79R3748 JD-D
By: Vo H.B. No. 995
A BILL TO BE ENTITLED
AN ACT
relating to the operation of pocket bikes and minimotorbikes;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.001, Transportation Code, is amended
by adding Subdivision (25) to read as follows:
(25) "Pocket bike or minimotorbike" means a
self-propelled vehicle that is equipped with an electric motor or
internal combustion engine having a piston displacement of less
than 50 cubic centimeters, is designed to propel itself with not
more than two wheels in contact with the ground, has a seat or
saddle for the use of the operator, is not designed for use on a
highway, and is ineligible for a certificate of title under Chapter
501. The term does not include:
(A) a golf cart, moped, motorcycle, or tractor;
(B) an electric bicycle or motor-driven cycle, as
defined by Section 541.201;
(C) a motorized mobility device, as defined by
Section 542.009;
(D) an electric personal assistive mobility
device, as defined by Section 551.201; or
(E) a neighborhood electric vehicle or a motor
assisted scooter, as defined by Section 551.301.
SECTION 2. Subchapter A, Chapter 502, Transportation Code,
is amended by adding Section 502.0065 to read as follows:
Sec. 502.0065. POCKET BIKES AND MINIMOTORBIKES. A person
may not register a pocket bike or minimotorbike for operation on a
public highway.
SECTION 3. Subchapter H, Chapter 502, Transportation Code,
is amended by adding Section 502.413 to read as follows:
Sec. 502.413. OPERATION OF POCKET BIKE OR MINIMOTORBIKE ON
PUBLIC HIGHWAY. (a) A person commits an offense if the person
operates, or as the parent or ward of a child younger than 18 years
of age permits the child to operate, a pocket bike or minimotorbike
on a public highway.
(b) An offense under this section is a misdemeanor
punishable by a fine of $750.
(c) In lieu of imposing a fine on the defendant under
Subsection (b), the judge or justice may order that the pocket bike
or minimotorbike be forfeited to and destroyed by the law
enforcement agency that employs the peace officer who cited the
defendant or took the defendant into custody for the offense.
SECTION 4. Section 521.458, Transportation Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) If the motor vehicle involved in an offense under this
section is a pocket bike or minimotorbike, as defined by Section
502.001, an offense under this section is a misdemeanor punishable
by a fine of $750.
(d) In lieu of imposing a fine on the defendant under
Subsection (c), the judge or justice may order that the pocket bike
or minimotorbike be forfeited to and destroyed by the law
enforcement agency that employs the peace officer who cited the
defendant or took the defendant into custody for the offense.
SECTION 5. Section 541.201, Transportation Code, is amended
by adding Subdivision (25) to read as follows:
(25) "Pocket bike or minimotorbike" has the meaning
assigned by Section 502.001.
SECTION 6. Subchapter C, Chapter 542, Transportation Code,
is amended by adding Section 542.304 to read as follows:
Sec. 542.304. OFFENSE INVOLVING OPERATION OF POCKET BIKE OR
MINIMOTORBIKE BY MINOR. (a) A parent or ward of a child younger
than 18 years of age who permits the child to operate a pocket bike
or minimotorbike in violation of this subtitle commits an offense.
(b) An offense under this section is a misdemeanor
punishable by a fine of $750.
(c) In lieu of imposing a fine on the defendant under
Subsection (b), the judge or justice may order that the pocket bike
or minimotorbike be forfeited to and destroyed by the law
enforcement agency that employs the peace officer who cited the
defendant or took the defendant into custody for the offense.
SECTION 7. Section 542.401, Transportation Code, is amended
to read as follows:
Sec. 542.401. GENERAL PENALTY. (a) Except as provided by
Subsection (b), a [A] person convicted of an offense that is a
misdemeanor under this subtitle for which another penalty is not
provided shall be punished by a fine of not less than $1 or more than
$200.
(b) An offense under this subtitle involving the operation
of a pocket bike or minimotorbike is a misdemeanor punishable by a
fine of $750. In lieu of imposing a fine on a defendant under this
subsection, the judge or justice may order that the pocket bike or
minimotorbike be forfeited to and destroyed by the law enforcement
agency that employs the peace officer who cited the defendant or
took the defendant into custody for the offense.
SECTION 8. Section 661.001(1), Transportation Code, is
amended to read as follows:
(1) "Motorcycle" means a motor vehicle designed to
propel itself with not more than two wheels in contact with the
ground, and having a saddle for the use of the rider. For the
purposes of this chapter only, the term includes a pocket bike or
minimotorbike, as defined by Section 502.001. The term does not
include a tractor or a three-wheeled vehicle equipped with a cab,
seat, and seat belt and designed to contain the operator in the cab.
SECTION 9. Section 661.003, Transportation Code, is amended
by amending Subsection (h) and adding Subsections (h-1)-(h-3) to
read as follows:
(h) Except as provided by Subsections (h-1) and (h-2), an
[An] offense under this section is a misdemeanor punishable by a
fine of not less than $10 or more than $50.
(h-1) An offense under this section committed by the
operator of or a passenger on a pocket bike or minimotorbike is a
misdemeanor punishable by a fine of $750.
(h-2) A parent or ward of a child younger than 18 years of
age who permits the child to operate or ride on a pocket bike or
minimotorbike in violation of this section commits an offense. An
offense under this subsection is a misdemeanor punishable by a fine
of $750.
(h-3) In lieu of imposing a fine on the defendant under
Subsection (h-1) or (h-2), the judge or justice may order that the
pocket bike or minimotorbike be forfeited to and destroyed by the
law enforcement agency that employs the peace officer who cited the
defendant or took the defendant into custody for the offense.
SECTION 10. Section 729.001(a), Transportation Code, is
amended to read as follows:
(a) A person who is younger than 17 years of age commits an
offense if the person operates a motor vehicle on a public road or
highway, a street or alley in a municipality, or a public beach in
violation of any traffic law of this state, including:
(1) Chapter 502, other than Section 502.282, [or]
502.412, or 502.413;
(2) Chapter 521, other than an offense under Section
521.457;
(3) Subtitle C, other than an offense punishable under
Section 542.401(b) or by imprisonment or by confinement in jail
under Section 550.021, 550.022, 550.024, or 550.025;
(4) Chapter 601;
(5) Chapter 621;
(6) Chapter 661, other than an offense committed by
the operator of or passenger on a pocket bike or minimotorbike; and
(7) Chapter 681.
SECTION 11. Section 51.02(16), Family Code, is amended to
read as follows:
(16) "Traffic offense" means:
(A) a violation of a penal statute cognizable
under Chapter 729, Transportation Code, except for:
(i) conduct constituting an offense under
Section 502.413, 521.457, 521.458(c), or 661.003(h-1),
Transportation Code;
(ii) conduct constituting an offense under
Section 550.021, Transportation Code;
(iii) conduct constituting an offense
punishable as a Class B misdemeanor under Section 550.022,
Transportation Code;
(iv) conduct constituting an offense
punishable as a Class B misdemeanor under Section 550.024,
Transportation Code; or
(v) conduct constituting an offense
punishable as a Class B misdemeanor under Section 550.025,
Transportation Code; or
(B) a violation of a motor vehicle traffic
ordinance of an incorporated city or town in this state.
SECTION 12. (a) The changes in law made by this Act apply
only to an offense committed on or after the effective date of this
Act.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 13. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.