78R7766 DLF-F
By: Oliveira H.B. No. 2488
A BILL TO BE ENTITLED
AN ACT
relating to safety in bicycling and certain other activities using
nonmotorized recreational equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 758, Health and Safety
Code, is amended to read as follows:
CHAPTER 758. [BICYCLE] SAFETY IN BICYCLING AND CERTAIN OTHER
ACTIVITIES USING NONMOTORIZED RECREATIONAL EQUIPMENT
SECTION 2. Section 758.001, Health and Safety Code, is
amended by adding Subdivisions (8), (9), (10), (11), and (12), to
read as follows:
(8) "Nonmotorized recreational equipment" means a
skateboard, roller skates, or a scooter.
(9) "Protective helmet" means headgear that meets or
exceeds the impact standards for protective helmets for bicycles or
nonmotorized recreational equipment set by the United States
Consumer Product Safety Commission, the Snell Memorial Foundation,
or an appropriate state agency.
(10) "Skateboard" means a device that:
(A) does not have a motor;
(B) consists of two or more wheels affixed to a
platform or footboard on which a rider stands;
(C) does not have steering capability similar to
that of a bicycle; and
(D) does not have brakes that operate on the
wheels.
(11) "Scooter" means a device that:
(A) does not have a motor;
(B) consists of two or more wheels affixed to a
platform or footboard on which a rider stands; and
(C) has a handle or other mechanism for holding
or guiding the device.
(12) "Roller skates" means a pair of devices that:
(A) do not have a motor; and
(B) consist of a shoe with a set of wheels
attached for skating or a metal frame with wheels attached that can
be fitted to the sole of a shoe worn by a person.
SECTION 3. The heading to Section 758.002, Health and
Safety Code, is amended to read as follows:
Sec. 758.002. [BICYCLE] SAFETY EDUCATION PROGRAM.
SECTION 4. Section 758.002, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), (e), and (f) and
adding Subsection (h) to read as follows:
(a) The department may establish and administer a statewide
[bicycle] safety education program relating to bicycles and
nonmotorized recreational equipment and may adopt rules to
implement the program. The program must include instruction
concerning:
(1) the safe handling and use of bicycles and
nonmotorized recreational equipment;
(2) high risk traffic situations, if applicable;
(3) [bicycle and] traffic handling skills, if
applicable;
(4) [on-bike] training on a bicycle or using
nonmotorized recreational equipment;
(5) correct use of protective [bicycle] helmets; and
(6) traffic laws and regulations, if applicable.
(b) The department may issue a certificate or other evidence
of completion to a person who has successfully completed an [a
bicycle] education course under this section.
(c) Subject to the establishment of an [a bicycle] education
program by the department, a person born after December 31, 1985,
who resides in a metropolitan statistical area as defined by the
United States Office of Management and Budget may complete an [a
bicycle] education course approved by the department before
operating a bicycle or using nonmotorized recreational equipment on
a public roadway, public bicycle path, or other public
right-of-way. The course may be completed before the person's 10th
birthday.
(e) The department may:
(1) determine the qualifications for an instructor in
the [bicycle] education program;
(2) use volunteer instructors; and
(3) certify organizations to recruit and train
instructors for the program.
(f) In administering this section, the department may
contract with an educational institution, state agency, local
government, or nonprofit organization interested in [bicycle]
education relating to bicycles or nonmotorized recreational
equipment.
(h) The department may encourage communications media to
run, print, or otherwise disseminate public service announcements
regarding the names and addresses of hospitals and other entities
that have volunteered to provide free protective helmets to
children or other members of the public.
SECTION 5. Chapter 758, Health and Safety Code, is amended
by adding Sections 758.004, 758.005, 758.006, and 758.007 to read
as follows:
Sec. 758.004. REQUIREMENTS FOR PROTECTIVE HELMET USE. (a)
This section applies to the use of a bicycle or nonmotorized
recreational equipment on a public roadway, public bicycle path, or
other public right-of-way that is located in a municipality with a
population of 200,000 or more.
(b) A person younger than 15 years of age who is an operator
or passenger on a bicycle or nonmotorized recreational equipment
shall wear a properly fitting protective helmet that is:
(1) appropriate for a bicycle or for the type of
nonmotorized recreational equipment used, as applicable; and
(2) fastened securely on the head with the straps or
other appropriate fastener of that helmet.
(c) A parent or legal guardian of a person younger than 15
years of age may not knowingly or recklessly permit the person to
operate a bicycle or use nonmotorized recreational equipment or to
be a passenger on a bicycle or nonmotorized recreational equipment
unless the person is wearing a protective helmet as prescribed by
Subsection (b).
(d) In a cause of action in which damages are sought for
injuries or death suffered by a person in connection with the
person's operation of a bicycle or use of nonmotorized recreational
equipment or being a passenger on a bicycle or nonmotorized
recreational equipment at a time when the person was younger than 15
years of age, the failure of the person or of the parent or legal
guardian of the person to comply with this section does not
constitute responsibility causing or contributing to the cause of
the person's injuries or death for purposes of Chapter 33, Civil
Practice and Remedies Code.
Sec. 758.005. SALE OR RENTAL OF BICYCLES. (a) This section
applies only to a person in the business of selling or renting
bicycles or nonmotorized recreational equipment in a municipality
with a population of 250,000 or more.
(b) A person regularly engaged in the business of selling
bicycles or nonmotorized recreational equipment shall provide to
each purchaser a written explanation of the requirement under
Section 758.004 that a person wear a protective helmet.
(c) A person may not rent a bicycle or nonmotorized
recreational equipment to another person unless:
(1) each person younger than 15 years of age who the
person renting the bicycle or equipment knows will be an operator or
passenger on the bicycle or equipment possesses a properly fitting
protective helmet at the time the bicycle or equipment is rented; or
(2) the rental agreement includes the provision of a
properly fitting protective helmet for each operator or passenger
younger than 15 years of age.
(d) A person who sells bicycles or nonmotorized
recreational equipment is not liable in civil damages for:
(1) the failure to provide the written explanation of
the law as required by Subsection (b); or
(2) an operator's or passenger's failure to wear a
protective helmet.
(e) A person who rents bicycles or nonmotorized
recreational equipment to another and has fully complied with
Subsection (c) is not liable in civil damages for an operator's or
passenger's failure to wear a protective helmet.
(f) The immunity from civil liability provided in
Subsection (d) does not apply to a seller who provides information
regarding the requirements under Section 758.004 if the information
is false with respect to:
(1) the requirements under Section 758.004(b); or
(2) the existence of Section 758.004 in general.
Sec. 758.006. LOCAL REGULATION. This chapter does not
preempt a local regulation of the use of protective helmets or
affect the authority of a political subdivision to adopt or enforce
an ordinance or requirement relating to the use of protective
helmets if the regulation, ordinance, or requirement is compatible
with and equal to or more stringent than this chapter.
Sec. 758.007. USE OF NONMOTORIZED EQUIPMENT ON PUBLIC
ROADWAY. This chapter does not authorize the use of nonmotorized
equipment on a public roadway that is otherwise inconsistent with
law.
SECTION 6. This Act takes effect September 1, 2003.