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.