By: Armbrister S.B. No. 1277
(In the Senate - Filed March 12, 2003; March 19, 2003, read
first time and referred to Committee on Intergovernmental
Relations; April 29, 2003, reported favorably by the following
vote: Yeas 3, Nays 1; April 29, 2003, sent to printer.)
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. Subdivision (11), Section 541.201,
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. Subdivision (7), Section 547.001,
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. DEFINITIONS. 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 roadway
with a speed limit of 35 miles per hour or less.
(b) A person may not operate an electric personal assistive
mobility device on a roadway with a speed limit of more than 35
miles per hour unless the person operates the device on a part of
the roadway set aside for the exclusive operation of bicycles.
(c) A person may not operate an electric personal assistive
mobility device on a roadway where the operation of bicycles is
prohibited.
(d) A person may operate an electric personal assistive
mobility device on a path set aside for the exclusive operation of
bicycles.
(e) 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. Subdivision (5), Section 601.002,
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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