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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of electric and nonelectric bicycles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.143, Transportation Code, is amended |
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to read as follows: |
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Sec. 502.143. OTHER VEHICLES. An owner may not register the |
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following vehicles for operation on a public highway: |
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(1) power sweepers; |
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(2) motorized mobility devices; |
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(3) electric personal assistive mobility devices; and |
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(4) electric bicycles, as defined by Section 664.001. |
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SECTION 2. Sections 541.201(2) and (24), Transportation |
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Code, are amended to read as follows: |
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(2) "Bicycle" means a device that a person may ride and |
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that: |
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(A) is capable of being ridden solely using |
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[propelled by] human power; and |
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(B) has two tandem wheels at least one of which is |
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more than 14 inches in diameter. |
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(24) "Electric bicycle" has the meaning assigned by |
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Section 664.001 [means a bicycle that:
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[(A) is designed to be propelled by an electric
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motor, exclusively or in combination with the application of human
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power;
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[(B) cannot attain a speed of more than 20 miles
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per hour without the application of human power; and
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[(C) does not exceed a weight of 100 pounds]. |
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SECTION 3. Section 551.001, Transportation Code, is amended |
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to read as follows: |
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Sec. 551.001. APPLICABILITY [PERSONS AFFECTED]. Unless |
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specifically provided otherwise, a provision of [Except as provided
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by Subchapter C,] this chapter that applies to a person operating a |
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bicycle applies only to a person operating a bicycle on: |
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(1) a highway; or |
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(2) a path set aside for the exclusive operation of |
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bicycles. |
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SECTION 4. The heading to Subchapter B, Chapter 551, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER B. BICYCLES [REGULATION OF OPERATION] |
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SECTION 5. Section 551.106, Transportation Code, is amended |
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to read as follows: |
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Sec. 551.106. REGULATION OF [ELECTRIC] BICYCLES BY |
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DEPARTMENT OR LOCAL AUTHORITY. (a) The department or a local |
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authority may not prohibit the operation [use] of an electric |
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bicycle: |
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(1) on a highway that is used primarily by motor |
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vehicles; or |
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(2) in an area in which the operation of a nonelectric |
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bicycle is permitted, unless the area is a path that: |
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(A) is not open to motor vehicles; and |
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(B) has a natural surface tread made by clearing |
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and grading the native soil without adding surfacing materials. |
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(b) The department or a local authority may: |
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(1) prohibit the operation of a [use of an electric] |
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bicycle on a sidewalk; and |
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(2) establish speed limits for bicycles on paths set |
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aside for the exclusive operation of bicycles and other paths on |
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which bicycles may be operated [highway used primarily by
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pedestrians]. |
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(c) [(b)] The department may [shall] establish rules for |
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the administration of this section if necessary. |
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SECTION 6. Subchapter B, Chapter 551, Transportation Code, |
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is amended by adding Section 551.107 to read as follows: |
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Sec. 551.107. OPERATION OF ELECTRIC BICYCLE. (a) |
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Subtitles A, B, and D and Chapter 663 do not apply to the operation |
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of an electric bicycle. |
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(b) A person may not operate an electric bicycle unless the |
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electric motor disengages or ceases to function either: |
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(1) when the operator stops pedaling; or |
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(2) when the brakes are applied. |
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(c) A person may not operate a Class 3 electric bicycle, as |
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defined by Section 664.001, unless the person is at least 15 years |
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of age. This subsection does not prohibit a person who is under 15 |
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years of age from riding on a Class 3 bicycle as a passenger. |
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SECTION 7. The heading to Subtitle G, Title 7, |
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Transportation Code, is amended to read as follows: |
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SUBTITLE G. MOTORCYCLES, [AND] OFF-HIGHWAY VEHICLES, AND ELECTRIC |
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BICYCLES |
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SECTION 8. Subtitle G, Title 7, Transportation Code, is |
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amended by adding Chapter 664 to read as follows: |
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CHAPTER 664. STANDARDS FOR ELECTRIC BICYCLES |
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Sec. 664.001. DEFINITIONS. In this chapter: |
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(1) "Class 1 electric bicycle" means an electric |
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bicycle: |
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(A) equipped with a motor that assists the rider |
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only when the rider is pedaling; and |
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(B) with a top assisted speed of 20 miles per hour |
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or less. |
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(2) "Class 2 electric bicycle" means an electric |
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bicycle: |
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(A) equipped with a motor that may be used to |
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propel the bicycle without the pedaling of the rider; and |
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(B) with a top assisted speed of 20 miles per hour |
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or less. |
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(3) "Class 3 electric bicycle" means an electric |
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bicycle: |
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(A) equipped with a motor that assists the rider |
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only when the rider is pedaling; and |
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(B) with a top assisted speed of more than 20 but |
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less than 28 miles per hour. |
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(4) "Electric bicycle" means a bicycle: |
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(A) equipped with: |
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(i) fully operable pedals; and |
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(ii) an electric motor of fewer than 750 |
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watts; and |
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(B) with a top assisted speed of 28 miles per hour |
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or less. |
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(5) "Top assisted speed" means the speed at which the |
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bicycle's motor ceases propelling the bicycle or assisting the |
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rider. |
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Sec. 664.002. LABELING. (a) A person who manufactures or |
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sells an electric bicycle shall apply a permanent label to the |
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electric bicycle in a prominent location that shows in Arial font in |
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at least 9-point type: |
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(1) whether the electric bicycle is a Class 1, Class 2, |
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or Class 3 electric bicycle; |
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(2) the top assisted speed of the electric bicycle; |
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and |
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(3) the motor wattage of the electric bicycle. |
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(b) A person who changes the motor-powered speed capability |
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or engagement of an electric bicycle shall replace the label |
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required by Subsection (a) to show accurate information about the |
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electric bicycle. |
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Sec. 664.003. FEDERAL STANDARDS. A person who manufactures |
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or sells an electric bicycle shall ensure that the bicycle complies |
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with the equipment and manufacturing requirements for bicycles |
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adopted by the United States Consumer Product Safety Commission |
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under 16 C.F.R. Part 1512. |
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Sec. 664.004. SPEEDOMETER. A person who manufactures or |
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sells a Class 3 electric bicycle shall ensure that the bicycle is |
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equipped with a speedometer. |
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SECTION 9. Chapter 664, Transportation Code, as added by |
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this Act, applies only to an electric bicycle manufactured or sold |
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on or after January 1, 2020. |
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SECTION 10. Sections 501.002(7) and 502.001(12), |
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Transportation Code, are repealed. |
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SECTION 11. This Act takes effect September 1, 2019. |
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