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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(1), Transportation Code, is |
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amended to read as 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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SECTION 2. The heading to Section 551.352, Transportation |
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Code, is amended to read as follows: |
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Sec. 551.352. OPERATION ON ROADWAYS [OR SIDEWALKS]. |
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SECTION 3. Section 551.352, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A person may operate a motor-assisted scooter [may be |
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operated only] on a street or highway only: |
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(1) in a bicycle lane; or |
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(2) on a street or highway without a bicycle lane if: |
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(A) [for which] the posted speed limit is 30 [35] |
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miles per hour or less; and |
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(B) the operator complies with Section 551.103, |
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regardless of whether the operator is moving slower than the other |
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traffic on the roadway. |
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(a-1) A [The] motor-assisted scooter on a street or highway |
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without a bicycle lane may cross a highway [road] or street at an |
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intersection where the highway [road] or street has a posted speed |
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limit of more than 30 [35] miles per hour. |
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SECTION 4. Sections 551.352(b) and (c), Transportation |
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Code, are redesignated as Section 551.354, Transportation Code, and |
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amended to read as follows: |
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Sec. 551.354. LOCAL AND DEPARTMENT REGULATION. (a) |
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[(b)] A county 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) impose a minimum age requirement for the operator |
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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 a traffic law by an operator of a motor-assisted |
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scooter; |
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(5) 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 necessary |
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in the interest of safety. |
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(b) [(c)] 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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SECTION 5. Section 551.352(d), Transportation Code, is |
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redesignated as Sections 551.3521 and 551.3522, Transportation |
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Code, and amended to read as follows: |
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Sec. 551.3521. OPERATION ON SIDEWALKS AND OTHER AREAS |
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PRIMARILY FOR NONMOTORIZED TRAFFIC. [(d)] A person may operate a |
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motor-assisted scooter on a path set aside primarily for the use of |
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nonmotorized traffic, including [exclusive operation of bicycles |
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or on] a sidewalk. |
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Sec. 551.3522. APPLICABILITY OF BICYCLE AND MOTOR VEHICLE |
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LAWS. (a) Except as otherwise provided by this subchapter |
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[section], a provision of this title applicable to the operation of |
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a bicycle applies to the operation of a motor-assisted scooter. |
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SECTION 6. Section 551.352(e), Transportation Code, is |
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transferred to Section 551.3522, Transportation Code, as added by |
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this Act, and redesignated as Section 551.3522(b), Transportation |
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Code, to read as follows: |
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(b) [(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 7. Subchapter E, Chapter 551, Transportation Code, |
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is amended by adding Sections 551.355, 551.356, and 551.357 to read |
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as follows: |
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Sec. 551.355. LIMITATION ON NUMBER OF RIDERS. A person may |
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not use a motor-assisted scooter to carry more than one person. |
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Sec. 551.356. LIMITATION ON SPEED. A person may not operate |
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a motor-assisted scooter at a 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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Sec. 551.357. REQUIREMENT TO YIELD TO PEDESTRIANS. A |
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person operating a motor-assisted scooter shall yield the |
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right-of-way to a pedestrian. |
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SECTION 8. This Act takes effect September 1, 2021. |