H.B. No. 3599
AN ACT
relating to the operation of certain three-wheeled vehicles in this
state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.001(a), Transportation Code, is
amended by adding Subdivision (6-a) to read as follows:
(6-a) "Motorcycle" includes an enclosed three-wheeled
passenger vehicle that:
(A) is designed to operate with three wheels in
contact with the ground;
(B) has a minimum unladen weight of 900 lbs.;
(C) has a single, completely enclosed, occupant
compartment;
(D) at a minimum, is equipped with:
(i) seats that are certified by the vehicle
manufacturer to meet the requirements of Federal Motor Vehicle
Safety Standard No. 207, 49 C.F.R. Section 571.207;
(ii) a steering wheel used to maneuver the
vehicle;
(iii) a propulsion unit located in front of
or behind the enclosed occupant compartment;
(iv) a seat belt for each vehicle occupant
certified by the manufacturer to meet the requirements of Federal
Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
(v) a windshield and one or more windshield
wipers certified by the manufacturer to meet the requirements of
Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section
571.205, and Federal Motor Vehicle Safety Standard No. 104, 49
C.F.R. Section 571.104; and
(vi) a vehicle structure certified by the
vehicle manufacturer to meet the requirements of Federal Motor
Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and
(E) is produced by its manufacturer in a minimum
quantity of 300 in any calendar year.
SECTION 2. Section 521.085, Transportation Code, is amended
to read as follows:
Sec. 521.085. TYPE OF VEHICLE AUTHORIZED. (a) Unless
prohibited by Chapter 522, and except as provided by Subsection
(b), the license holder may operate any vehicle of the type for
which that class of license is issued and any lesser type of vehicle
other than a motorcycle or moped.
(b) Subsection (a) does not prohibit a license holder from
operating a lesser type of vehicle that is a motorcycle described by
Section 521.001(a)(6-a).
SECTION 3. Section 661.001(1), Transportation Code, is
amended to read as follows:
(1) "Motorcycle" means a motor vehicle designed to
propel itself with not more than three wheels in contact with the
ground, and having a saddle for the use of the rider. The term does
not include a tractor or a three-wheeled vehicle equipped with a cab
or occupant compartment, seat, and seat belt and designed to
contain the operator in the cab or occupant compartment.
SECTION 4. Section 680.013, Transportation Code, is amended
to read as follows:
Sec. 680.013. USE OF PREFERENTIAL LANE BY MOTORCYCLE. A
motorcycle, including a motorcycle described by Section
521.001(a)(6-a), may be operated in a preferential lane that is not
closed to all vehicular traffic.
SECTION 5. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3599 was passed by the House on April
28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3599 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor