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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of personal delivery and mobile carrying |
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devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.001(26), Transportation Code, is |
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amended to read as follows: |
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(26) "Motorized mobility device" has the meaning |
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assigned by Section 552A.0101 [542.009]. |
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SECTION 2. Subtitle C, Title 7, Transportation Code, is |
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amended by adding Chapter 552A to read as follows: |
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CHAPTER 552A. DEVICES SUBJECT TO PEDESTRIAN LAWS |
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SUBCHAPTER A. PERSONAL DELIVERY AND MOBILE CARRYING DEVICES |
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Sec. 552A.0001. DEFINITIONS. In this subchapter: |
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(1) "Agent" has the meaning assigned by Section 7.21, |
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Penal Code. |
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(2) "Business entity" means a legal entity, including |
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a corporation, partnership, or sole proprietorship, that is formed |
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for the purpose of making a profit. |
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(3) "Mobile carrying device" means an electrically |
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powered device that: |
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(A) transports cargo while remaining within 25 |
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feet of a human operator; and |
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(B) is equipped with technology that allows the |
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operator to actively monitor the device. |
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(4) "Pedestrian area" includes a sidewalk, crosswalk, |
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school crosswalk, school crossing zone, or safety zone. |
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(5) "Personal delivery device" means an electrically |
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powered device that: |
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(A) is designed primarily for transporting cargo |
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in a pedestrian area; and |
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(B) is equipped with automated driving |
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technology, including software and hardware, that enables the |
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operation of the device with the remote support and supervision of a |
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human. |
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Sec. 552A.0002. APPLICABLE LAW. (a) The operation of a |
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personal delivery or mobile carrying device in a pedestrian area is |
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governed exclusively by: |
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(1) this subchapter; and |
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(2) any applicable regulations adopted by a local |
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authority. |
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(b) For the purposes of this title, including Section |
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545.422, a personal delivery or mobile carrying device operated in |
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compliance with this subchapter is not considered to be a vehicle. |
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Sec. 552A.0003. OPERATOR OF PERSONAL DELIVERY DEVICE. (a) |
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A person may operate a personal delivery device under this |
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subchapter only if: |
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(1) the person is a business entity; and |
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(2) a human who is an agent of the business entity |
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actively monitors or exercises physical control over the navigation |
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and operation of the device. |
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(b) Except as provided by Subsection (c), when a personal |
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delivery device operated by a business entity is engaged, the |
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business entity is considered to be the operator of the device |
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solely for the purpose of assessing compliance with applicable |
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traffic laws. |
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(c) When a personal delivery device operated by a business |
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entity is engaged and an agent of the entity controls the device in |
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a manner that is outside the scope of the agent's office or |
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employment, the agent is considered to be the operator of the |
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device. |
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(d) A person is not considered to be the operator of a |
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personal delivery device solely because the person: |
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(1) requests a delivery or service provided by the |
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device; or |
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(2) dispatches the device. |
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Sec. 552A.0004. OPERATOR OF MOBILE CARRYING DEVICE. A |
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person operating a mobile carrying device is considered to be the |
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operator of the device for the purpose of assessing compliance with |
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applicable traffic laws. |
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Sec. 552A.0005. DEVICE OPERATION. (a) A personal delivery |
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or mobile carrying device operated under this subchapter must: |
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(1) operate in a manner that complies with the |
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provisions of this subtitle applicable to pedestrians, unless the |
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provision cannot by its nature apply to the device; |
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(2) yield the right-of-way to all other traffic, |
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including pedestrians; |
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(3) not unreasonably interfere with other traffic, |
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including pedestrians; |
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(4) if operated at nighttime, display the lights |
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required by Section 552A.0007 or 552A.0008, as applicable; |
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(5) comply with any applicable regulations adopted by |
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a local authority; |
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(6) not transport hazardous materials regulated under |
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the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 |
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et seq.); and |
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(7) be actively monitored or controlled as provided by |
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Section 552A.0003(a) for a personal delivery device or by the |
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operator for a mobile carrying device. |
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(b) A mobile carrying device operated under this subchapter |
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must remain within 25 feet of the operator while the device is in |
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motion. |
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Sec. 552A.0006. AREAS OF OPERATION. A personal delivery or |
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mobile carrying device operated under this subchapter may be |
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operated only: |
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(1) in a pedestrian area; or |
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(2) on a highway in an area that is not a pedestrian |
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area: |
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(A) if a sidewalk is not provided or is not |
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accessible; and |
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(B) on the left side of a roadway or the shoulder |
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of the highway facing oncoming traffic. |
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Sec. 552A.0007. PERSONAL DELIVERY DEVICE EQUIPMENT. (a) A |
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personal delivery device operated under this subchapter must: |
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(1) be equipped with a marker that clearly states the |
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name and contact information of the owner and a unique |
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identification number; |
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(2) be equipped with a braking system that enables the |
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device to come to a controlled stop; |
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(3) weigh less than 110 pounds, excluding any cargo; |
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and |
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(4) have a maximum speed of 12 miles per hour or less. |
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(b) A personal delivery device operated under this |
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subchapter at nighttime must be equipped with lights on the front |
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and rear of the device that are visible and recognizable under |
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normal atmospheric conditions on all sides of the device from 1 to |
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500 feet from the device when the light is directly in front of |
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lawful lower beams of headlamps. |
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Sec. 552A.0008. MOBILE CARRYING DEVICE EQUIPMENT. (a) A |
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mobile carrying device operated under this subchapter must: |
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(1) be equipped with a braking system that enables the |
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device to come to a controlled stop; |
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(2) weigh less than 110 pounds, excluding any cargo; |
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and |
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(3) have a maximum speed of 12 miles per hour or less. |
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(b) A mobile carrying device operated under this subchapter |
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at nighttime must be equipped with lights that are visible and |
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recognizable under normal atmospheric conditions from 1 to 50 feet |
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from the device when the light is directly in front of lawful lower |
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beams of headlamps. |
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Sec. 552A.0009. LOCAL AUTHORITY REGULATION. (a) A local |
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authority may regulate the operation of a personal delivery or |
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mobile carrying device on a highway or in a pedestrian area in a |
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manner not inconsistent with this subchapter. |
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(b) This section does not affect the authority of a local |
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authority's peace officers to enforce the laws of this state |
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relating to the operation of a personal delivery or mobile carrying |
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device. |
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Sec. 552A.0010. INSURANCE. A business entity that operates |
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a personal delivery device operated under this subchapter must |
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maintain an insurance policy that includes general liability |
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coverage of not less than $100,000 for damages arising from the |
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operation of the device. |
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SECTION 3. Chapter 552A, Transportation Code, as added by |
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this Act, is amended by adding Subchapter B, and a heading is added |
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to that subchapter to read as follows: |
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SUBCHAPTER B. MOBILITY DEVICES |
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SECTION 4. Section 542.009, Transportation Code, is |
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transferred to Subchapter B, Chapter 552A, Transportation Code, as |
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added by this Act, and redesignated as Section 552A.0101, |
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Transportation Code, to read as follows: |
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Sec. 552A.0101 [542.009]. OPERATORS OF CERTAIN MOBILITY |
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DEVICES. (a) In this section, "motorized mobility device" means a |
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device designed for transportation of persons with physical |
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disabilities that: |
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(1) has three or more wheels; |
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(2) is propelled by a battery-powered motor; |
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(3) has not more than one forward gear; and |
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(4) is not capable of speeds exceeding eight miles per |
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hour. |
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(b) For the purposes of this subtitle, a person operating a |
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nonmotorized wheelchair or motorized mobility device is considered |
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to be a pedestrian. |
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SECTION 5. Section 551.351(2), Transportation Code, is |
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amended to read as follows: |
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(2) "Pocket bike or minimotorbike" means a |
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self-propelled vehicle that is equipped with an electric motor or |
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internal combustion engine having a piston displacement of less |
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than 50 cubic centimeters, is designed to propel itself with not |
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more than two wheels in contact with the ground, has a seat or |
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saddle for the use of the operator, is not designed for use on a |
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highway, and is ineligible for a certificate of title under Chapter |
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501. The term does not include: |
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(A) a moped or motorcycle; |
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(B) an electric bicycle or motor-driven cycle, as |
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defined by Section 541.201; |
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(C) a motorized mobility device, as defined by |
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Section 552A.0101 [542.009]; |
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(D) an electric personal assistive mobility |
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device, as defined by Section 551.201; or |
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(E) a neighborhood electric vehicle, as defined |
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by Section 551.301. |
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SECTION 6. This Act takes effect September 1, 2019. |