Texas 2019 - 86th Regular

Texas House Bill HB2188 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2188
	1	+	By: Frullo, Larson H.B. No. 2188
	2	+	(Senate Sponsor - Alvarado, Taylor)
	3	+	(In the Senate - Received from the House April 30, 2019;
	4	+	May 3, 2019, read first time and referred to Committee on
	5	+	Transportation; May 13, 2019, reported favorably by the following
	6	+	vote: Yeas 8, Nays 0; May 13, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the operation of electric and nonelectric bicycles.
6	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	14		SECTION 1. Section 502.143, Transportation Code, is amended
8	15		to read as follows:
9	16		Sec. 502.143. OTHER VEHICLES. An owner may not register the
10	17		following vehicles for operation on a public highway:
11	18		(1) power sweepers;
12	19		(2) motorized mobility devices;
13	20		(3) electric personal assistive mobility devices; and
14	21		(4) electric bicycles, as defined by Section 664.001.
15	22		SECTION 2. Sections 541.201(2) and (24), Transportation
16	23		Code, are amended to read as follows:
17	24		(2) "Bicycle" means a device that a person may ride and
18	25		that:
19	26		(A) is capable of being ridden solely using
20	27		[propelled by] human power; and
21	28		(B) has two tandem wheels at least one of which is
22	29		more than 14 inches in diameter.
23	30		(24) "Electric bicycle" has the meaning assigned by
24	31		Section 664.001 [means a bicycle that:
25	32		[(A) is designed to be propelled by an electric
26	33		motor, exclusively or in combination with the application of human
27	34		power;
28	35		[(B) cannot attain a speed of more than 20 miles
29	36		per hour without the application of human power; and
30	37		[(C) does not exceed a weight of 100 pounds].
31	38		SECTION 3. Section 551.001, Transportation Code, is amended
32	39		to read as follows:
33	40		Sec. 551.001. APPLICABILITY [PERSONS AFFECTED]. Unless
34	41		specifically provided otherwise, a provision of [Except as provided
35	42		by Subchapter C,] this chapter that applies to a person operating a
36	43		bicycle applies only to a person operating a bicycle on:
37	44		(1) a highway; or
38	45		(2) a path set aside for the exclusive operation of
39	46		bicycles.
40	47		SECTION 4. The heading to Subchapter B, Chapter 551,
41	48		Transportation Code, is amended to read as follows:
42	49		SUBCHAPTER B. BICYCLES [REGULATION OF OPERATION]
43	50		SECTION 5. Section 551.106, Transportation Code, is amended
44	51		to read as follows:
45	52		Sec. 551.106. REGULATION OF [ELECTRIC] BICYCLES BY
46	53		DEPARTMENT OR LOCAL AUTHORITY. (a) The department or a local
47	54		authority may not prohibit the operation [use] of an electric
48	55		bicycle:
49	56		(1) on a highway that is used primarily by motor
50	57		vehicles; or
51	58		(2) in an area in which the operation of a nonelectric
52	59		bicycle is permitted, unless the area is a path that:
53	60		(A) is not open to motor vehicles; and
54	61		(B) has a natural surface tread made by clearing
55	62		and grading the native soil without adding surfacing materials.
56	63		(b) The department or a local authority may:
57	64		(1) prohibit the operation of a [use of an electric]
58	65		bicycle on a sidewalk; and
59	66		(2) establish speed limits for bicycles on paths set
60	67		aside for the exclusive operation of bicycles and other paths on
61	68		which bicycles may be operated [highway used primarily by
62	69		pedestrians].
63	70		(c) [(b)] The department may [shall] establish rules for
64	71		the administration of this section if necessary.
65	72		SECTION 6. Subchapter B, Chapter 551, Transportation Code,
66	73		is amended by adding Section 551.107 to read as follows:
67	74		Sec. 551.107. OPERATION OF ELECTRIC BICYCLE. (a)
68	75		Subtitles A, B, and D and Chapter 663 do not apply to the operation
69	76		of an electric bicycle.
70	77		(b) A person may not operate an electric bicycle unless the
71	78		electric motor disengages or ceases to function either:
72	79		(1) when the operator stops pedaling; or
73	80		(2) when the brakes are applied.
74	81		(c) A person may not operate a Class 3 electric bicycle, as
75	82		defined by Section 664.001, unless the person is at least 15 years
76	83		of age. This subsection does not prohibit a person who is under 15
77	84		years of age from riding on a Class 3 bicycle as a passenger.
78	85		SECTION 7. The heading to Subtitle G, Title 7,
79	86		Transportation Code, is amended to read as follows:
80	87		SUBTITLE G. MOTORCYCLES, [AND] OFF-HIGHWAY VEHICLES, AND ELECTRIC
81	88		BICYCLES
82	89		SECTION 8. Subtitle G, Title 7, Transportation Code, is
83	90		amended by adding Chapter 664 to read as follows:
84	91		CHAPTER 664. STANDARDS FOR ELECTRIC BICYCLES
85	92		Sec. 664.001. DEFINITIONS. In this chapter:
86	93		(1) "Class 1 electric bicycle" means an electric
87	94		bicycle:
88	95		(A) equipped with a motor that assists the rider
89	96		only when the rider is pedaling; and
90	97		(B) with a top assisted speed of 20 miles per hour
91	98		or less.
92	99		(2) "Class 2 electric bicycle" means an electric
93	100		bicycle:
94	101		(A) equipped with a motor that may be used to
95	102		propel the bicycle without the pedaling of the rider; and
96	103		(B) with a top assisted speed of 20 miles per hour
97	104		or less.
98	105		(3) "Class 3 electric bicycle" means an electric
99	106		bicycle:
100	107		(A) equipped with a motor that assists the rider
101	108		only when the rider is pedaling; and
102	109		(B) with a top assisted speed of more than 20 but
103	110		less than 28 miles per hour.
104	111		(4) "Electric bicycle" means a bicycle:
105	112		(A) equipped with:
106	113		(i) fully operable pedals; and
107	114		(ii) an electric motor of fewer than 750
108	115		watts; and
109	116		(B) with a top assisted speed of 28 miles per hour
110	117		or less.
111	118		(5) "Top assisted speed" means the speed at which the
112	119		bicycle's motor ceases propelling the bicycle or assisting the
113	120		rider.
114	121		Sec. 664.002. LABELING. (a) A person who manufactures or
115	122		sells an electric bicycle shall apply a permanent label to the
116	123		electric bicycle in a prominent location that shows in Arial font in
117	124		at least 9-point type:
118	125		(1) whether the electric bicycle is a Class 1, Class 2,
119	126		or Class 3 electric bicycle;
120	127		(2) the top assisted speed of the electric bicycle;
121	128		and
122	129		(3) the motor wattage of the electric bicycle.
123	130		(b) A person who changes the motor-powered speed capability
124	131		or engagement of an electric bicycle shall replace the label
125	132		required by Subsection (a) to show accurate information about the
126	133		electric bicycle.
127	134		Sec. 664.003. FEDERAL STANDARDS. A person who manufactures
128	135		or sells an electric bicycle shall ensure that the bicycle complies
129	136		with the equipment and manufacturing requirements for bicycles
130	137		adopted by the United States Consumer Product Safety Commission
131	138		under 16 C.F.R. Part 1512.
132	139		Sec. 664.004. SPEEDOMETER. A person who manufactures or
133	140		sells a Class 3 electric bicycle shall ensure that the bicycle is
134	141		equipped with a speedometer.
135	142		SECTION 9. Chapter 664, Transportation Code, as added by
136	143		this Act, applies only to an electric bicycle manufactured or sold
137	144		on or after January 1, 2020.
138	145		SECTION 10. Sections 501.002(7) and 502.001(12),
139	146		Transportation Code, are repealed.
140	147		SECTION 11. This Act takes effect September 1, 2019.
141		-	______________________________ ______________________________
142		-	President of the Senate Speaker of the House
143		-	I certify that H.B. No. 2188 was passed by the House on April
144		-	30, 2019, by the following vote: Yeas 145, Nays 2, 1 present, not
145		-	voting.
146		-	______________________________
147		-	Chief Clerk of the House
148		-	I certify that H.B. No. 2188 was passed by the Senate on May
149		-	22, 2019, by the following vote: Yeas 29, Nays 2.
150		-	______________________________
151		-	Secretary of the Senate
152		-	APPROVED: _____________________
153		-	Date
154		-	_____________________
155		-	Governor
	148	+	* * * * *