Texas 2019 - 86th Regular

Texas House Bill HB3171 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3171
	1	+	By: Krause (Senate Sponsor - Watson) H.B. No. 3171
	2	+	(In the Senate - Received from the House April 24, 2019;
	3	+	April 25, 2019, read first time and referred to Committee on
	4	+	Transportation; May 9, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	6	+	May 9, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3171 By: Perry
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the classification and operation of mopeds and certain
6	14		motorcycles.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		ARTICLE 1. MOPED OPERATION
9	17		SECTION 1.01. Section 521.084, Transportation Code, is
10	18		amended to read as follows:
11	19		Sec. 521.084. CLASS M LICENSE. A Class M driver's license
12	20		authorizes the holder of the license to operate a motorcycle [or
13	21		moped] as defined by Section 541.201.
14	22		SECTION 1.02. Section 521.085(a), Transportation Code, is
15	23		amended to read as follows:
16	24		(a) Unless prohibited by Chapter 522, and except as provided
17	25		by Subsection (b), the license holder may operate any vehicle of the
18	26		type for which that class of license is issued and any lesser type
19	27		of vehicle other than a motorcycle [or moped].
20	28		SECTION 1.03. Section 521.122(b), Transportation Code, is
21	29		amended to read as follows:
22	30		(b) The department may include on the driver's license an
23	31		authorization to operate a motorcycle [or moped] if the license
24	32		holder has met all requirements for a Class M license.
25	33		SECTION 1.04. Section 521.421(f), Transportation Code, as
26	34		added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature,
27	35		Regular Session, 1997, is redesignated as Section 521.421(g),
28	36		Transportation Code, and amended to read as follows:
29	37		(g) [(f)] If a Class A, B, or C driver's license includes an
30	38		authorization to operate a motorcycle [or moped], the fee for the
31	39		driver's license is increased by $8.
32	40		SECTION 1.05. Section 522.029(f), Transportation Code, is
33	41		amended to read as follows:
34	42		(f) If a commercial driver's license includes an
35	43		authorization to operate a motorcycle [or moped], the fee for the
36	44		driver's license is increased by $8.
37	45		SECTION 1.06. Section 522.041(e), Transportation Code, is
38	46		amended to read as follows:
39	47		(e) The holder of a commercial driver's license or
40	48		commercial learner's permit may drive any vehicle in the class for
41	49		which the license or permit is issued and lesser classes of vehicles
42	50		except a motorcycle [or moped]. The holder may drive a motorcycle
43	51		only if authorization to drive a motorcycle is shown on the
44	52		commercial driver's license and the requirements for issuance of a
45	53		motorcycle license have been met.
46	54		SECTION 1.07. Sections 541.201(8) and (9), Transportation
47	55		Code, are amended to read as follows:
48	56		(8) "Moped" means a motor vehicle that is equipped
49	57		with a rider's saddle and designed to have when propelled not more
50	58		than three wheels on the ground, [motor-driven cycle] that cannot
51	59		attain a speed in one mile of more than 30 miles per hour, and the
52	60		engine of which:
53	61		(A) cannot produce more than five-brake
54	62		[two-brake] horsepower; and
55	63		(B) if an internal combustion engine, has a
56	64		piston displacement of 50 cubic centimeters or less and connects to
57	65		a power drive system that does not require the operator to shift
58	66		gears.
59	67		(9) "Motorcycle" means a motor vehicle, other than a
60	68		tractor or moped, that is equipped with a rider's saddle and
61	69		designed to have when propelled not more than three wheels on the
62	70		ground.
63	71		ARTICLE 2. CONFORMING AMENDMENTS
64	72		SECTION 2.01. Section 345.251(a), Finance Code, is amended
65	73		to read as follows:
66	74		(a) A retail seller may charge a documentary fee for
67	75		services rendered to, for, or on behalf of a retail buyer in
68	76		handling and processing documents relating to the sale of a
69	77		motorcycle, [motor-driven cycle,] moped, all-terrain vehicle,
70	78		boat, boat motor, boat trailer, or towable recreational vehicle.
71	79		SECTION 2.02. Section 501.002(17), Transportation Code, is
72	80		amended to read as follows:
73	81		(17) "Motor vehicle" means:
74	82		(A) any motor driven or propelled vehicle
75	83		required to be registered under the laws of this state;
76	84		(B) a trailer or semitrailer, other than
77	85		manufactured housing, that has a gross vehicle weight that exceeds
78	86		4,000 pounds;
79	87		(C) a travel trailer;
80	88		(D) an all-terrain vehicle or a recreational
81	89		off-highway vehicle, as those terms are defined by Section 502.001,
82	90		designed by the manufacturer for off-highway use that is not
83	91		required to be registered under the laws of this state; or
84	92		(E) a motorcycle [, motor-driven cycle,] or moped
85	93		that is not required to be registered under the laws of this state.
86	94		SECTION 2.03. Section 502.001(7), Transportation Code, is
87	95		amended to read as follows:
88	96		(7) "Commercial motor vehicle" means a motor vehicle,
89	97		other than a motorcycle or moped, designed or used primarily to
90	98		transport property. The term includes a passenger car
91	99		reconstructed and used primarily for delivery purposes. The term
92	100		does not include a passenger car used to deliver the United States
93	101		mail.
94	102		SECTION 2.04. Section 544.0075(b), Transportation Code, is
95	103		amended to read as follows:
96	104		(b) In addition to any other type of vehicle the presence of
97	105		which the detector for the traffic-actuated electric
98	106		traffic-control signal may register, the detector for a
99	107		traffic-actuated electric traffic-control device to which this
100	108		section applies must be capable of registering the presence of a
101	109		motorcycle or moped.
102	110		SECTION 2.05. Sections 545.065(a) and (c), Transportation
103	111		Code, are amended to read as follows:
104	112		(a) The Texas Transportation Commission by resolution or
105	113		order recorded in its minutes may prohibit the use of a
106	114		limited-access or controlled-access highway under the jurisdiction
107	115		of the commission by a parade, funeral procession, pedestrian,
108	116		bicycle, electric bicycle, motorcycle equipped with a motor that
109	117		has an engine piston displacement of 250 cubic centimeters or less
110	118		[motor-driven cycle], or nonmotorized traffic.
111	119		(c) A local authority by ordinance may prohibit the use of a
112	120		limited-access or controlled-access roadway under the jurisdiction
113	121		of the authority by a parade, funeral procession, pedestrian,
114	122		bicycle, electric bicycle, motorcycle equipped with a motor that
115	123		has an engine piston displacement of 250 cubic centimeters or less
116	124		[motor-driven cycle], or nonmotorized traffic.
117	125		SECTION 2.06. Section 545.361(a), Transportation Code, is
118	126		amended to read as follows:
119	127		(a) An operator of a moped or a motorcycle equipped with a
120	128		motor that has an engine piston displacement of 250 cubic
121	129		centimeters or less [motor-driven cycle] may not drive at a speed of
122	130		more than 35 miles per hour during the time specified by Section
123	131		547.302(a) unless the motorcycle or moped [cycle] is equipped with
124	132		a headlamp or lamps that reveal a person or vehicle 300 feet ahead.
125	133		SECTION 2.07. Section 545.416, Transportation Code, is
126	134		amended to read as follows:
127	135		Sec. 545.416. RIDING ON MOTORCYCLE OR MOPED. (a) An
128	136		operator of a motorcycle or moped shall ride on the permanent and
129	137		regular seat attached to the motorcycle or moped.
130	138		(b) An operator may not carry another person on the
131	139		motorcycle or moped, and a person who is not operating the
132	140		motorcycle or moped may not ride on the motorcycle or moped, unless
133	141		the motorcycle or moped is:
134	142		(1) designed to carry more than one person; and
135	143		(2) equipped with footrests and handholds for use by
136	144		the passenger.
137	145		(c) If the motorcycle or moped is designed to carry more
138	146		than one person, a passenger may ride only on the permanent and
139	147		regular seat, if designed for two persons, or on another seat firmly
140	148		attached to the motorcycle or moped behind or to the side of the
141	149		operator.
142	150		(d) Except as provided by Subsection (e), an operator may
143	151		not carry another person on a motorcycle or moped unless the other
144	152		person is at least five years of age. An offense under this
145	153		subsection is a misdemeanor punishable by a fine of not less than
146	154		$100 or more than $200. It is a defense to prosecution under this
147	155		subsection that the operator was operating the motorcycle or moped
148	156		in an emergency or for a law enforcement purpose.
149	157		(e) Subsection (d) does not prohibit an operator from
150	158		carrying on a motorcycle or moped a person younger than five years
151	159		of age who is seated in a sidecar attached to the motorcycle or
152	160		moped.
153	161		(f) For purposes of Subsections (c) and (d), an autocycle as
154	162		defined by Section 501.008 is considered to be a motorcycle.
155	163		SECTION 2.08. Section 545.424, Transportation Code, is
156	164		amended by adding Subsection (a-2) and amending Subsections (b) and
157	165		(b-1) to read as follows:
158	166		(a-2) Notwithstanding Subsection (a-1), a person under 18
159	167		years of age may operate a moped after midnight and before 5 a.m. if
160	168		the person is in sight of the person's parent or guardian.
161	169		(b) A person under 17 years of age who holds a restricted
162	170		motorcycle license [or moped license] may not operate a motorcycle
163	171		[or moped] while using a wireless communication device, except in
164	172		case of emergency. This subsection does not apply to a person
165	173		licensed by the Federal Communications Commission while operating a
166	174		radio frequency device other than a wireless communication device.
167	175		(b-1) A person under 17 years of age who holds a restricted
168	176		motorcycle license [or moped license], during the 12-month period
169	177		following the issuance of an original motorcycle license [or moped
170	178		license] to the person, may not operate a motorcycle [or moped]
171	179		after midnight and before 5 a.m. unless:
172	180		(1) the person is in sight of the person's parent or
173	181		guardian; or
174	182		(2) the operation of the vehicle is necessary for the
175	183		operator to attend or participate in employment or a school-related
176	184		activity or because of a medical emergency.
177	185		SECTION 2.09. Section 547.306, Transportation Code, is
178	186		amended to read as follows:
179	187		Sec. 547.306. LED GROUND EFFECT LIGHTING EQUIPMENT ON
180	188		MOTORCYCLE OR MOPED. (a) In this section, "LED ground effect
181	189		lighting equipment" means light emitting diode (LED) technology
182	190		that is attached to the underbody of a motorcycle or moped for the
183	191		purpose of illuminating:
184	192		(1) the body of the motorcycle or moped; or
185	193		(2) the ground below the motorcycle or moped.
186	194		(b) A person may operate a motorcycle or moped equipped with
187	195		LED ground effect lighting that emits a non-flashing amber or white
188	196		light.
189	197		SECTION 2.10. Sections 547.333(a) and (d), Transportation
190	198		Code, are amended to read as follows:
191	199		(a) Unless provided otherwise, a headlamp, auxiliary
192	200		driving lamp, auxiliary passing lamp, or combination of those lamps
193	201		mounted on a motor vehicle, other than a motorcycle or moped
194	202		[motor-driven cycle]:
195	203		(1) shall be arranged so that the operator can select
196	204		at will between distributions of light projected at different
197	205		elevations; and
198	206		(2) may be arranged so that the operator can select the
199	207		distribution automatically.
200	208		(d) A motor vehicle of a model year of 1948 or later, other
201	209		than a motorcycle or moped [motor-driven cycle], that has
202	210		multiple-beam lighting equipment shall be equipped with a beam
203	211		indicator that is:
204	212		(1) designed and located so that the lighted indicator
205	213		is visible without glare to the vehicle operator; and
206	214		(2) lighted only when the uppermost distribution of
207	215		light is in use.
208	216		SECTION 2.11. Sections 547.383(a) and (b), Transportation
209	217		Code, are amended to read as follows:
210	218		(a) A vehicle, other than a moped or a motorcycle equipped
211	219		with a motor that has an engine piston displacement of 250 cubic
212	220		centimeters or less [motor-driven cycle], shall be equipped with at
213	221		least one lamp, or a combination of lamps, that:
214	222		(1) emits a white or amber light visible at a distance
215	223		of 1,000 feet from the front and a red light visible at a distance of
216	224		1,000 feet from the rear; and
217	225		(2) is mounted so that at least one lamp is installed
218	226		as near as practicable to the side of the vehicle that is closest to
219	227		passing traffic.
220	228		(b) A vehicle, other than a moped or a motorcycle equipped
221	229		with a motor that has an engine piston displacement of 250 cubic
222	230		centimeters or less [motor-driven cycle], that is parked or stopped
223	231		on a roadway or shoulder at a time specified in Section 547.302(a)
224	232		shall display a lamp that complies with Subsection (a).
225	233		SECTION 2.12. Section 547.404(a), Transportation Code, is
226	234		amended to read as follows:
227	235		(a) A vehicle required to have brakes by this subchapter,
228	236		other than a motorcycle or moped [motor-driven cycle], shall be
229	237		equipped with parking brakes adequate to hold the vehicle:
230	238		(1) on any grade on which the vehicle is operated;
231	239		(2) under all loading conditions; and
232	240		(3) on a surface free from snow, ice, or loose
233	241		material.
234	242		SECTION 2.13. Section 547.408(a), Transportation Code, is
235	243		amended to read as follows:
236	244		(a) A motor vehicle or combination of vehicles shall be
237	245		equipped with service brakes capable of:
238	246		(1) developing a braking force that is not less than:
239	247		(A) 52.8 percent of the gross weight of the
240	248		vehicle for a passenger vehicle; or
241	249		(B) 43.5 percent of the gross weight of the
242	250		vehicle for a vehicle other than a passenger vehicle;
243	251		(2) decelerating to a stop from 20 miles per hour or
244	252		less at not less than:
245	253		(A) 17 feet per second per second for a passenger
246	254		vehicle; or
247	255		(B) 14 feet per second per second for other
248	256		vehicles; and
249	257		(3) stopping from a speed of 20 miles per hour in a
250	258		distance, measured from the location where the service brake pedal
251	259		or control is activated, of not more than:
252	260		(A) 25 feet for a passenger vehicle;
253	261		(B) 30 feet for a motorcycle, moped [motor-driven
254	262		cycle], or single unit vehicle with a manufacturer's gross vehicle
255	263		weight rating of 10,000 pounds or less;
256	264		(C) 40 feet for:
257	265		(i) a single unit vehicle with a
258	266		manufacturer's gross weight rating of more than 10,000 pounds;
259	267		(ii) a two-axle towing vehicle and trailer
260	268		combination with a weight of 3,000 pounds or less;
261	269		(iii) a bus that does not have a
262	270		manufacturer's gross weight rating; and
263	271		(iv) the combination of vehicles in an
264	272		operation exempted by Section 547.407(b); and
265	273		(D) 50 feet for other vehicles.
266	274		SECTION 2.14. Section 547.617, Transportation Code, is
267	275		amended to read as follows:
268	276		Sec. 547.617. MOTORCYCLE AND MOPED FOOTRESTS AND HANDHOLDS
269	277		REQUIRED. (a) A motorcycle or moped that is designed to carry more
270	278		than one person must be equipped with footrests and handholds for
271	279		use by the passenger.
272	280		(b) This section does not apply to an autocycle as defined
273	281		by Section 501.008 or a motorcycle as defined by Section
274	282		521.001(a)(6-a).
275	283		SECTION 2.15. The heading to Subchapter M, Chapter 547,
276	284		Transportation Code, is amended to read as follows:
277	285		SUBCHAPTER M. ADDITIONAL OR ALTERNATIVE EQUIPMENT REQUIREMENTS FOR
278	286		MOTORCYCLES AND MOPEDS [MOTOR-DRIVEN CYCLES]
279	287		SECTION 2.16. Sections 547.801(a), (b), and (c),
280	288		Transportation Code, are amended to read as follows:
281	289		(a) A motorcycle or a moped [, including a motor-driven
282	290		cycle,] shall be equipped with:
283	291		(1) not more than two headlamps mounted at a height
284	292		from 24 to 54 inches;
285	293		(2) at least one taillamp mounted at a height from 20
286	294		to 72 inches;
287	295		(3) a taillamp or separate lamp to illuminate the rear
288	296		license plate that complies with the requirements of Sections
289	297		547.322(f) and (g);
290	298		(4) at least one stoplamp that complies with the
291	299		requirements of Section 547.323(d); and
292	300		(5) at least one rear red reflector that complies with
293	301		the requirements of Section 547.325(b) and may be included as a part
294	302		of the taillamp.
295	303		(b) A motorcycle, other than a motorcycle equipped with a
296	304		motor that has an engine piston displacement of 250 cubic
297	305		centimeters or less [motor-driven cycle], shall be equipped with
298	306		multiple-beam lighting equipment that produces:
299	307		(1) an uppermost distribution of light that reveals a
300	308		person or vehicle at a distance of at least 300 feet ahead; and
301	309		(2) a lowermost distribution of light that:
302	310		(A) reveals a person or vehicle at a distance of
303	311		at least 150 feet ahead; and
304	312		(B) is aimed so that no part of the
305	313		high-intensity portion of the beam on the motorcycle that is on a
306	314		straight and level road under any condition of loading projects
307	315		into the eyes of an approaching vehicle operator.
308	316		(c) A moped or a motorcycle equipped with a motor that has an
309	317		engine piston displacement of 250 cubic centimeters or less
310	318		[motor-driven cycle] shall be equipped with:
311	319		(1) multiple-beam lighting equipment that complies
312	320		with the requirements of Subsection (b); or
313	321		(2) single-beam lighting equipment that:
314	322		(A) emits light sufficient to reveal a person or
315	323		vehicle:
316	324		(i) at a distance of at least 100 feet when
317	325		the moped or motorcycle [cycle] is operated at a speed less than 25
318	326		miles per hour;
319	327		(ii) at a distance of at least 200 feet when
320	328		the moped or motorcycle [cycle] is operated at a speed of 25 miles
321	329		per hour or more; and
322	330		(iii) at a distance of at least 300 feet
323	331		when the moped or motorcycle [cycle] is operated at a speed of 35
324	332		miles per hour or more; and
325	333		(B) is aimed so that no part of the
326	334		high-intensity portion of the beam from the lamp on a loaded moped
327	335		or motorcycle [cycle] projects a beam higher than the level center
328	336		of the lamp for a distance of 25 feet ahead.
329	337		SECTION 2.17. Section 547.802, Transportation Code, is
330	338		amended to read as follows:
331	339		Sec. 547.802. BRAKE EQUIPMENT. (a) If a motorcycle or a
332	340		moped[, including a motor-driven cycle,] complies with the
333	341		performance requirements of Section 547.408, brakes are not
334	342		required on the wheel of a sidecar attached to the motorcycle or
335	343		moped [cycle].
336	344		(b) If a moped or a motorcycle equipped with a motor that has
337	345		an engine piston displacement of 250 cubic centimeters or less
338	346		[motor-driven cycle] complies with the performance standards of
339	347		Section 547.408, brakes are not required on the front wheel of the
340	348		moped or motorcycle [cycle].
341	349		(c) The director may require an inspection of the [a
342	350		motor-driven cycle] braking system of a moped or a motorcycle
343	351		equipped with a motor that has an engine piston displacement of 250
344	352		cubic centimeters or less and may disapprove a system that:
345	353		(1) does not comply with the brake performance
346	354		requirements in Section 547.408; or
347	355		(2) is not designed or constructed to ensure
348	356		reasonable and reliable performance during actual use.
349	357		SECTION 2.18. Section 551.351(2), Transportation Code, is
350	358		amended to read as follows:
351	359		(2) "Pocket bike or minimotorbike" means a
352	360		self-propelled vehicle that is equipped with an electric motor or
353	361		internal combustion engine having a piston displacement of less
354	362		than 50 cubic centimeters, is designed to propel itself with not
355	363		more than two wheels in contact with the ground, has a seat or
356	364		saddle for the use of the operator, is not designed for use on a
357	365		highway, and is ineligible for a certificate of title under Chapter
358	366		501. The term does not include:
359	367		(A) a moped or motorcycle;
360	368		(B) an electric bicycle [or motor-driven cycle,
361	369		as defined by Section 541.201];
362	370		(C) a motorized mobility device, as defined by
363	371		Section 542.009;
364	372		(D) an electric personal assistive mobility
365	373		device, as defined by Section 551.201; or
366	374		(E) a neighborhood electric vehicle, as defined
367	375		by Section 551.301.
368	376		SECTION 2.19. Section 662.011(a), Transportation Code, is
369	377		amended to read as follows:
370	378		(a) Of each fee collected under Sections 521.421(b) and (g)
371	379		[(f)] and Sections 522.029(f) and (g), the Department of Public
372	380		Safety shall send $5 to the comptroller for deposit to the credit of
373	381		the motorcycle education fund account.
374	382		ARTICLE 3. REPEALER
375	383		SECTION 3.01. The following provisions of the
376	384		Transportation Code are repealed:
377	385		(1) Section 521.224(a);
378	386		(2) Section 521.225; and
379	387		(3) Section 541.201(10).
380	388		ARTICLE 4. TEXAS MOBILITY FUND
381	389		SECTION 4.01. As soon as practicable after the effective
382	390		date of this Act, the comptroller of public accounts shall:
383	391		(1) determine whether any transfer of money for
384	392		deposit to the Texas mobility fund is necessary to comply with
385	393		Section 49-k, Article III, Texas Constitution; and
386	394		(2) transfer any amount determined to be necessary
387	395		under Subdivision (1) to the Texas mobility fund from the general
388	396		revenue fund.
389	397		ARTICLE 5. EFFECTIVE DATE
390	398		SECTION 5.01. This Act takes effect September 1, 2019.
391		-	______________________________ ______________________________
392		-	President of the Senate Speaker of the House
393		-	I certify that H.B. No. 3171 was passed by the House on April
394		-	24, 2019, by the following vote: Yeas 145, Nays 0, 2 present, not
395		-	voting; and that the House concurred in Senate amendments to H.B.
396		-	No. 3171 on May 22, 2019, by the following vote: Yeas 131, Nays 12,
397		-	1 present, not voting.
398		-	______________________________
399		-	Chief Clerk of the House
400		-	I certify that H.B. No. 3171 was passed by the Senate, with
401		-	amendments, on May 15, 2019, by the following vote: Yeas 31, Nays
402		-	0.
403		-	______________________________
404		-	Secretary of the Senate
405		-	APPROVED: __________________
406		-	Date
407		-	__________________
408		-	Governor
	399	+	* * * * *