By: Brown of Brazos (Senate Sponsor - Ellis) H.B. No. 3599
         (In the Senate - Received from the House April 29, 2009;
  May 1, 2009, read first time and referred to Committee on
  Transportation and Homeland Security; May 23, 2009, reported
  favorably by the following vote:  Yeas 7, Nays 0; May 23, 2009, sent
  to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the operation of certain three-wheeled vehicles in this
  state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 521.001(a), Transportation Code, is
  amended by adding Subdivision (6-a) to read as follows:
               (6-a)  "Motorcycle" includes an enclosed three-wheeled
  passenger vehicle that:
                     (A)  is designed to operate with three wheels in
  contact with the ground;
                     (B)  has a minimum unladen weight of 900 lbs.;
                     (C)  has a single, completely enclosed, occupant
  compartment;
                     (D)  at a minimum, is equipped with:
                           (i)  seats that are certified by the vehicle
  manufacturer to meet the requirements of Federal Motor Vehicle
  Safety Standard No. 207, 49 C.F.R. Section 571.207;
                           (ii)  a steering wheel used to maneuver the
  vehicle;
                           (iii)  a propulsion unit located in front of
  or behind the enclosed occupant compartment;
                           (iv)  a seat belt for each vehicle occupant
  certified by the manufacturer to meet the requirements of Federal
  Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
                           (v)  a windshield and one or more windshield
  wipers certified by the manufacturer to meet the requirements of
  Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section
  571.205, and Federal Motor Vehicle Safety Standard No. 104, 49
  C.F.R. Section 571.104; and
                           (vi)  a vehicle structure certified by the
  vehicle manufacturer to meet the requirements of Federal Motor
  Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and
                     (E)  is produced by its manufacturer in a minimum
  quantity of 300 in any calendar year.
         SECTION 2.  Section 521.085, Transportation Code, is amended
  to read as follows:
         Sec. 521.085.  TYPE OF VEHICLE AUTHORIZED. (a) Unless
  prohibited by Chapter 522, and except as provided by Subsection
  (b), the license holder may operate any vehicle of the type for
  which that class of license is issued and any lesser type of vehicle
  other than a motorcycle or moped.
         (b)  Subsection (a) does not prohibit a license holder from
  operating a lesser type of vehicle that is a motorcycle described by
  Section 521.001(a)(6-a).
         SECTION 3.  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 three wheels in contact with the
  ground, and having a saddle for the use of the rider. The term does
  not include a tractor or a three-wheeled vehicle equipped with a cab
  or occupant compartment, seat, and seat belt and designed to
  contain the operator in the cab or occupant compartment.
         SECTION 4.  Section 680.013, Transportation Code, is amended
  to read as follows:
         Sec. 680.013.  USE OF PREFERENTIAL LANE BY MOTORCYCLE.  A
  motorcycle, including a motorcycle described by Section
  521.001(a)(6-a), may be operated in a preferential lane that is not
  closed to all vehicular traffic.
         SECTION 5.  This Act takes effect September 1, 2009.
 
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