
8-13 Sec. 547.002. APPLICABILITY. Unless a provision is
8-14 specifically made applicable, this chapter and the rules of the
8-15 department adopted under this chapter do not apply to:
8-16 (1) an implement of husbandry;
8-17 (2) road machinery;
8-18 (3) a road roller;
8-19 (4) a farm tractor;
8-20 (5) a bicycle, a bicyclist, or bicycle equipment; [or]
8-21 (6) an electric bicycle, an electric bicyclist, or
8-22 electric bicycle equipment; or
8-23 (7) a golf cart not required to be registered under
8-24 Section 502.284.
8-25 SECTION 11. Section 551.002, Transportation Code, is amended
8-26 to read as follows:
8-27 Sec. 551.002. MOPED AND ELECTRIC BICYCLE INCLUDED. A
9-1 provision of this subtitle applicable to a bicycle also applies to:
9-2 (1) a moped, other than a provision that by its nature
9-3 cannot apply to a moped; and
9-4 (2) an electric bicycle, other than a provision that
9-5 by its nature cannot apply to an electric bicycle.
9-6 SECTION 12. Section 551.104, Transportation Code, is amended
9-7 to read as follows:
9-8 Sec. 551.104. SAFETY EQUIPMENT. (a) A person may not
9-9 operate a bicycle unless the bicycle is equipped with a brake
9-10 capable of making a braked wheel skid on dry, level, clean
9-11 pavement.
9-12 (b) A person may not operate a bicycle at nighttime unless
9-13 the bicycle is equipped with:
9-14 (1) a lamp on the front of the bicycle that emits a
9-15 white light visible from a distance of at least 500 feet in front
9-16 of the bicycle; and
9-17 (2) on the rear of the bicycle:
9-18 (A) a red reflector [on the rear of the bicycle]
9-19 that is:
9-20 (i) [(A)] of a type approved by the
9-21 department; and
9-22 (ii) [(B)] visible when directly in front
9-23 of lawful upper beams of motor vehicle headlamps from all distances
9-24 from 50 to 300 feet to the rear of the bicycle; or
9-25 (B) [.]
9-26 [(c) In addition to the reflector required by Subsection
9-27 (b), a person operating a bicycle at nighttime may use] a lamp [on
10-1 the rear of the bicycle] that emits a red light visible from a
10-2 distance of 500 feet to the rear of the bicycle.
10-3 SECTION 13. Chapter 551, Transportation Code, is amended by
10-4 adding Section 551.106 to read as follows:
10-5 Sec. 551.106. REGULATION OF ELECTRIC BICYCLES. (a) The
10-6 department or a local authority may not prohibit the use of an
10-7 electric bicycle on a highway that is used primarily by motor
10-8 vehicles. The department or a local authority may prohibit the use
10-9 of an electric bicycle on a highway used primarily by pedestrians.
10-10 (b) The department shall establish rules for the
10-11 administration of this section.
10-12 SECTION 14. This Act takes effect September 1, 2001.