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. Section 411.0175, Government Code, is amended to
1-8 read as follows:
1-9 Sec. 411.0175. ACCIDENT REPORTS. The department shall:
1-10 (1) tabulate and analyze the [motor] vehicle accident
1-11 reports it receives;
1-12 (2) annually or more frequently publish statistical
1-13 information derived from the accident reports as to the number,
1-14 cause, and location of highway accidents, including information
1-15 regarding the number of accidents involving injury to, death of, or
1-16 property damage to a bicyclist or pedestrian; and
1-17 (3) provide an abstract of the statistical information
1-18 for each preceding biennium to the governor and the legislature,
1-19 with its conclusions and findings and recommendations for
1-20 decreasing highway accidents and increasing highway safety.
1-21 SECTION 3. Subchapter H, Chapter 201, Transportation Code,
1-22 is amended by adding Section 201.614 to read as follows:
1-23 Sec. 201.614. SAFE ROUTES TO SCHOOL PROGRAM. (a) The
1-24 department shall establish and administer a Safe Routes to School
2-1 Program to distribute money received under the Hazard Elimination
2-2 Program (23 U.S.C. Section 152), as amended, to political
2-3 subdivisions for projects to improve safety in and around school
2-4 areas. Projects eligible to receive money under this program may
2-5 include:
2-6 (1) installation of new crosswalks and bike lanes;
2-7 (2) construction of multiuse trails;
2-8 (3) construction and replacement of sidewalks;
2-9 (4) implementation of traffic-calming programs in
2-10 neighborhoods around schools; and
2-11 (5) construction of wide outside lanes to be used as
2-12 bike routes.
2-13 (b) The department, in considering project proposals under
2-14 this section, shall consider:
2-15 (1) the demonstrated need of the applicant;
2-16 (2) the potential of the proposal to reduce child
2-17 injuries and fatalities;
2-18 (3) the potential of the proposal to encourage walking
2-19 and bicycling among students;
2-20 (4) identification of safety hazards;
2-21 (5) identification of current and potential walking
2-22 and bicycling routes to school; and
2-23 (6) support for the projects proposed by local
2-24 school-based associations, traffic engineers, elected officials,
2-25 law enforcement agencies, and school officials.
2-26 (c) The department may allocate money received by the
2-27 department from the federal government under the Hazard Elimination
3-1 Program (23 U.S.C. Section 152), as amended, to projects under this
3-2 section.
3-3 (d) The department shall adopt rules to implement this
3-4 section.
3-5 SECTION 4. Subchapter A, Chapter 502, Transportation Code,
3-6 is amended by adding Section 502.0075 to read as follows:
3-7 Sec. 502.0075. ELECTRIC BICYCLES. (a) In this section,
3-8 "electric bicycle" has the meaning assigned by Section 541.201.
3-9 (b) This chapter does not require the owner of an electric
3-10 bicycle to register the electric bicycle.
3-11 SECTION 5. Section 541.201, Transportation Code, is amended
3-12 by amending Subdivisions (10) and (11) and adding Subdivision (24)
3-13 to read as follows:
3-14 (10) "Motor-driven cycle" means a motorcycle equipped
3-15 with a motor that has an engine piston displacement of 250 cubic
3-16 centimeters or less. The term does not include an electric
3-17 bicycle.
3-18 (11) "Motor vehicle" means a self-propelled vehicle or
3-19 a vehicle that is propelled by electric power from overhead trolley
3-20 wires. The term does not include an electric bicycle.
3-21 (24) "Electric bicycle" means a bicycle that:
3-22 (A) is designed to be propelled by an electric
3-23 motor, exclusively or in combination with the application of human
3-24 power;
3-25 (B) cannot attain a speed of more than 20 miles
3-26 per hour without the application of human power; and
3-27 (C) does not exceed a weight of 100 pounds.
4-1 SECTION 6. Section 542.202(a), Transportation Code, is
4-2 amended to read as follows:
4-3 (a) This subtitle does not prevent a local authority, with
4-4 respect to a highway under its jurisdiction and in the reasonable
4-5 exercise of the police power, from:
4-6 (1) regulating traffic by police officers or
4-7 traffic-control devices;
4-8 (2) regulating the stopping, standing, or parking of a
4-9 vehicle;
4-10 (3) regulating or prohibiting a procession or
4-11 assemblage on a highway;
4-12 (4) regulating the operation and requiring
4-13 registration and licensing of a bicycle or electric bicycle,
4-14 including payment of a registration fee, except as provided by
4-15 Section 551.106;
4-16 (5) regulating the time, place, and manner in which a
4-17 roller skater may use a highway;
4-18 (6) regulating the speed of a vehicle in a public
4-19 park;
4-20 (7) regulating or prohibiting the turning of a vehicle
4-21 or specified type of vehicle at an intersection;
4-22 (8) designating an intersection as a stop intersection
4-23 or a yield intersection and requiring each vehicle to stop or yield
4-24 at one or more entrances to the intersection;
4-25 (9) designating a highway as a through highway;
4-26 (10) designating a highway as a one-way highway and
4-27 requiring each vehicle on the highway to move in one specific
5-1 direction;
5-2 (11) designating school crossing guards and school
5-3 crossing zones;
5-4 (12) altering a speed limit as authorized by this
5-5 subtitle; or
5-6 (13) adopting other traffic rules specifically
5-7 authorized by this subtitle.
5-8 SECTION 7. Sections 545.065(a) and (c), Transportation Code,
5-9 are amended to read as follows:
5-10 (a) The Texas Transportation Commission by resolution or
5-11 order recorded in its minutes may prohibit the use of a
5-12 limited-access or controlled-access highway under the jurisdiction
5-13 of the commission by a parade, funeral procession, pedestrian,
5-14 bicycle, electric bicycle, motor-driven cycle, or nonmotorized
5-15 traffic.
5-16 (c) A local authority by ordinance may prohibit the use of a
5-17 limited-access or controlled-access roadway under the jurisdiction
5-18 of the authority by a parade, funeral procession, pedestrian,
5-19 bicycle, electric bicycle, motor-driven cycle, or nonmotorized
5-20 traffic.
5-21 SECTION 8. Section 547.002, Transportation Code, is amended
5-22 to read as follows:
5-23 Sec. 547.002. APPLICABILITY. Unless a provision is
5-24 specifically made applicable, this chapter and the rules of the
5-25 department adopted under this chapter do not apply to:
5-26 (1) an implement of husbandry;
5-27 (2) road machinery;
6-1 (3) a road roller;
6-2 (4) a farm tractor;
6-3 (5) a bicycle, a bicyclist, or bicycle equipment; [or]
6-4 (6) an electric bicycle, an electric bicyclist, or
6-5 electric bicycle equipment; or
6-6 (7) a golf cart not required to be registered under
6-7 Section 502.284.
6-8 SECTION 9. Section 551.002, Transportation Code, is amended
6-9 to read as follows:
6-10 Sec. 551.002. MOPED AND ELECTRIC BICYCLE INCLUDED. A
6-11 provision of this subtitle applicable to a bicycle also applies to:
6-12 (1) a moped, other than a provision that by its nature
6-13 cannot apply to a moped; and
6-14 (2) an electric bicycle, other than a provision that
6-15 by its nature cannot apply to an electric bicycle.
6-16 SECTION 10. Section 551.103(a), Transportation Code, is
6-17 amended to read as follows:
6-18 (a) Except as provided by Subsection (b), a person operating
6-19 a bicycle on a roadway who is moving slower than the other traffic
6-20 on the roadway shall ride as near as practicable to the right curb
6-21 or edge of the roadway, unless:
6-22 (1) the person is passing another vehicle moving in
6-23 the same direction;
6-24 (2) the person is preparing to turn left at an
6-25 intersection or onto a private road or driveway; [or]
6-26 (3) a condition on or of the roadway, including a
6-27 fixed or moving object, parked or moving vehicle, pedestrian,
7-1 animal, or surface hazard[, or substandard width lane,] prevents
7-2 the person from safely riding next to the right curb or edge of the
7-3 roadway; or
7-4 (4) the person is operating a bicycle in an outside
7-5 lane that is:
7-6 (A) less than 14 feet in width and does not have
7-7 a designated bicycle lane adjacent to that lane; or
7-8 (B) too narrow for a bicycle and a motor vehicle
7-9 to safely travel side by side.
7-10 SECTION 11. Section 551.104, Transportation Code, is amended
7-11 to read as follows:
7-12 Sec. 551.104. SAFETY EQUIPMENT. (a) A person may not
7-13 operate a bicycle unless the bicycle is equipped with a brake
7-14 capable of making a braked wheel skid on dry, level, clean
7-15 pavement.
7-16 (b) A person may not operate a bicycle at nighttime unless
7-17 the bicycle is equipped with:
7-18 (1) a lamp on the front of the bicycle that emits a
7-19 white light visible from a distance of at least 500 feet in front
7-20 of the bicycle; and
7-21 (2) on the rear of the bicycle:
7-22 (A) a red reflector [on the rear of the bicycle]
7-23 that is:
7-24 (i) [(A)] of a type approved by the
7-25 department; and
7-26 (ii) [(B)] visible when directly in front
7-27 of lawful upper beams of motor vehicle headlamps from all distances
8-1 from 50 to 300 feet to the rear of the bicycle; or
8-2 (B) [.]
8-3 [(c) In addition to the reflector required by Subsection
8-4 (b), a person operating a bicycle at nighttime may use] a lamp [on
8-5 the rear of the bicycle] that emits a red light visible from a
8-6 distance of 500 feet to the rear of the bicycle.
8-7 SECTION 12. Subchapter B, Chapter 551, Transportation Code,
8-8 is amended by adding Section 551.106 to read as follows:
8-9 Sec. 551.106. REGULATION OF ELECTRIC BICYCLES. (a) The
8-10 department or a local authority may not prohibit the use of an
8-11 electric bicycle on a highway that is used primarily by motor
8-12 vehicles. The department or a local authority may prohibit the use
8-13 of an electric bicycle on a highway used primarily by pedestrians.
8-14 (b) The department shall establish rules for the
8-15 administration of this section.
8-16 SECTION 13. Section 551.103(d), Transportation Code, is
8-17 repealed.
8-18 SECTION 14. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2204 was passed by the House on May
5, 2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2204 on May 25, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2204 on May 27, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2204 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2204 on May 27, 2001,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor