By: Ellis S.B. No. 129 (In the Senate - Filed November 10, 2008; February 10, 2009, read first time and referred to Committee on Transportation and Homeland Security; April 1, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 1, 2009, sent to printer.) COMMITTEE SUBSTITUTE FOR S.B. No. 129 By: Ellis A BILL TO BE ENTITLED AN ACT relating to the maximum speed limit for a neighborhood electric vehicle being operated on a street or highway. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subdivision (1), Section 551.301, Transportation Code, as amended by Chapters 281 (H.B. 2702) and 1242 (H.B. 1596), Acts of the 79th Legislature, Regular Session, 2005, is reenacted and amended to read as follows: (1) "Neighborhood electric vehicle" means a vehicle that can attain a maximum speed of 35 miles per hour on a paved level surface and otherwise complies with [subject to] Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500). SECTION 2. Subsection (a), Section 551.303, Transportation Code, is amended to read as follows: (a) A neighborhood electric vehicle may be operated only on a street or highway for which the posted speed limit is 45 [35] miles per hour or less. A neighborhood electric vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 45 [35] miles per hour. A neighborhood electric vehicle may not be operated on a street or highway at a speed that exceeds the lesser of: (1) the posted speed limit; or (2) 35 miles per hour. SECTION 3. 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, 2009. * * * * *