By: Ellis  S.B. No. 129
         (In the Senate - Filed November 10, 2008; February 10, 2009,
  read first time and referred to Committee on Transportation and
  Homeland Security; April 1, 2009, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 9,
  Nays 0; April 1, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 129 By:  Ellis
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the maximum speed limit for a neighborhood electric
  vehicle being operated on a street or highway.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivision (1), Section 551.301,
  Transportation Code, as amended by Chapters 281 (H.B. 2702) and
  1242 (H.B. 1596), Acts of the 79th Legislature, Regular Session,
  2005, is reenacted and amended to read as follows:
               (1)  "Neighborhood electric vehicle" means a vehicle
  that can attain a maximum speed of 35 miles per hour on a paved level
  surface and otherwise complies with [subject to] Federal Motor
  Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
         SECTION 2.  Subsection (a), Section 551.303, Transportation
  Code, is amended to read as follows:
         (a)  A neighborhood electric vehicle may be operated only on
  a street or highway for which the posted speed limit is 45 [35]
  miles per hour or less. A neighborhood electric vehicle may cross a
  road or street at an intersection where the road or street has a
  posted speed limit of more than 45 [35] miles per hour. A
  neighborhood electric vehicle may not be operated on a street or
  highway at a speed that exceeds the lesser of:
               (1)  the posted speed limit; or
               (2)  35 miles per hour.
         SECTION 3.  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, 2009.
 
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