S.B. No. 129
AN ACT
relating to the maximum speed limit for a neighborhood electric
vehicle being operated on a street or highway and to the operation
of a motorcycle.
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. Subsection (a), Section 521.001, 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 4. 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 5. Subdivision (1), Section 661.001,
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 6. 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 7. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 129 passed the Senate on
April 9, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 129 passed the House, with
amendment, on May 27, 2009, by the following vote: Yeas 148,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor