By:  Gutierrez, West (Senate Sponsor - Armbrister)                H.B. No. 1997
	(In the Senate - Received from the House May 2, 2003; 
May 6, 2003, read first time and referred to Committee on 
Intergovernmental Relations; May 20, 2003, reported adversely, 
with favorable Committee Substitute by the following vote:  Yeas 4, 
Nays 0; May 20, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 1997                                   By:  Wentworth


A BILL TO BE ENTITLED

AN ACT


relating to the regulation of electric personal assistive mobility 
devices.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter F, Chapter 502, Transportation Code, 
is amended by adding Section 502.2862 to read as follows:
	Sec. 502.2862.  ELECTRIC PERSONAL ASSISTIVE MOBILITY 
DEVICES.  The owner of an electric personal assistive mobility 
device, as defined by Section 551.201, is not required to register 
the electric personal assistive mobility device.
	SECTION 2.  Section 541.201(11), Transportation Code, is 
amended to read as follows:
		(11)  "Motor vehicle" means a self-propelled vehicle or 
a vehicle that is propelled by electric power from overhead trolley 
wires.  The term does not include an electric bicycle or an electric 
personal assistive mobility device, as defined by Section 551.201.
	SECTION 3.  Section 547.001(7), Transportation Code, is 
amended to read as follows:
		(7)  "Slow-moving vehicle" means:                                             
			(A)  a motor vehicle designed to operate at a 
maximum speed of 25 miles per hour or less, not including an 
electric personal assistive mobility device, as defined by Section 
551.201; or
			(B)  a vehicle, implement of husbandry, or 
machinery, including road construction machinery, that is towed by:
				(i)  an animal; or                                                          
				(ii)  a motor vehicle designed to operate at 
a maximum speed of 25 miles per hour or less.
	SECTION 4.  Section 551.001, Transportation Code, is amended 
to read as follows:
	Sec. 551.001.  PERSONS AFFECTED. Except as provided by 
Subchapter C, this [This] chapter applies only to a person 
operating a bicycle on:
		(1)  a highway; or                                                            
		(2)  a path set aside for the exclusive operation of 
bicycles.              
	SECTION 5.  Chapter 551, Transportation Code, is amended by 
adding Subchapter C to read as follows:

SUBCHAPTER C.  ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
	Sec. 551.201.  DEFINITION.  In this subchapter, "electric 
personal assistive mobility device" means a two non-tandem wheeled 
device designed for transporting one person that is:
		(1)  self-balancing; and                                               
		(2)  propelled by an electric propulsion system with an 
average power of 750 watts or one horsepower.
	Sec. 551.202.  OPERATION ON ROADWAY.  (a)  A person may 
operate an electric personal assistive mobility device on a 
residential street, roadway, or public highway with a speed limit 
of 30 miles per hour or less only:
		(1)  while making a direct crossing of a highway in a 
marked or unmarked crosswalk;
		(2)  where no sidewalk is available; or                                
		(3)  when so directed by a traffic control device or by 
a law enforcement officer.
	(b)  A person may operate an electric personal assistive 
mobility device on a path set aside for the exclusive operation of 
bicycles.
	(c)  Any person operating an electric personal assistive 
mobility device on a residential street, roadway, or public highway 
shall ride as close as practicable to the right-hand edge.
	(d)  Except as otherwise provided by this section, 
provisions of this title applicable to the operation of bicycles 
apply to the operation of electric personal assistive mobility 
devices.
	Sec. 551.203.  SIDEWALKS.  A person may operate an electric 
personal assistive mobility device on a sidewalk.
	SECTION 6.  Section 601.002(5), Transportation Code, is 
amended to read as follows:
		(5)  "Motor vehicle" means a self-propelled vehicle 
designed for use on a highway, a trailer or semitrailer designed for 
use with a self-propelled vehicle, or a vehicle propelled by 
electric power from overhead wires and not operated on rails.  The 
term does not include:
			(A)  a traction engine;                                                      
			(B)  a road roller or grader;                                                
			(C)  a tractor crane;                                                        
			(D)  a power shovel;                                                         
			(E)  a well driller; [or]                                   
			(F)  an implement of husbandry; or                                    
			(G)  an electric personal assistive mobility 
device, as defined by Section 551.201.
	SECTION 7.  This Act takes effect September 1, 2003.                           



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