Texas 2009 - 81st Regular

Texas Senate Bill SB129 Compare Versions

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Old	New	Differences
1	1	S.B. No. 129
2	2
3	3
4	4	AN ACT
5	5	relating to the maximum speed limit for a neighborhood electric
6	6	vehicle being operated on a street or highway and to the operation
7	7	of a motorcycle.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subdivision (1), Section 551.301,
10	10	Transportation Code, as amended by Chapters 281 (H.B. 2702) and
11	11	1242 (H.B. 1596), Acts of the 79th Legislature, Regular Session,
12	12	2005, is reenacted and amended to read as follows:
13	13	(1) "Neighborhood electric vehicle" means a vehicle
14	14	that can attain a maximum speed of 35 miles per hour on a paved level
15	15	surface and otherwise complies with [subject to] Federal Motor
16	16	Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
17	17	SECTION 2. Subsection (a), Section 551.303, Transportation
18	18	Code, is amended to read as follows:
19	19	(a) A neighborhood electric vehicle may be operated only on
20	20	a street or highway for which the posted speed limit is 45 [35]
21	21	miles per hour or less. A neighborhood electric vehicle may cross a
22	22	road or street at an intersection where the road or street has a
23	23	posted speed limit of more than 45 [35] miles per hour. A
24	24	neighborhood electric vehicle may not be operated on a street or
25	25	highway at a speed that exceeds the lesser of:
26	26	(1) the posted speed limit; or
27	27	(2) 35 miles per hour.
28	28	SECTION 3. Subsection (a), Section 521.001, Transportation
29	29	Code, is amended by adding Subdivision (6-a) to read as follows:
30	30	(6-a) "Motorcycle" includes an enclosed three-wheeled
31	31	passenger vehicle that:
32	32	(A) is designed to operate with three wheels in
33	33	contact with the ground;
34	34	(B) has a minimum unladen weight of 900 lbs.;
35	35	(C) has a single, completely enclosed, occupant
36	36	compartment;
37	37	(D) at a minimum, is equipped with:
38	38	(i) seats that are certified by the vehicle
39	39	manufacturer to meet the requirements of Federal Motor Vehicle
40	40	Safety Standard No. 207, 49 C.F.R. Section 571.207;
41	41	(ii) a steering wheel used to maneuver the
42	42	vehicle;
43	43	(iii) a propulsion unit located in front of
44	44	or behind the enclosed occupant compartment;
45	45	(iv) a seat belt for each vehicle occupant
46	46	certified by the manufacturer to meet the requirements of Federal
47	47	Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
48	48	(v) a windshield and one or more windshield
49	49	wipers certified by the manufacturer to meet the requirements of
50	50	Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section
51	51	571.205, and Federal Motor Vehicle Safety Standard No. 104, 49
52	52	C.F.R. Section 571.104; and
53	53	(vi) a vehicle structure certified by the
54	54	vehicle manufacturer to meet the requirements of Federal Motor
55	55	Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and
56	56	(E) is produced by its manufacturer in a minimum
57	57	quantity of 300 in any calendar year.
58	58	SECTION 4. Section 521.085, Transportation Code, is amended
59	59	to read as follows:
60	60	Sec. 521.085. TYPE OF VEHICLE AUTHORIZED. (a) Unless
61	61	prohibited by Chapter 522, and except as provided by Subsection
62	62	(b), the license holder may operate any vehicle of the type for
63	63	which that class of license is issued and any lesser type of vehicle
64	64	other than a motorcycle or moped.
65	65	(b) Subsection (a) does not prohibit a license holder from
66	66	operating a lesser type of vehicle that is a motorcycle described by
67	67	Section 521.001(a)(6-a).
68	68	SECTION 5. Subdivision (1), Section 661.001,
69	69	Transportation Code, is amended to read as follows:
70	70	(1) "Motorcycle" means a motor vehicle designed to
71	71	propel itself with not more than three wheels in contact with the
72	72	ground, and having a saddle for the use of the rider. The term does
73	73	not include a tractor or a three-wheeled vehicle equipped with a cab
74	74	or occupant compartment, seat, and seat belt and designed to
75	75	contain the operator in the cab or occupant compartment.
76	76	SECTION 6. Section 680.013, Transportation Code, is amended
77	77	to read as follows:
78	78	Sec. 680.013. USE OF PREFERENTIAL LANE BY MOTORCYCLE. A
79	79	motorcycle, including a motorcycle described by Section
80	80	521.001(a)(6-a), may be operated in a preferential lane that is not
81	81	closed to all vehicular traffic.
82	82	SECTION 7. This Act takes effect September 1, 2009.
83	83	______________________________ ______________________________
84	84	President of the Senate Speaker of the House
85	85	I hereby certify that S.B. No. 129 passed the Senate on
86	86	April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
87	87	the Senate concurred in House amendment on May 29, 2009, by the
88	88	following vote: Yeas 30, Nays 0.
89	89	______________________________
90	90	Secretary of the Senate
91	91	I hereby certify that S.B. No. 129 passed the House, with
92	92	amendment, on May 27, 2009, by the following vote: Yeas 148,
93	93	Nays 0, one present not voting.
94	94	______________________________
95	95	Chief Clerk of the House
96	96	Approved:
97	97	______________________________
98	98	Date
99	99	______________________________
100	100	Governor