By Moncrief S.B. No. 1240
77R9153 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 and to the safe operation of bicycles and
1-4 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 Texas 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 Section 11.046 to read as follows:
2-23 Sec. 11.046. TEXAS PARKS AND WILDLIFE TRAILS ACCOUNT. (a)
2-24 The Texas parks and wildlife trails account is an account in the
2-25 general revenue fund.
2-26 (b) The account consists of money credited to the account
2-27 under Section 151.801, Tax Code.
3-1 (c) Money in the account may be appropriated only for
3-2 projects approved by the commission to construct multiuse trails
3-3 and bicycle facilities in accordance with Section 13.023.
3-4 SECTION 4. Subchapter A, Chapter 13, Parks and Wildlife
3-5 Code, is amended by adding Section 13.023 to read as follows:
3-6 Sec. 13.023. CONSTRUCTION OF BICYCLE AND PEDESTRIAN
3-7 FACILITIES. The department shall construct multiuse trails and
3-8 bicycle facilities for public use using money from the parks and
3-9 wildlife trails account under Section 11.046. The department may
3-10 contract with governmental agencies or with private individuals,
3-11 agencies, or organizations to construct trails under this section.
3-12 SECTION 5. Section 151.801, Tax Code, is amended by amending
3-13 Subsections (a), (d), and (e) and adding Subsection (f) to read as
3-14 follows:
3-15 (a) Except for the amounts allocated under Subsections (b),
3-16 [and] (c), and (d), all proceeds from the collection of the taxes
3-17 imposed by this chapter shall be deposited to the credit of the
3-18 general revenue fund.
3-19 (d) The proceeds from the collection of the taxes imposed by
3-20 this chapter on the sale of bicycles and nonmotorized modes of
3-21 transportation shall be deposited as follows:
3-22 (1) one-half of the proceeds shall be credited to the
3-23 Texas parks and wildlife trails account under Section 11.046, Parks
3-24 and Wildlife Code; and
3-25 (2) one-half of the proceeds shall be credited to the
3-26 bicycle and pedestrian facilities account under Section 201.615,
3-27 Transportation Code.
4-1 (e) The comptroller shall determine the amount to be
4-2 deposited to the highway fund under Subsection (b) according to
4-3 available statistical data indicating the estimated average or
4-4 actual consumption or sales of lubricants used to propel motor
4-5 vehicles over the public roadways. The comptroller shall determine
4-6 the amounts to be deposited to the funds or accounts under
4-7 Subsection (c) according to available statistical data indicating
4-8 the estimated or actual total receipts in this state from taxable
4-9 sales of sporting goods. The comptroller shall determine the
4-10 amounts to be deposited to the accounts under Subsection (d)
4-11 according to available statistical data indicating the estimated or
4-12 actual total receipts in this state from taxable sales and uses of
4-13 bicycles and nonmotorized modes of transportation. If satisfactory
4-14 data are not available, the comptroller may require taxpayers who
4-15 make taxable sales or uses of those lubricants, [or of] sporting
4-16 goods, or bicycles and nonmotorized modes of transportation to
4-17 report to the comptroller as necessary to make the allocation
4-18 required by Subsection (b), [or] (c), or (d).
4-19 (f) [(e)] In this section:
4-20 (1) "Motor vehicle" means a trailer, a semitrailer, or
4-21 a self-propelled vehicle in or by which a person or property can be
4-22 transported upon a public highway. "Motor vehicle" does not include
4-23 a device moved only by human power or used exclusively on
4-24 stationary rails or tracks, an electric bicycle, a farm machine, a
4-25 farm trailer, a road-building machine, or a self-propelled vehicle
4-26 used exclusively to move farm machinery, farm trailers, or
4-27 road-building machinery.
5-1 (2) "Sporting goods" means an item of tangible
5-2 personal property designed and sold for use in a sport or sporting
5-3 activity, excluding:
5-4 (A) apparel and footwear except that which is
5-5 suitable only for use in a sport or sporting activity;
5-6 (B) [, and excluding] board games, electronic
5-7 games and similar devices;
5-8 (C) [,] aircraft and powered vehicles;
5-9 (D) bicycles and other nonmotorized modes of
5-10 transportation;[,] and
5-11 (E) replacement parts and accessories for any
5-12 excluded item.
5-13 (3) "Bicycles and nonmotorized modes of
5-14 transportation" includes bicycles, electric bicycles, nonmotorized
5-15 scooters, skateboards, roller skates, in-line skates, and
5-16 replacement parts and accessories, including apparel, for any item.
5-17 (4) "Electric bicycle" has the meaning assigned by
5-18 Section 541.201, Transportation Code.
5-19 SECTION 6. Subchapter H, Chapter 201, Transportation Code,
5-20 is amended by adding Sections 201.614 and 201.615 to read as
5-21 follows:
5-22 Sec. 201.614. SAFE ROUTES TO SCHOOL PROGRAM. (a) The
5-23 department shall establish and administer a Safe Routes to School
5-24 Program to distribute federal grants under the Hazard Elimination
5-25 Program (23 U.S.C. Section 152), as amended, to political
5-26 subdivisions for projects to improve safety in and around school
5-27 areas. Projects eligible to receive grants under this program may
6-1 include:
6-2 (1) installation of new crosswalks and bike lanes;
6-3 (2) construction of multiuse trails;
6-4 (3) construction and replacement of sidewalks;
6-5 (4) implementation of traffic-calming programs in
6-6 neighborhoods around schools; and
6-7 (5) construction of wide outside lanes to be used as
6-8 bike routes.
6-9 (b) The department, in considering grant proposals under
6-10 this section, shall consider:
6-11 (1) the demonstrated need of the applicant;
6-12 (2) the potential of the proposal to reduce child
6-13 injuries and fatalities;
6-14 (3) the potential of the proposal to encourage walking
6-15 and bicycling among students;
6-16 (4) identification of safety hazards;
6-17 (5) identification of current and potential walking
6-18 and bicycling routes to school; and
6-19 (6) support for the projects proposed by local
6-20 school-based associations, traffic engineers, elected officials,
6-21 law enforcement agencies, and school officials.
6-22 (c) The department shall give priority in allocating 10
6-23 percent of all money received by the department from the federal
6-24 government under the Hazard Elimination Program (23 U.S.C. Section
6-25 152), as amended, to grants under this section.
6-26 (d) The department shall adopt rules to implement this
6-27 section.
7-1 Sec. 201.615. BICYCLE AND PEDESTRIAN FACILITIES ACCOUNT.
7-2 The bicycle and pedestrian facilities account is an account in the
7-3 general revenue fund that may be appropriated only for the
7-4 construction of bicycle and pedestrian facilities. The account
7-5 consists of money credited to the account under Section 151.801,
7-6 Tax Code.
7-7 SECTION 7. Subchapter A, Chapter 502, Transportation Code,
7-8 is amended by adding Section 502.0075 to read as follows:
7-9 Sec. 502.0075. ELECTRIC BICYCLES. (a) In this section,
7-10 "electric bicycle" has the meaning assigned by Section 541.201.
7-11 (b) This chapter does not require the owner of an electric
7-12 bicycle to register the electric bicycle.
7-13 SECTION 8. Section 541.201, Transportation Code, is amended
7-14 by amending Subdivisions (10) and (11) and adding Subdivision (24)
7-15 to read as follows:
7-16 (10) "Motor-driven cycle" means a motorcycle equipped
7-17 with a motor that has an engine piston displacement of 250 cubic
7-18 centimeters or less. The term does not include an electric
7-19 bicycle.
7-20 (11) "Motor vehicle" means a self-propelled vehicle or
7-21 a vehicle that is propelled by electric power from overhead trolley
7-22 wires. The term does not include an electric bicycle.
7-23 (24) "Electric bicycle" means a bicycle that:
7-24 (A) is designed to be propelled by an electric
7-25 motor, exclusively or in combination with the application of human
7-26 power;
7-27 (B) cannot attain a speed of more than 20 miles
8-1 per hour without the application of human power; and
8-2 (C) does not exceed a weight of 100 pounds.
8-3 SECTION 9. Section 542.202(a), Transportation Code, is
8-4 amended to read as follows:
8-5 (a) This subtitle does not prevent a local authority, with
8-6 respect to a highway under its jurisdiction and in the reasonable
8-7 exercise of the police power, from:
8-8 (1) regulating traffic by police officers or
8-9 traffic-control devices;
8-10 (2) regulating the stopping, standing, or parking of a
8-11 vehicle;
8-12 (3) regulating or prohibiting a procession or
8-13 assemblage on a highway;
8-14 (4) regulating the operation and requiring
8-15 registration and licensing of a bicycle or electric bicycle,
8-16 including payment of a registration fee, except as provided by
8-17 Section 551.106;
8-18 (5) regulating the time, place, and manner in which a
8-19 roller skater may use a highway;
8-20 (6) regulating the speed of a vehicle in a public
8-21 park;
8-22 (7) regulating or prohibiting the turning of a vehicle
8-23 or specified type of vehicle at an intersection;
8-24 (8) designating an intersection as a stop intersection
8-25 or a yield intersection and requiring each vehicle to stop or yield
8-26 at one or more entrances to the intersection;
8-27 (9) designating a highway as a through highway;
9-1 (10) designating a highway as a one-way highway and
9-2 requiring each vehicle on the highway to move in one specific
9-3 direction;
9-4 (11) designating school crossing guards and school
9-5 crossing zones;
9-6 (12) altering a speed limit as authorized by this
9-7 subtitle; or
9-8 (13) adopting other traffic rules specifically
9-9 authorized by this subtitle.
9-10 SECTION 10. Sections 545.065(a) and (c), Transportation
9-11 Code, are amended to read as follows:
9-12 (a) The Texas Transportation Commission by resolution or
9-13 order recorded in its minutes may prohibit the use of a
9-14 limited-access or controlled-access highway under the jurisdiction
9-15 of the commission by a parade, funeral procession, pedestrian,
9-16 bicycle, electric bicycle, motor-driven cycle, or nonmotorized
9-17 traffic.
9-18 (c) A local authority by ordinance may prohibit the use of a
9-19 limited-access or controlled-access roadway under the jurisdiction
9-20 of the authority by a parade, funeral procession, pedestrian,
9-21 bicycle, electric bicycle, motor-driven cycle, or nonmotorized
9-22 traffic.
9-23 SECTION 11. Section 547.002, Transportation Code, is amended
9-24 to read as follows:
9-25 Sec. 547.002. APPLICABILITY. Unless a provision is
9-26 specifically made applicable, this chapter and the rules of the
9-27 department adopted under this chapter do not apply to:
10-1 (1) an implement of husbandry;
10-2 (2) road machinery;
10-3 (3) a road roller;
10-4 (4) a farm tractor;
10-5 (5) a bicycle, a bicyclist, or bicycle equipment; [or]
10-6 (6) an electric bicycle, an electric bicyclist, or
10-7 electric bicycle equipment; or
10-8 (7) a golf cart not required to be registered under
10-9 Section 502.284.
10-10 SECTION 12. Section 551.002, Transportation Code, is amended
10-11 to read as follows:
10-12 Sec. 551.002. MOPED AND ELECTRIC BICYCLE INCLUDED. A
10-13 provision of this subtitle applicable to a bicycle also applies to:
10-14 (1) a moped, other than a provision that by its nature
10-15 cannot apply to a moped; and
10-16 (2) an electric bicycle, other than a provision that
10-17 by its nature cannot apply to an electric bicycle.
10-18 SECTION 13. Section 551.104, Transportation Code, is amended
10-19 to read as follows:
10-20 Sec. 551.104. SAFETY EQUIPMENT. (a) A person may not
10-21 operate a bicycle unless the bicycle is equipped with a brake
10-22 capable of making a braked wheel skid on dry, level, clean
10-23 pavement.
10-24 (b) A person may not operate a bicycle at nighttime unless
10-25 the bicycle is equipped with:
10-26 (1) a lamp on the front of the bicycle that emits a
10-27 white light visible from a distance of at least 500 feet in front
11-1 of the bicycle; and
11-2 (2) on the rear of the bicycle:
11-3 (A) a red reflector [on the rear of the bicycle]
11-4 that is:
11-5 (i) [(A)] of a type approved by the
11-6 department; and
11-7 (ii) [(B)] visible when directly in front
11-8 of lawful upper beams of motor vehicle headlamps from all distances
11-9 from 50 to 300 feet to the rear of the bicycle; or
11-10 (B) [.]
11-11 [(c) In addition to the reflector required by Subsection
11-12 (b), a person operating a bicycle at nighttime may use] a lamp [on
11-13 the rear of the bicycle] that emits a red light visible from a
11-14 distance of 500 feet to the rear of the bicycle.
11-15 SECTION 14. Subchapter B, Chapter 551, Transportation Code,
11-16 is amended by adding Section 551.106 to read as follows:
11-17 Sec. 551.106. REGULATION OF ELECTRIC BICYCLES. (a) The
11-18 department or a local authority may not prohibit the use of an
11-19 electric bicycle on a highway that is used primarily by motor
11-20 vehicles. The department or a local authority may prohibit the use
11-21 of an electric bicycle on a highway used primarily by pedestrians.
11-22 (b) The department shall establish rules for the
11-23 administration of this section.
11-24 SECTION 15. This Act takes effect September 1, 2001.