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  83R4711 AJZ-D
 
  By: Harper-Brown H.B. No. 3641
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a municipality or county to require
  certain persons to wear a helmet while operating a bicycle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 758, Health and Safety Code, is amended
  by adding Section 758.004 to read as follows:
         Sec. 758.004.  AUTHORITY OF MUNICIPALITY OR COUNTY TO
  REQUIRE BICYCLE HELMET. (a) Except as provided by Subsection (b), a
  municipality or county may not enact or enforce an ordinance or
  order that requires an operator who is at least 21 years of age to
  wear a helmet.
         (b)  A municipality or county may enact and enforce an
  ordinance or order that requires an operator who is at least 21
  years of age to wear a helmet when operating a bicycle on a public
  roadway.
         SECTION 2.  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, 2013.