83R4711 AJZ-D
By: Harper-Brown H.B. No. 3641
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality or county to require
certain persons to wear a helmet while operating a bicycle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 758, Health and Safety Code, is amended
by adding Section 758.004 to read as follows:
Sec. 758.004. AUTHORITY OF MUNICIPALITY OR COUNTY TO
REQUIRE BICYCLE HELMET. (a) Except as provided by Subsection (b), a
municipality or county may not enact or enforce an ordinance or
order that requires an operator who is at least 21 years of age to
wear a helmet.
(b) A municipality or county may enact and enforce an
ordinance or order that requires an operator who is at least 21
years of age to wear a helmet when operating a bicycle on a public
roadway.
SECTION 2. 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, 2013.