| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 86R10663 JXC-F | |
| 2 | 2 | By: Landgraf H.B. No. 2301 | |
| 3 | - | Substitute the following for H.B. No. 2301: | |
| 4 | - | By: Ortega C.S.H.B. No. 2301 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to the operation of personal delivery and mobile carrying | |
| 10 | 8 | devices. | |
| 11 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 10 | SECTION 1. Section 502.001(26), Transportation Code, is | |
| 13 | 11 | amended to read as follows: | |
| 14 | 12 | (26) "Motorized mobility device" has the meaning | |
| 15 | 13 | assigned by Section 552A.0101 [542.009]. | |
| 16 | 14 | SECTION 2. Subtitle C, Title 7, Transportation Code, is | |
| 17 | 15 | amended by adding Chapter 552A to read as follows: | |
| 18 | 16 | CHAPTER 552A. DEVICES SUBJECT TO PEDESTRIAN LAWS | |
| 19 | 17 | SUBCHAPTER A. PERSONAL DELIVERY AND MOBILE CARRYING DEVICES | |
| 20 | 18 | Sec. 552A.0001. DEFINITIONS. In this subchapter: | |
| 21 | 19 | (1) "Agent" has the meaning assigned by Section 7.21, | |
| 22 | 20 | Penal Code. | |
| 23 | 21 | (2) "Business entity" means a legal entity, including | |
| 24 | 22 | a corporation, partnership, or sole proprietorship, that is formed | |
| 25 | 23 | for the purpose of making a profit. | |
| 26 | - | (3) "Mobile carrying device" means a device that: | |
| 24 | + | (3) "Mobile carrying device" means an electrically | |
| 25 | + | powered device that: | |
| 27 | 26 | (A) transports cargo while remaining within 25 | |
| 28 | 27 | feet of a human operator; and | |
| 29 | 28 | (B) is equipped with technology that allows the | |
| 30 | 29 | operator to actively monitor the device. | |
| 31 | 30 | (4) "Pedestrian area" includes a sidewalk, crosswalk, | |
| 32 | 31 | school crosswalk, school crossing zone, or safety zone. | |
| 33 | - | (5) "Personal delivery device" means | |
| 34 | - | | |
| 35 | - | cargo | |
| 36 | - | and | |
| 32 | + | (5) "Personal delivery device" means an electrically | |
| 33 | + | powered device that: | |
| 34 | + | (A) is designed primarily for transporting cargo | |
| 35 | + | in a pedestrian area; and | |
| 37 | 36 | (B) is equipped with automated driving | |
| 38 | 37 | technology, including software and hardware, that enables the | |
| 39 | 38 | operation of the device with the remote support and supervision of a | |
| 40 | 39 | human. | |
| 41 | 40 | Sec. 552A.0002. APPLICABLE LAW. (a) The operation of a | |
| 42 | - | personal delivery or mobile carrying device in a pedestrian area | |
| 43 | - | ||
| 41 | + | personal delivery or mobile carrying device in a pedestrian area is | |
| 42 | + | governed exclusively by: | |
| 44 | 43 | (1) this subchapter; and | |
| 45 | 44 | (2) any applicable regulations adopted by a local | |
| 46 | - | authority that are not inconsistent with this subchapter, as | |
| 47 | - | authorized under Section 552A.0009. | |
| 45 | + | authority. | |
| 48 | 46 | (b) For the purposes of this title, including Section | |
| 49 | 47 | 545.422, a personal delivery or mobile carrying device operated in | |
| 50 | 48 | compliance with this subchapter is not considered to be a vehicle. | |
| 51 | 49 | Sec. 552A.0003. OPERATOR OF PERSONAL DELIVERY DEVICE. (a) | |
| 52 | 50 | A person may operate a personal delivery device under this | |
| 53 | 51 | subchapter only if: | |
| 54 | 52 | (1) the person is a business entity; and | |
| 55 | - | (2) a human who is an agent of the business entity | |
| 56 | - | | |
| 57 | - | ||
| 53 | + | (2) a human who is an agent of the business entity | |
| 54 | + | actively monitors or exercises physical control over the navigation | |
| 55 | + | and operation of the device. | |
| 58 | 56 | (b) Except as provided by Subsection (c), when a personal | |
| 59 | 57 | delivery device operated by a business entity is engaged, the | |
| 60 | 58 | business entity is considered to be the operator of the device | |
| 61 | 59 | solely for the purpose of assessing compliance with applicable | |
| 62 | 60 | traffic laws. | |
| 63 | 61 | (c) When a personal delivery device operated by a business | |
| 64 | 62 | entity is engaged and an agent of the entity controls the device in | |
| 65 | 63 | a manner that is outside the scope of the agent's office or | |
| 66 | 64 | employment, the agent is considered to be the operator of the | |
| 67 | 65 | device. | |
| 68 | 66 | (d) A person is not considered to be the operator of a | |
| 69 | 67 | personal delivery device solely because the person: | |
| 70 | 68 | (1) requests a delivery or service provided by the | |
| 71 | 69 | device; or | |
| 72 | 70 | (2) dispatches the device. | |
| 73 | 71 | Sec. 552A.0004. OPERATOR OF MOBILE CARRYING DEVICE. A | |
| 74 | 72 | person operating a mobile carrying device is considered to be the | |
| 75 | 73 | operator of the device for the purpose of assessing compliance with | |
| 76 | 74 | applicable traffic laws. | |
| 77 | 75 | Sec. 552A.0005. DEVICE OPERATION. (a) A personal delivery | |
| 78 | 76 | or mobile carrying device operated under this subchapter must: | |
| 79 | 77 | (1) operate in a manner that complies with the | |
| 80 | 78 | provisions of this subtitle applicable to pedestrians, unless the | |
| 81 | 79 | provision cannot by its nature apply to the device; | |
| 82 | 80 | (2) yield the right-of-way to all other traffic, | |
| 83 | 81 | including pedestrians; | |
| 84 | - | (3) not unreasonably interfere with | |
| 85 | - | ||
| 82 | + | (3) not unreasonably interfere with other traffic, | |
| 83 | + | including pedestrians; | |
| 86 | 84 | (4) if operated at nighttime, display the lights | |
| 87 | 85 | required by Section 552A.0007 or 552A.0008, as applicable; | |
| 88 | 86 | (5) comply with any applicable regulations adopted by | |
| 89 | - | a local authority | |
| 90 | - | (6) not transport hazardous materials | |
| 91 | - | ||
| 92 | - | ||
| 93 | - | (7) be monitored or controlled as provided by | |
| 94 | - | 552A.0003(a) for a personal delivery device or by the | |
| 95 | - | mobile carrying device. | |
| 87 | + | a local authority; | |
| 88 | + | (6) not transport hazardous materials regulated under | |
| 89 | + | the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 | |
| 90 | + | et seq.); and | |
| 91 | + | (7) be actively monitored or controlled as provided by | |
| 92 | + | Section 552A.0003(a) for a personal delivery device or by the | |
| 93 | + | operator for a mobile carrying device. | |
| 96 | 94 | (b) A mobile carrying device operated under this subchapter | |
| 97 | 95 | must remain within 25 feet of the operator while the device is in | |
| 98 | 96 | motion. | |
| 99 | - | Sec. 552A.0006. AREAS AND SPEEDS OF OPERATION. A personal | |
| 100 | - | delivery or mobile carrying device operated under this subchapter | |
| 101 | - | may be operated only: | |
| 102 | - | (1) in a pedestrian area at a speed of not more than 10 | |
| 103 | - | miles per hour; or | |
| 104 | - | (2) on the side of a roadway or the shoulder of a | |
| 105 | - | highway at a speed of not more than 20 miles per hour. | |
| 97 | + | Sec. 552A.0006. AREAS OF OPERATION. A personal delivery or | |
| 98 | + | mobile carrying device operated under this subchapter may be | |
| 99 | + | operated only: | |
| 100 | + | (1) in a pedestrian area; or | |
| 101 | + | (2) on a highway in an area that is not a pedestrian | |
| 102 | + | area: | |
| 103 | + | (A) if a sidewalk is not provided or is not | |
| 104 | + | accessible; and | |
| 105 | + | (B) on the left side of a roadway or the shoulder | |
| 106 | + | of the highway facing oncoming traffic. | |
| 106 | 107 | Sec. 552A.0007. PERSONAL DELIVERY DEVICE EQUIPMENT. (a) A | |
| 107 | 108 | personal delivery device operated under this subchapter must: | |
| 108 | 109 | (1) be equipped with a marker that clearly states the | |
| 109 | 110 | name and contact information of the owner and a unique | |
| 110 | - | identification number; | |
| 111 | + | identification number; | |
| 111 | 112 | (2) be equipped with a braking system that enables the | |
| 112 | - | device to come to a controlled stop. | |
| 113 | + | device to come to a controlled stop; | |
| 114 | + | (3) weigh less than 110 pounds, excluding any cargo; | |
| 115 | + | and | |
| 116 | + | (4) have a maximum speed of 12 miles per hour or less. | |
| 113 | 117 | (b) A personal delivery device operated under this | |
| 114 | 118 | subchapter at nighttime must be equipped with lights on the front | |
| 115 | 119 | and rear of the device that are visible and recognizable under | |
| 116 | 120 | normal atmospheric conditions on all sides of the device from 1 to | |
| 117 | 121 | 500 feet from the device when the light is directly in front of | |
| 118 | 122 | lawful lower beams of headlamps. | |
| 119 | 123 | Sec. 552A.0008. MOBILE CARRYING DEVICE EQUIPMENT. (a) A | |
| 120 | - | mobile carrying device operated under this subchapter must be | |
| 121 | - | equipped with a braking system that enables the device to come to a | |
| 122 | - | controlled stop. | |
| 124 | + | mobile carrying device operated under this subchapter must: | |
| 125 | + | (1) be equipped with a braking system that enables the | |
| 126 | + | device to come to a controlled stop; | |
| 127 | + | (2) weigh less than 110 pounds, excluding any cargo; | |
| 128 | + | and | |
| 129 | + | (3) have a maximum speed of 12 miles per hour or less. | |
| 123 | 130 | (b) A mobile carrying device operated under this subchapter | |
| 124 | 131 | at nighttime must be equipped with lights that are visible and | |
| 125 | 132 | recognizable under normal atmospheric conditions from 1 to 50 feet | |
| 126 | 133 | from the device when the light is directly in front of lawful lower | |
| 127 | 134 | beams of headlamps. | |
| 128 | 135 | Sec. 552A.0009. LOCAL AUTHORITY REGULATION. (a) A local | |
| 129 | 136 | authority may regulate the operation of a personal delivery or | |
| 130 | 137 | mobile carrying device on a highway or in a pedestrian area in a | |
| 131 | 138 | manner not inconsistent with this subchapter. | |
| 132 | 139 | (b) This section does not affect the authority of a local | |
| 133 | 140 | authority's peace officers to enforce the laws of this state | |
| 134 | 141 | relating to the operation of a personal delivery or mobile carrying | |
| 135 | 142 | device. | |
| 136 | 143 | Sec. 552A.0010. INSURANCE. A business entity that operates | |
| 137 | 144 | a personal delivery device operated under this subchapter must | |
| 138 | 145 | maintain an insurance policy that includes general liability | |
| 139 | 146 | coverage of not less than $100,000 for damages arising from the | |
| 140 | 147 | operation of the device. | |
| 141 | 148 | SECTION 3. Chapter 552A, Transportation Code, as added by | |
| 142 | 149 | this Act, is amended by adding Subchapter B, and a heading is added | |
| 143 | 150 | to that subchapter to read as follows: | |
| 144 | 151 | SUBCHAPTER B. MOBILITY DEVICES | |
| 145 | 152 | SECTION 4. Section 542.009, Transportation Code, is | |
| 146 | 153 | transferred to Subchapter B, Chapter 552A, Transportation Code, as | |
| 147 | 154 | added by this Act, and redesignated as Section 552A.0101, | |
| 148 | 155 | Transportation Code, to read as follows: | |
| 149 | 156 | Sec. 552A.0101 [542.009]. OPERATORS OF CERTAIN MOBILITY | |
| 150 | 157 | DEVICES. (a) In this section, "motorized mobility device" means a | |
| 151 | 158 | device designed for transportation of persons with physical | |
| 152 | 159 | disabilities that: | |
| 153 | 160 | (1) has three or more wheels; | |
| 154 | 161 | (2) is propelled by a battery-powered motor; | |
| 155 | 162 | (3) has not more than one forward gear; and | |
| 156 | 163 | (4) is not capable of speeds exceeding eight miles per | |
| 157 | 164 | hour. | |
| 158 | 165 | (b) For the purposes of this subtitle, a person operating a | |
| 159 | 166 | nonmotorized wheelchair or motorized mobility device is considered | |
| 160 | 167 | to be a pedestrian. | |
| 161 | 168 | SECTION 5. Section 551.351(2), Transportation Code, is | |
| 162 | 169 | amended to read as follows: | |
| 163 | 170 | (2) "Pocket bike or minimotorbike" means a | |
| 164 | 171 | self-propelled vehicle that is equipped with an electric motor or | |
| 165 | 172 | internal combustion engine having a piston displacement of less | |
| 166 | 173 | than 50 cubic centimeters, is designed to propel itself with not | |
| 167 | 174 | more than two wheels in contact with the ground, has a seat or | |
| 168 | 175 | saddle for the use of the operator, is not designed for use on a | |
| 169 | 176 | highway, and is ineligible for a certificate of title under Chapter | |
| 170 | 177 | 501. The term does not include: | |
| 171 | 178 | (A) a moped or motorcycle; | |
| 172 | 179 | (B) an electric bicycle or motor-driven cycle, as | |
| 173 | 180 | defined by Section 541.201; | |
| 174 | 181 | (C) a motorized mobility device, as defined by | |
| 175 | 182 | Section 552A.0101 [542.009]; | |
| 176 | 183 | (D) an electric personal assistive mobility | |
| 177 | 184 | device, as defined by Section 551.201; or | |
| 178 | 185 | (E) a neighborhood electric vehicle, as defined | |
| 179 | 186 | by Section 551.301. | |
| 180 | - | SECTION 6. This Act takes effect immediately if it receives | |
| 181 | - | a vote of two-thirds of all the members elected to each house, as | |
| 182 | - | provided by Section 39, Article III, Texas Constitution. If this | |
| 183 | - | Act does not receive the vote necessary for immediate effect, this | |
| 184 | - | Act takes effect September 1, 2019. | |
| 187 | + | SECTION 6. This Act takes effect September 1, 2019. |