H.B. No. 1596
AN ACT
relating to the regulation of motor-assisted scooters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter D, Chapter 551,
Transportation Code, is amended to read as follows:
SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES [AND MOTOR-ASSISTED
SCOOTERS]
SECTION 2. Section 551.301, Transportation Code, is amended
to read as follows:
Sec. 551.301. DEFINITION [DEFINITIONS]. In this
subchapter,[:
[(1)] "neighborhood [Neighborhood] electric vehicle"
means a vehicle subject to Federal Motor Vehicle Safety Standard
500 (49 C.F.R. Section 571.500).
[(2) "Motor assisted scooter" means a self-propelled
device with:
[(A) at least two wheels in contact with the
ground during operation;
[(B) a braking system capable of stopping the
device under typical operating conditions;
[(C) a gas or electric motor not exceeding 40
cubic centimeters;
[(D) a deck designed to allow a person to stand or
sit while operating the device; and
[(E) the ability to be propelled by human power
alone.]
SECTION 3. Chapter 551, Transportation Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS
Sec. 551.351. DEFINITION. In this subchapter,
"motor-assisted scooter" means a self-propelled device with:
(1) at least two wheels in contact with the ground
during operation;
(2) a braking system capable of stopping the device
under typical operating conditions;
(3) a gas or electric motor not exceeding 40 cubic
centimeters;
(4) a deck designed to allow a person to stand or sit
while operating the device; and
(5) the ability to be propelled by human power alone.
Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS. (a) A
motor-assisted scooter may be operated only on a street or highway
for which the posted speed limit is 35 miles per hour or less. The
motor-assisted scooter may cross a road or street at an
intersection where the road or street has a posted speed limit of
more than 35 miles per hour.
(b) A county or municipality may prohibit the operation of a
motor-assisted scooter on a street, highway, or sidewalk if the
governing body of the county or municipality determines that the
prohibition is necessary in the interest of safety.
(c) The department may prohibit the operation of a
motor-assisted scooter on a highway if it determines that the
prohibition is necessary in the interest of safety.
(d) A person may operate a motor-assisted scooter on a path
set aside for the exclusive operation of bicycles or on a sidewalk.
Except as otherwise provided by this section, a provision of this
title applicable to the operation of a bicycle applies to the
operation of a motor-assisted scooter.
(e) A provision of this title applicable to a motor vehicle
does not apply to a motor-assisted scooter.
SECTION 4. Section 551.302, Transportation Code, as added
by Chapter 1325, Acts of the 78th Legislature, Regular Session,
2003, is repealed.
SECTION 5. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1596 was passed by the House on April
6, 2005, by the following vote: Yeas 145, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1596 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor