84R23148 AAF-F
By: Gonzales H.B. No. 439
Substitute the following for H.B. No. 439:
By: Pickett C.S.H.B. No. 439
A BILL TO BE ENTITLED
AN ACT
relating to the titling, registration, and operation of an
autocycle; clarifying the vehicles that may be operated under
certain licenses; amending provisions subject to a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 501, Transportation Code,
is amended by adding Section 501.008 to read as follows:
Sec. 501.008. TITLE FOR AUTOCYCLE. (a) In this section,
"autocycle" means a motor vehicle, other than a tractor, that is:
(1) designed to have when propelled not more than
three wheels on the ground;
(2) equipped with a steering wheel;
(3) equipped with seating that does not require the
operator to straddle or sit astride the seat; and
(4) manufactured and certified to comply with federal
safety requirements for a motorcycle.
(b) For purposes of issuing a title under this chapter, an
autocycle is considered to be a motorcycle.
SECTION 2. Subchapter A, Chapter 502, Transportation Code,
is amended by adding Section 502.004 to read as follows:
Sec. 502.004. REGISTRATION OF AUTOCYCLE. (a) In this
section, "autocycle" means a motor vehicle, other than a tractor,
that is:
(1) designed to have when propelled not more than
three wheels on the ground;
(2) equipped with a steering wheel;
(3) equipped with seating that does not require the
operator to straddle or sit astride the seat; and
(4) manufactured and certified to comply with federal
safety requirements for a motorcycle.
(b) For purposes of registering a vehicle under this
chapter, an autocycle is considered to be a motorcycle.
SECTION 3. Section 521.084, Transportation Code, is amended
to read as follows:
Sec. 521.084. CLASS M LICENSE. A Class M driver's license
authorizes the holder of the license to operate a motorcycle or
moped as defined by Section 541.201.
SECTION 4. Section 521.085(b), Transportation Code, is
amended to read as follows:
(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) or an autocycle as defined by Section
501.008.
SECTION 5. Section 545.416, Transportation Code, is amended
by adding Subsection (f) to read as follows:
(f) For purposes of Subsections (c) and (d), an autocycle as
defined by Section 501.008 is considered to be a motorcycle.
SECTION 6. Section 547.617, Transportation Code, is amended
to read as follows:
Sec. 547.617. MOTORCYCLE FOOTRESTS AND HANDHOLDS REQUIRED.
(a) A motorcycle that is designed to carry more than one person
must be equipped with footrests and handholds for use by the
passenger.
(b) This section does not apply to an autocycle as defined
by Section 501.008 or a motorcycle as defined by Section
521.001(a)(6-a).
SECTION 7. Chapter 661, Transportation Code, is amended by
adding Section 661.0015 to read as follows:
Sec. 661.0015. PROTECTIVE HEADGEAR FOR AUTOCYCLE. (a) In
this section, "autocycle" means a motor vehicle, other than a
tractor, that is:
(1) designed to have when propelled not more than
three wheels on the ground;
(2) equipped with a steering wheel;
(3) equipped with seating that does not require the
operator to straddle or sit astride the seat; and
(4) manufactured and certified to comply with federal
safety requirements for a motorcycle.
(b) For purposes of this chapter, an autocycle is considered
to be a motorcycle.
SECTION 8. 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, 2015.