86R21247 JXC-F

By: Landgraf H.B. No. 2301

Substitute the following for H.B. No. 2301:

By: Ortega C.S.H.B. No. 2301

A BILL TO BE ENTITLED

AN ACT

relating to the operation of personal delivery and mobile carrying devices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 502.001(26), Transportation Code, is amended to read as follows:

(26) "Motorized mobility device" has the meaning assigned by Section 552A.0101 [542.009].

SECTION 2. Subtitle C, Title 7, Transportation Code, is amended by adding Chapter 552A to read as follows:

CHAPTER 552A. DEVICES SUBJECT TO PEDESTRIAN LAWS

SUBCHAPTER A. PERSONAL DELIVERY AND MOBILE CARRYING DEVICES

Sec. 552A.0001. DEFINITIONS. In this subchapter:

(1) "Agent" has the meaning assigned by Section 7.21, Penal Code.

(2) "Business entity" means a legal entity, including a corporation, partnership, or sole proprietorship, that is formed for the purpose of making a profit.

(3) "Mobile carrying device" means a device that:

(A) transports cargo while remaining within 25 feet of a human operator; and

(B) is equipped with technology that allows the operator to actively monitor the device.

(4) "Pedestrian area" includes a sidewalk, crosswalk, school crosswalk, school crossing zone, or safety zone.

(5) "Personal delivery device" means a device that:

(A) is manufactured primarily for transporting cargo in a pedestrian area or on the side or shoulder of a highway; and

(B) is equipped with automated driving technology, including software and hardware, that enables the operation of the device with the remote support and supervision of a human.

Sec. 552A.0002. APPLICABLE LAW. (a) The operation of a personal delivery or mobile carrying device in a pedestrian area or on the side or shoulder of a highway is governed exclusively by:

(1) this subchapter; and

(2) any applicable regulations adopted by a local authority that are not inconsistent with this subchapter, as authorized under Section 552A.0009.

(b) For the purposes of this title, including Section 545.422, a personal delivery or mobile carrying device operated in compliance with this subchapter is not considered to be a vehicle.

Sec. 552A.0003. OPERATOR OF PERSONAL DELIVERY DEVICE. (a) A person may operate a personal delivery device under this subchapter only if:

(1) the person is a business entity; and

(2) a human who is an agent of the business entity has the capability to monitor or exercise physical control over the navigation and operation of the device.

(b) Except as provided by Subsection (c), when a personal delivery device operated by a business entity is engaged, the business entity is considered to be the operator of the device solely for the purpose of assessing compliance with applicable traffic laws.

(c) When a personal delivery device operated by a business entity is engaged and an agent of the entity controls the device in a manner that is outside the scope of the agent's office or employment, the agent is considered to be the operator of the device.

(d) A person is not considered to be the operator of a personal delivery device solely because the person:

(1) requests a delivery or service provided by the device; or

(2) dispatches the device.

Sec. 552A.0004. OPERATOR OF MOBILE CARRYING DEVICE. A person operating a mobile carrying device is considered to be the operator of the device for the purpose of assessing compliance with applicable traffic laws.

Sec. 552A.0005. DEVICE OPERATION. (a) A personal delivery or mobile carrying device operated under this subchapter must:

(1) operate in a manner that complies with the provisions of this subtitle applicable to pedestrians, unless the provision cannot by its nature apply to the device;

(2) yield the right-of-way to all other traffic, including pedestrians;

(3) not unreasonably interfere with or obstruct other traffic, including pedestrians;

(4) if operated at nighttime, display the lights required by Section 552A.0007 or 552A.0008, as applicable;

(5) comply with any applicable regulations adopted by a local authority under Section 552A.0009;

(6) not transport hazardous materials in a quantity requiring placarding by a regulation issued under the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); and

(7) be monitored or controlled as provided by Section 552A.0003(a) for a personal delivery device or by the operator for a mobile carrying device.

(b) A mobile carrying device operated under this subchapter must remain within 25 feet of the operator while the device is in motion.

Sec. 552A.0006. AREAS AND SPEEDS OF OPERATION. A personal delivery or mobile carrying device operated under this subchapter may be operated only:

(1) in a pedestrian area at a speed of not more than 10 miles per hour; or

(2) on the side of a roadway or the shoulder of a highway at a speed of not more than 20 miles per hour.

Sec. 552A.0007. PERSONAL DELIVERY DEVICE EQUIPMENT. (a) A personal delivery device operated under this subchapter must:

(1) be equipped with a marker that clearly states the name and contact information of the owner and a unique identification number; and

(2) be equipped with a braking system that enables the device to come to a controlled stop.

(b) A personal delivery device operated under this subchapter at nighttime must be equipped with lights on the front and rear of the device that are visible and recognizable under normal atmospheric conditions on all sides of the device from 1 to 500 feet from the device when the light is directly in front of lawful lower beams of headlamps.

Sec. 552A.0008. MOBILE CARRYING DEVICE EQUIPMENT. (a) A mobile carrying device operated under this subchapter must be equipped with a braking system that enables the device to come to a controlled stop.

(b) A mobile carrying device operated under this subchapter at nighttime must be equipped with lights that are visible and recognizable under normal atmospheric conditions from 1 to 50 feet from the device when the light is directly in front of lawful lower beams of headlamps.

Sec. 552A.0009. LOCAL AUTHORITY REGULATION. (a) A local authority may regulate the operation of a personal delivery or mobile carrying device on a highway or in a pedestrian area in a manner not inconsistent with this subchapter.

(b) This section does not affect the authority of a local authority's peace officers to enforce the laws of this state relating to the operation of a personal delivery or mobile carrying device.

Sec. 552A.0010. INSURANCE. A business entity that operates a personal delivery device operated under this subchapter must maintain an insurance policy that includes general liability coverage of not less than $100,000 for damages arising from the operation of the device.

SECTION 3. Chapter 552A, Transportation Code, as added by this Act, is amended by adding Subchapter B, and a heading is added to that subchapter to read as follows:

SUBCHAPTER B. MOBILITY DEVICES

SECTION 4. Section 542.009, Transportation Code, is transferred to Subchapter B, Chapter 552A, Transportation Code, as added by this Act, and redesignated as Section 552A.0101, Transportation Code, to read as follows:

Sec. 552A.0101 [542.009]. OPERATORS OF CERTAIN MOBILITY DEVICES. (a) In this section, "motorized mobility device" means a device designed for transportation of persons with physical disabilities that:

(1) has three or more wheels;

(2) is propelled by a battery-powered motor;

(3) has not more than one forward gear; and

(4) is not capable of speeds exceeding eight miles per hour.

(b) For the purposes of this subtitle, a person operating a nonmotorized wheelchair or motorized mobility device is considered to be a pedestrian.

SECTION 5. Section 551.351(2), Transportation Code, is amended to read as follows:

(2) "Pocket bike or minimotorbike" means a self-propelled vehicle that is equipped with an electric motor or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two wheels in contact with the ground, has a seat or saddle for the use of the operator, is not designed for use on a highway, and is ineligible for a certificate of title under Chapter 501. The term does not include:

(A) a moped or motorcycle;

(B) an electric bicycle or motor-driven cycle, as defined by Section 541.201;

(C) a motorized mobility device, as defined by Section 552A.0101 [542.009];

(D) an electric personal assistive mobility device, as defined by Section 551.201; or

(E) a neighborhood electric vehicle, as defined by Section 551.301.

SECTION 6. 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, 2019.