| 1 | 1 | | 84R23148 AAF-F |
|---|
| 2 | 2 | | By: Gonzales H.B. No. 439 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 439: |
|---|
| 4 | 4 | | By: Pickett C.S.H.B. No. 439 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the titling, registration, and operation of an |
|---|
| 10 | 10 | | autocycle; clarifying the vehicles that may be operated under |
|---|
| 11 | 11 | | certain licenses; amending provisions subject to a criminal |
|---|
| 12 | 12 | | penalty. |
|---|
| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Subchapter A, Chapter 501, Transportation Code, |
|---|
| 15 | 15 | | is amended by adding Section 501.008 to read as follows: |
|---|
| 16 | 16 | | Sec. 501.008. TITLE FOR AUTOCYCLE. (a) In this section, |
|---|
| 17 | 17 | | "autocycle" means a motor vehicle, other than a tractor, that is: |
|---|
| 18 | 18 | | (1) designed to have when propelled not more than |
|---|
| 19 | 19 | | three wheels on the ground; |
|---|
| 20 | 20 | | (2) equipped with a steering wheel; |
|---|
| 21 | 21 | | (3) equipped with seating that does not require the |
|---|
| 22 | 22 | | operator to straddle or sit astride the seat; and |
|---|
| 23 | 23 | | (4) manufactured and certified to comply with federal |
|---|
| 24 | 24 | | safety requirements for a motorcycle. |
|---|
| 25 | 25 | | (b) For purposes of issuing a title under this chapter, an |
|---|
| 26 | 26 | | autocycle is considered to be a motorcycle. |
|---|
| 27 | 27 | | SECTION 2. Subchapter A, Chapter 502, Transportation Code, |
|---|
| 28 | 28 | | is amended by adding Section 502.004 to read as follows: |
|---|
| 29 | 29 | | Sec. 502.004. REGISTRATION OF AUTOCYCLE. (a) In this |
|---|
| 30 | 30 | | section, "autocycle" means a motor vehicle, other than a tractor, |
|---|
| 31 | 31 | | that is: |
|---|
| 32 | 32 | | (1) designed to have when propelled not more than |
|---|
| 33 | 33 | | three wheels on the ground; |
|---|
| 34 | 34 | | (2) equipped with a steering wheel; |
|---|
| 35 | 35 | | (3) equipped with seating that does not require the |
|---|
| 36 | 36 | | operator to straddle or sit astride the seat; and |
|---|
| 37 | 37 | | (4) manufactured and certified to comply with federal |
|---|
| 38 | 38 | | safety requirements for a motorcycle. |
|---|
| 39 | 39 | | (b) For purposes of registering a vehicle under this |
|---|
| 40 | 40 | | chapter, an autocycle is considered to be a motorcycle. |
|---|
| 41 | 41 | | SECTION 3. Section 521.084, Transportation Code, is amended |
|---|
| 42 | 42 | | to read as follows: |
|---|
| 43 | 43 | | Sec. 521.084. CLASS M LICENSE. A Class M driver's license |
|---|
| 44 | 44 | | authorizes the holder of the license to operate a motorcycle or |
|---|
| 45 | 45 | | moped as defined by Section 541.201. |
|---|
| 46 | 46 | | SECTION 4. Section 521.085(b), Transportation Code, is |
|---|
| 47 | 47 | | amended to read as follows: |
|---|
| 48 | 48 | | (b) Subsection (a) does not prohibit a license holder from |
|---|
| 49 | 49 | | operating a lesser type of vehicle that is a motorcycle described by |
|---|
| 50 | 50 | | Section 521.001(a)(6-a) or an autocycle as defined by Section |
|---|
| 51 | 51 | | 501.008. |
|---|
| 52 | 52 | | SECTION 5. Section 545.416, Transportation Code, is amended |
|---|
| 53 | 53 | | by adding Subsection (f) to read as follows: |
|---|
| 54 | 54 | | (f) For purposes of Subsections (c) and (d), an autocycle as |
|---|
| 55 | 55 | | defined by Section 501.008 is considered to be a motorcycle. |
|---|
| 56 | 56 | | SECTION 6. Section 547.617, Transportation Code, is amended |
|---|
| 57 | 57 | | to read as follows: |
|---|
| 58 | 58 | | Sec. 547.617. MOTORCYCLE FOOTRESTS AND HANDHOLDS REQUIRED. |
|---|
| 59 | 59 | | (a) A motorcycle that is designed to carry more than one person |
|---|
| 60 | 60 | | must be equipped with footrests and handholds for use by the |
|---|
| 61 | 61 | | passenger. |
|---|
| 62 | 62 | | (b) This section does not apply to an autocycle as defined |
|---|
| 63 | 63 | | by Section 501.008 or a motorcycle as defined by Section |
|---|
| 64 | 64 | | 521.001(a)(6-a). |
|---|
| 65 | 65 | | SECTION 7. Chapter 661, Transportation Code, is amended by |
|---|
| 66 | 66 | | adding Section 661.0015 to read as follows: |
|---|
| 67 | 67 | | Sec. 661.0015. PROTECTIVE HEADGEAR FOR AUTOCYCLE. (a) In |
|---|
| 68 | 68 | | this section, "autocycle" means a motor vehicle, other than a |
|---|
| 69 | 69 | | tractor, that is: |
|---|
| 70 | 70 | | (1) designed to have when propelled not more than |
|---|
| 71 | 71 | | three wheels on the ground; |
|---|
| 72 | 72 | | (2) equipped with a steering wheel; |
|---|
| 73 | 73 | | (3) equipped with seating that does not require the |
|---|
| 74 | 74 | | operator to straddle or sit astride the seat; and |
|---|
| 75 | 75 | | (4) manufactured and certified to comply with federal |
|---|
| 76 | 76 | | safety requirements for a motorcycle. |
|---|
| 77 | 77 | | (b) For purposes of this chapter, an autocycle is considered |
|---|
| 78 | 78 | | to be a motorcycle. |
|---|
| 79 | 79 | | SECTION 8. This Act takes effect immediately if it receives |
|---|
| 80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 83 | 83 | | Act takes effect September 1, 2015. |
|---|