| 1 | 1 | | 86R10885 AJZ-F |
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| 2 | 2 | | By: Buckley H.B. No. 2291 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the operation of a gas-powered bicycle. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 502.143, Transportation Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | Sec. 502.143. OTHER VEHICLES. An owner may not register the |
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| 12 | 12 | | following vehicles for operation on a public highway: |
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| 13 | 13 | | (1) power sweepers; |
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| 14 | 14 | | (2) motorized mobility devices; |
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| 15 | 15 | | (3) electric personal assistive mobility devices; |
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| 16 | 16 | | [and] |
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| 17 | 17 | | (4) electric bicycles; and |
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| 18 | 18 | | (5) gas-powered bicycles, as defined by Section |
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| 19 | 19 | | 541.201. |
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| 20 | 20 | | SECTION 2. Section 521.225, Transportation Code, is amended |
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| 21 | 21 | | by adding Subsection (e) to read as follows: |
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| 22 | 22 | | (e) For the purposes of this section, a gas-powered bicycle, |
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| 23 | 23 | | as defined by Section 541.201, is not a moped. |
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| 24 | 24 | | SECTION 3. Section 541.201, Transportation Code, is amended |
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| 25 | 25 | | by adding Subdivision (4-a) and amending Subdivisions (8) and (11) |
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| 26 | 26 | | to read as follows: |
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| 27 | 27 | | (4-a) "Gas-powered bicycle" means a bicycle that: |
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| 28 | 28 | | (A) is designed to be propelled by a gas motor, |
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| 29 | 29 | | exclusively or in combination with the application of human power; |
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| 30 | 30 | | (B) cannot attain a speed of more than 20 miles |
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| 31 | 31 | | per hour without the application of human power; and |
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| 32 | 32 | | (C) does not exceed 100 pounds. |
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| 33 | 33 | | (8) "Moped" means a motor-driven cycle that cannot |
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| 34 | 34 | | attain a speed in one mile of more than 30 miles per hour, has an |
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| 35 | 35 | | [and the] engine that [of which: |
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| 36 | 36 | | [(A)] cannot produce more than two-brake |
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| 37 | 37 | | horsepower, [;] and |
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| 38 | 38 | | [(B)] if the engine is an internal combustion |
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| 39 | 39 | | engine, has a piston displacement of 50 cubic centimeters or less |
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| 40 | 40 | | and connects to a power drive system that does not require the |
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| 41 | 41 | | operator to shift gears. The term does not include a gas-powered |
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| 42 | 42 | | bicycle. |
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| 43 | 43 | | (11) "Motor vehicle" means a self-propelled vehicle or |
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| 44 | 44 | | a vehicle that is propelled by electric power from overhead trolley |
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| 45 | 45 | | wires. The term does not include an electric bicycle, a gas-powered |
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| 46 | 46 | | bicycle, or an electric personal assistive mobility device, as |
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| 47 | 47 | | defined by Section 551.201. |
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| 48 | 48 | | SECTION 4. Section 551.002, Transportation Code, is amended |
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| 49 | 49 | | to read as follows: |
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| 50 | 50 | | Sec. 551.002. MOPED, [AND] ELECTRIC BICYCLE, AND |
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| 51 | 51 | | GAS-POWERED BICYCLE INCLUDED. A provision of this subtitle |
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| 52 | 52 | | applicable to a bicycle also applies to: |
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| 53 | 53 | | (1) a moped, other than a provision that by its nature |
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| 54 | 54 | | cannot apply to a moped; [and] |
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| 55 | 55 | | (2) an electric bicycle, other than a provision that |
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| 56 | 56 | | by its nature cannot apply to an electric bicycle; and |
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| 57 | 57 | | (3) a gas-powered bicycle, other than a provision that |
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| 58 | 58 | | by its nature cannot apply to a gas-powered bicycle. |
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| 59 | 59 | | SECTION 5. Section 551.351(2), Transportation Code, is |
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| 60 | 60 | | amended to read as follows: |
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| 61 | 61 | | (2) "Pocket bike or minimotorbike" means a |
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| 62 | 62 | | self-propelled vehicle that is equipped with an electric motor or |
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| 63 | 63 | | internal combustion engine having a piston displacement of less |
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| 64 | 64 | | than 50 cubic centimeters, is designed to propel itself with not |
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| 65 | 65 | | more than two wheels in contact with the ground, has a seat or |
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| 66 | 66 | | saddle for the use of the operator, is not designed for use on a |
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| 67 | 67 | | highway, and is ineligible for a certificate of title under Chapter |
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| 68 | 68 | | 501. The term does not include: |
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| 69 | 69 | | (A) a moped or motorcycle; |
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| 70 | 70 | | (B) an electric bicycle, gas-powered bicycle, or |
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| 71 | 71 | | motor-driven cycle, as defined by Section 541.201; |
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| 72 | 72 | | (C) a motorized mobility device, as defined by |
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| 73 | 73 | | Section 542.009; |
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| 74 | 74 | | (D) an electric personal assistive mobility |
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| 75 | 75 | | device, as defined by Section 551.201; or |
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| 76 | 76 | | (E) a neighborhood electric vehicle, as defined |
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| 77 | 77 | | by Section 551.301. |
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| 78 | 78 | | SECTION 6. This Act takes effect September 1, 2019. |
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