86R20626 JXC-F
By: Frullo, Larson H.B. No. 2188
Substitute the following for H.B. No. 2188:
By: Landgraf C.S.H.B. No. 2188
A BILL TO BE ENTITLED
AN ACT
relating to the operation of electric and nonelectric bicycles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.143, Transportation Code, is amended
to read as follows:
Sec. 502.143. OTHER VEHICLES. An owner may not register the
following vehicles for operation on a public highway:
(1) power sweepers;
(2) motorized mobility devices;
(3) electric personal assistive mobility devices; and
(4) electric bicycles, as defined by Section 664.001.
SECTION 2. Sections 541.201(2) and (24), Transportation
Code, are amended to read as follows:
(2) "Bicycle" means a device that a person may ride and
that:
(A) is capable of being ridden solely using
[propelled by] human power; and
(B) has two tandem wheels at least one of which is
more than 14 inches in diameter.
(24) "Electric bicycle" has the meaning assigned by
Section 664.001 [means a bicycle that:
[(A) is designed to be propelled by an electric
motor, exclusively or in combination with the application of human
power;
[(B) cannot attain a speed of more than 20 miles
per hour without the application of human power; and
[(C) does not exceed a weight of 100 pounds].
SECTION 3. Section 551.001, Transportation Code, is amended
to read as follows:
Sec. 551.001. APPLICABILITY [PERSONS AFFECTED]. Unless
specifically provided otherwise, a provision of [Except as provided
by Subchapter C,] this chapter that applies to a person operating a
bicycle applies only to a person operating a bicycle on:
(1) a highway; or
(2) a path set aside for the exclusive operation of
bicycles.
SECTION 4. The heading to Subchapter B, Chapter 551,
Transportation Code, is amended to read as follows:
SUBCHAPTER B. BICYCLES [REGULATION OF OPERATION]
SECTION 5. Section 551.106, Transportation Code, is amended
to read as follows:
Sec. 551.106. REGULATION OF [ELECTRIC] BICYCLES BY
DEPARTMENT OR LOCAL AUTHORITY. (a) The department or a local
authority may not prohibit the operation [use] of an electric
bicycle:
(1) on a highway that is used primarily by motor
vehicles; or
(2) in an area in which the operation of a nonelectric
bicycle is permitted, unless the area is a path that:
(A) is not open to motor vehicles; and
(B) has a natural surface tread made by clearing
and grading the native soil without adding surfacing materials.
(b) The department or a local authority may:
(1) prohibit the operation of a [use of an electric]
bicycle on a sidewalk; and
(2) establish speed limits for bicycles on paths set
aside for the exclusive operation of bicycles and other paths on
which bicycles may be operated [highway used primarily by
pedestrians].
(c) [(b)] The department may [shall] establish rules for
the administration of this section if necessary.
SECTION 6. Subchapter B, Chapter 551, Transportation Code,
is amended by adding Section 551.107 to read as follows:
Sec. 551.107. OPERATION OF ELECTRIC BICYCLE. (a)
Subtitles A, B, and D and Chapter 663 do not apply to the operation
of an electric bicycle.
(b) A person may not operate an electric bicycle unless the
electric motor disengages or ceases to function either:
(1) when the operator stops pedaling; or
(2) when the brakes are applied.
(c) A person may not operate a Class 3 electric bicycle, as
defined by Section 664.001, unless the person is at least 15 years
of age. This subsection does not prohibit a person who is under 15
years of age from riding on a Class 3 bicycle as a passenger.
SECTION 7. The heading to Subtitle G, Title 7,
Transportation Code, is amended to read as follows:
SUBTITLE G. MOTORCYCLES, [AND] OFF-HIGHWAY VEHICLES, AND ELECTRIC
BICYCLES
SECTION 8. Subtitle G, Title 7, Transportation Code, is
amended by adding Chapter 664 to read as follows:
CHAPTER 664. STANDARDS FOR ELECTRIC BICYCLES
Sec. 664.001. DEFINITIONS. In this chapter:
(1) "Class 1 electric bicycle" means an electric
bicycle:
(A) equipped with a motor that assists the rider
only when the rider is pedaling; and
(B) with a top assisted speed of 20 miles per hour
or less.
(2) "Class 2 electric bicycle" means an electric
bicycle:
(A) equipped with a motor that may be used to
propel the bicycle without the pedaling of the rider; and
(B) with a top assisted speed of 20 miles per hour
or less.
(3) "Class 3 electric bicycle" means an electric
bicycle:
(A) equipped with a motor that assists the rider
only when the rider is pedaling; and
(B) with a top assisted speed of more than 20 but
less than 28 miles per hour.
(4) "Electric bicycle" means a bicycle:
(A) equipped with:
(i) fully operable pedals; and
(ii) an electric motor of fewer than 750
watts; and
(B) with a top assisted speed of 28 miles per hour
or less.
(5) "Top assisted speed" means the speed at which the
bicycle's motor ceases propelling the bicycle or assisting the
rider.
Sec. 664.002. LABELING. (a) A person who manufactures or
sells an electric bicycle shall apply a permanent label to the
electric bicycle in a prominent location that shows in Arial font in
at least 9-point type:
(1) whether the electric bicycle is a Class 1, Class 2,
or Class 3 electric bicycle;
(2) the top assisted speed of the electric bicycle;
and
(3) the motor wattage of the electric bicycle.
(b) A person who changes the motor-powered speed capability
or engagement of an electric bicycle shall replace the label
required by Subsection (a) to show accurate information about the
electric bicycle.
Sec. 664.003. FEDERAL STANDARDS. A person who manufactures
or sells an electric bicycle shall ensure that the bicycle complies
with the equipment and manufacturing requirements for bicycles
adopted by the United States Consumer Product Safety Commission
under 16 C.F.R. Part 1512.
Sec. 664.004. SPEEDOMETER. A person who manufactures or
sells a Class 3 electric bicycle shall ensure that the bicycle is
equipped with a speedometer.
SECTION 9. Chapter 664, Transportation Code, as added by
this Act, applies only to an electric bicycle manufactured or sold
on or after January 1, 2020.
SECTION 10. Sections 501.002(7) and 502.001(12),
Transportation Code, are repealed.
SECTION 11. This Act takes effect September 1, 2019.