1-1 By: Gutierrez, et al. (Senate Sponsor - Moncrief) H.B. No. 2204
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on State
1-4 Affairs; May 11, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; May 11, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2204 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the construction of facilities and trails for bicycles,
1-11 electric bicycles, and pedestrians and to the safe operation of
1-12 bicycles and electric bicycles.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. This Act may be called the Matthew Brown Act.
1-15 SECTION 2. Section 411.0175, Government Code, is amended to
1-16 read as follows:
1-17 Sec. 411.0175. ACCIDENT REPORTS. The department shall:
1-18 (1) tabulate and analyze the [motor] vehicle accident
1-19 reports it receives;
1-20 (2) annually or more frequently publish statistical
1-21 information derived from the accident reports as to the number,
1-22 cause, and location of highway accidents, including information
1-23 regarding the number of accidents involving injury to, death of, or
1-24 property damage to a bicyclist or pedestrian; and
1-25 (3) provide an abstract of the statistical information
1-26 for each preceding biennium to the governor and the legislature,
1-27 with its conclusions and findings and recommendations for
1-28 decreasing highway accidents and increasing highway safety.
1-29 SECTION 3. Chapter 370, Local Government Code, is amended by
1-30 adding Section 370.004 to read as follows:
1-31 Sec. 370.004. REQUIRED WEARING OF BICYCLE HELMETS. (a) The
1-32 governing body of a municipality by ordinance may require a child
1-33 younger than 16 years of age to wear a bicycle helmet while
1-34 operating a bicycle in the municipality. The commissioners court
1-35 of a county by order may require a child younger than 16 years of
1-36 age to wear a bicycle helmet while operating a bicycle in the
1-37 unincorporated area of the county.
1-38 (b) The governing body of a municipality or the
1-39 commissioners court of a county may adopt an ordinance or order
1-40 under Subsection (a) only if the Department of Public Safety
1-41 determines that:
1-42 (1) all school districts located in the county or
1-43 municipality, as applicable, have adopted a bicycle safety
1-44 education program for elementary schools equivalent to the program
1-45 described by Section 758.002, Health and Safety Code; and
1-46 (2) the county or municipality has adopted a program
1-47 to:
1-48 (A) provide children younger than 16 years of
1-49 age from low-income families with bicycle helmets; or
1-50 (B) work with a civic or other organization to
1-51 provide bicycle helmets to children younger than 16 years of age
1-52 from low-income families.
1-53 (c) An ordinance or order adopted under Subsection (a) must
1-54 provide that:
1-55 (1) a violation of the ordinance or order is a
1-56 misdemeanor punishable by a fine not to exceed $20; and
1-57 (2) the judge must dismiss the charge if the child and
1-58 a parent or guardian of the child appear before the court and
1-59 provide evidence satisfactory to the court that the child or a
1-60 parent or guardian of the child has acquired, by purchase or
1-61 otherwise, a bicycle helmet for the child to wear while operating a
1-62 bicycle.
1-63 (d) The Department of Public Safety shall adopt rules to
1-64 implement this section.
2-1 SECTION 4. Subchapter H, Chapter 201, Transportation Code,
2-2 is amended by adding Section 201.614 to read as follows:
2-3 Sec. 201.614. SAFE ROUTES TO SCHOOL PROGRAM. (a) The
2-4 department shall establish and administer a Safe Routes to School
2-5 Program to distribute money received under the Hazard Elimination
2-6 Program (23 U.S.C. Section 152), as amended, to political
2-7 subdivisions for projects to improve safety in and around school
2-8 areas. Projects eligible to receive money under this program may
2-9 include:
2-10 (1) installation of new crosswalks and bike lanes;
2-11 (2) construction of multiuse trails;
2-12 (3) construction and replacement of sidewalks;
2-13 (4) implementation of traffic-calming programs in
2-14 neighborhoods around schools; and
2-15 (5) construction of wide outside lanes to be used as
2-16 bike routes.
2-17 (b) The department, in considering project proposals under
2-18 this section, shall consider:
2-19 (1) the demonstrated need of the applicant;
2-20 (2) the potential of the proposal to reduce child
2-21 injuries and fatalities;
2-22 (3) the potential of the proposal to encourage walking
2-23 and bicycling among students;
2-24 (4) identification of safety hazards;
2-25 (5) identification of current and potential walking
2-26 and bicycling routes to school; and
2-27 (6) support for the projects proposed by local
2-28 school-based associations, traffic engineers, elected officials,
2-29 law enforcement agencies, and school officials.
2-30 (c) The department may allocate money received by the
2-31 department from the federal government under the Hazard Elimination
2-32 Program (23 U.S.C. Section 152), as amended, to projects under this
2-33 section.
2-34 (d) The department shall adopt rules to implement this
2-35 section.
2-36 SECTION 5. Subchapter A, Chapter 502, Transportation Code,
2-37 is amended by adding Section 502.0075 to read as follows:
2-38 Sec. 502.0075. ELECTRIC BICYCLES. (a) In this section,
2-39 "electric bicycle" has the meaning assigned by Section 541.201.
2-40 (b) This chapter does not require the owner of an electric
2-41 bicycle to register the electric bicycle.
2-42 SECTION 6. Section 541.201, Transportation Code, is amended
2-43 by amending Subdivisions (10) and (11) and adding Subdivision (24)
2-44 to read as follows:
2-45 (10) "Motor-driven cycle" means a motorcycle equipped
2-46 with a motor that has an engine piston displacement of 250 cubic
2-47 centimeters or less. The term does not include an electric
2-48 bicycle.
2-49 (11) "Motor vehicle" means a self-propelled vehicle or
2-50 a vehicle that is propelled by electric power from overhead trolley
2-51 wires. The term does not include an electric bicycle.
2-52 (24) "Electric bicycle" means a bicycle that:
2-53 (A) is designed to be propelled by an electric
2-54 motor, exclusively or in combination with the application of human
2-55 power;
2-56 (B) cannot attain a speed of more than 20 miles
2-57 per hour without the application of human power; and
2-58 (C) does not exceed a weight of 100 pounds.
2-59 SECTION 7. Section 542.202(a), Transportation Code, is
2-60 amended to read as follows:
2-61 (a) This subtitle does not prevent a local authority, with
2-62 respect to a highway under its jurisdiction and in the reasonable
2-63 exercise of the police power, from:
2-64 (1) regulating traffic by police officers or
2-65 traffic-control devices;
2-66 (2) regulating the stopping, standing, or parking of a
2-67 vehicle;
2-68 (3) regulating or prohibiting a procession or
2-69 assemblage on a highway;
3-1 (4) regulating the operation and requiring
3-2 registration and licensing of a bicycle or electric bicycle,
3-3 including payment of a registration fee, except as provided by
3-4 Section 551.106;
3-5 (5) regulating the time, place, and manner in which a
3-6 roller skater may use a highway;
3-7 (6) regulating the speed of a vehicle in a public
3-8 park;
3-9 (7) regulating or prohibiting the turning of a vehicle
3-10 or specified type of vehicle at an intersection;
3-11 (8) designating an intersection as a stop intersection
3-12 or a yield intersection and requiring each vehicle to stop or yield
3-13 at one or more entrances to the intersection;
3-14 (9) designating a highway as a through highway;
3-15 (10) designating a highway as a one-way highway and
3-16 requiring each vehicle on the highway to move in one specific
3-17 direction;
3-18 (11) designating school crossing guards and school
3-19 crossing zones;
3-20 (12) altering a speed limit as authorized by this
3-21 subtitle; or
3-22 (13) adopting other traffic rules specifically
3-23 authorized by this subtitle.
3-24 SECTION 8. Sections 545.065(a) and (c), Transportation Code,
3-25 are amended to read as follows:
3-26 (a) The Texas Transportation Commission by resolution or
3-27 order recorded in its minutes may prohibit the use of a
3-28 limited-access or controlled-access highway under the jurisdiction
3-29 of the commission by a parade, funeral procession, pedestrian,
3-30 bicycle, electric bicycle, motor-driven cycle, or nonmotorized
3-31 traffic.
3-32 (c) A local authority by ordinance may prohibit the use of a
3-33 limited-access or controlled-access roadway under the jurisdiction
3-34 of the authority by a parade, funeral procession, pedestrian,
3-35 bicycle, electric bicycle, motor-driven cycle, or nonmotorized
3-36 traffic.
3-37 SECTION 9. Section 547.002, Transportation Code, is amended
3-38 to read as follows:
3-39 Sec. 547.002. APPLICABILITY. Unless a provision is
3-40 specifically made applicable, this chapter and the rules of the
3-41 department adopted under this chapter do not apply to:
3-42 (1) an implement of husbandry;
3-43 (2) road machinery;
3-44 (3) a road roller;
3-45 (4) a farm tractor;
3-46 (5) a bicycle, a bicyclist, or bicycle equipment; [or]
3-47 (6) an electric bicycle, an electric bicyclist, or
3-48 electric bicycle equipment; or
3-49 (7) a golf cart not required to be registered under
3-50 Section 502.284.
3-51 SECTION 10. Section 551.002, Transportation Code, is amended
3-52 to read as follows:
3-53 Sec. 551.002. MOPED AND ELECTRIC BICYCLE INCLUDED. A
3-54 provision of this subtitle applicable to a bicycle also applies to:
3-55 (1) a moped, other than a provision that by its nature
3-56 cannot apply to a moped; and
3-57 (2) an electric bicycle, other than a provision that
3-58 by its nature cannot apply to an electric bicycle.
3-59 SECTION 11. Section 551.103(a), Transportation Code, is
3-60 amended to read as follows:
3-61 (a) Except as provided by Subsection (b), a person operating
3-62 a bicycle on a roadway who is moving slower than the other traffic
3-63 on the roadway shall ride as near as practicable to the right curb
3-64 or edge of the roadway, unless:
3-65 (1) the person is passing another vehicle moving in
3-66 the same direction;
3-67 (2) the person is preparing to turn left at an
3-68 intersection or onto a private road or driveway; [or]
3-69 (3) a condition on or of the roadway, including a
4-1 fixed or moving object, parked or moving vehicle, pedestrian,
4-2 animal, or surface hazard[, or substandard width lane,] prevents
4-3 the person from safely riding next to the right curb or edge of the
4-4 roadway; or
4-5 (4) the person is operating a bicycle in an outside
4-6 lane that is:
4-7 (A) less than 14 feet in width and does not have
4-8 a designated bicycle lane adjacent to that lane; or
4-9 (B) too narrow for a bicycle and a motor vehicle
4-10 to safely travel side by side.
4-11 SECTION 12. Section 551.104, Transportation Code, is amended
4-12 to read as follows:
4-13 Sec. 551.104. SAFETY EQUIPMENT. (a) A person may not
4-14 operate a bicycle unless the bicycle is equipped with a brake
4-15 capable of making a braked wheel skid on dry, level, clean
4-16 pavement.
4-17 (b) A person may not operate a bicycle at nighttime unless
4-18 the bicycle is equipped with:
4-19 (1) a lamp on the front of the bicycle that emits a
4-20 white light visible from a distance of at least 500 feet in front
4-21 of the bicycle; and
4-22 (2) on the rear of the bicycle:
4-23 (A) a red reflector [on the rear of the bicycle]
4-24 that is:
4-25 (i) [(A)] of a type approved by the
4-26 department; and
4-27 (ii) [(B)] visible when directly in front
4-28 of lawful upper beams of motor vehicle headlamps from all distances
4-29 from 50 to 300 feet to the rear of the bicycle; or
4-30 (B) [.]
4-31 [(c) In addition to the reflector required by Subsection
4-32 (b), a person operating a bicycle at nighttime may use] a lamp [on
4-33 the rear of the bicycle] that emits a red light visible from a
4-34 distance of 500 feet to the rear of the bicycle.
4-35 SECTION 13. Subchapter B, Chapter 551, Transportation Code,
4-36 is amended by adding Section 551.106 to read as follows:
4-37 Sec. 551.106. REGULATION OF ELECTRIC BICYCLES. (a) The
4-38 department or a local authority may not prohibit the use of an
4-39 electric bicycle on a highway that is used primarily by motor
4-40 vehicles. The department or a local authority may prohibit the use
4-41 of an electric bicycle on a highway used primarily by pedestrians.
4-42 (b) The department shall establish rules for the
4-43 administration of this section.
4-44 SECTION 14. Section 551.103(d), Transportation Code, is
4-45 repealed.
4-46 SECTION 15. This Act takes effect September 1, 2001.
4-47 * * * * *