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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of motor-assisted scooters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.351, Transportation Code, is amended |
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by amending Subdivision (1) and adding Subdivision (3) to read as |
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follows: |
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(1) "Motor-assisted scooter": |
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(A) means a self-propelled device with: |
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(i) at least two wheels in contact with the |
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ground during operation; |
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(ii) a braking system capable of stopping |
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the device under typical operating conditions; |
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(iii) a gas motor with a displacement not |
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exceeding 40 cubic centimeters or an electric motor with a power |
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output not exceeding 2,000 watts [40 cubic centimeters]; |
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(iv) a deck designed to allow a person to |
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stand or sit while operating the device; and |
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(v) the ability to be propelled by human |
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power alone; and |
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(B) does not include a pocket bike or a |
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minimotorbike. |
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(3) "Shared motor-assisted scooter" means a |
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motor-assisted scooter that is rented for a fee. |
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SECTION 2. Subchapter E, Chapter 551, Transportation Code, |
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is amended by adding Section 551.3515 to read as follows: |
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Sec. 551.3515. GENERAL OPERATION OF MOTOR-ASSISTED |
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SCOOTERS. (a) A person must be at least 16 years of age to operate |
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a shared motor-assisted scooter. |
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(b) A person may not use a motor-assisted scooter to carry |
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more than one person. |
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SECTION 3. Section 551.352, Transportation Code, is amended |
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to read as follows: |
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Sec. 551.352. OPERATION ON ROADWAYS, BICYCLE PATHS, OR |
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SIDEWALKS. (a) Except as provided by Subsection (f), a person may |
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operate a [A] motor-assisted scooter [may be operated] only: |
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(1) on a sidewalk or another path that is set aside |
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primarily for the use of nonmotorized traffic, including bicycles |
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and pedestrians; or |
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(2) on a roadway in a bicycle lane, except as provided |
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by Subsection (b) [street or highway for which the posted speed
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limit is 35 miles per hour or less.
The motor-assisted scooter may
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cross a road or street at an intersection where the road or street
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has a posted speed limit of more than 35 miles per hour]. |
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(b) A person may operate a motor-assisted scooter on a |
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roadway without a bicycle lane if: |
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(1) the roadway has a speed limit of 35 miles per hour |
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or less; and |
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(2) the person rides as near as practicable to the |
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right curb or edge of the roadway, unless: |
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(A) the person is: |
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(i) operating the scooter on a one-way |
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roadway, in which case the operator shall ride as near as |
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practicable to the left curb or edge of the roadway; |
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(ii) overtaking or passing another vehicle |
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that is proceeding in the same direction; |
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(iii) preparing to execute a left turn; or |
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(iv) riding alongside not more than one |
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other motor-assisted scooter and both operators are riding in a |
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single lane and in a manner that does not impede the normal and |
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reasonable movement of traffic on the roadway; or |
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(B) hazardous conditions make it reasonably |
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necessary for the operator to avoid the curb or edge of the roadway |
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[A county or municipality may prohibit the operation of a
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motor-assisted scooter on a street, highway, or sidewalk if the
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governing body of the county or municipality determines that the
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prohibition is necessary in the interest of safety]. |
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(c) A person may not operate a motor-assisted scooter at a |
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speed that exceeds: |
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(1) 15 miles per hour if the person is standing; or |
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(2) 20 miles per hour if the person is seated. |
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(d) A person operating a motor-assisted scooter shall yield |
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the right-of-way to a pedestrian. |
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(e) The department may prohibit the operation of a |
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motor-assisted scooter on a highway if it determines that the |
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prohibition is necessary in the interest of safety. |
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(f) [(d)] A person may not operate a shared motor-assisted |
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scooter on a [path set aside for the exclusive operation of bicycles
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or on a] sidewalk. [Except as otherwise provided by this section, a
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provision of this title applicable to the operation of a bicycle
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applies to the operation of a motor-assisted scooter.] |
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(g) [(e)] A provision of this title applicable to a motor |
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vehicle does not apply to a motor-assisted scooter. |
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SECTION 4. Subchapter E, Chapter 551, Transportation Code, |
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is amended by adding Sections 551.354 and 551.355 to read as |
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follows: |
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Sec. 551.354. PARKING. A person may not park a |
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motor-assisted scooter in a manner that obstructs: |
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(1) a roadway, path, or sidewalk; or |
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(2) an improvement or feature of a roadway, path, |
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sidewalk, or building if the primary purpose of the improvement or |
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feature is compliance with the requirements of the Americans With |
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Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.). |
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Sec. 551.355. EFFECT OF SUBCHAPTER ON OTHER LAW. A county |
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or municipality may: |
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(1) further restrict the speed at which a person may |
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operate a motor-assisted scooter; |
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(2) further restrict the locations a person may |
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operate a motor-assisted scooter; |
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(3) increase the minimum age requirement for the |
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operator of a motor-assisted scooter; |
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(4) impose a higher criminal or civil penalty for a |
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violation of this subchapter; |
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(5) further restrict the locations a person may park a |
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motor-assisted scooter; |
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(6) require the operator of a motor-assisted scooter |
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to wear a safety helmet; or |
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(7) prohibit the operation of a motor-assisted scooter |
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on a street, highway, or sidewalk if the governing body of the |
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county or municipality determines that the prohibition is in the |
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public interest or is necessary for safety. |
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SECTION 5. This Act takes effect September 1, 2019. |