86R7175 MP-D
By: Raymond H.B. No. 4499
A BILL TO BE ENTITLED
AN ACT
relating to the operation of motor-assisted scooters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.351(1), Transportation Code, is
amended to read as follows:
(1) "Motor-assisted scooter":
(A) means a self-propelled device with:
(i) at least two wheels in contact with the
ground during operation;
(ii) a braking system capable of stopping
the device under typical operating conditions;
(iii) a gas motor with a displacement not
exceeding 40 cubic centimeters or an electric motor with a power
output not exceeding 1,000 watts [40 cubic centimeters];
(iv) a deck designed to allow a person to
stand or sit while operating the device; and
(v) the ability to be propelled by human
power alone; and
(B) does not include a pocket bike or a
minimotorbike.
SECTION 2. Subchapter E, Chapter 551, Transportation Code,
is amended by adding Section 551.3515 to read as follows:
Sec. 551.3515. GENERAL OPERATION OF MOTOR-ASSISTED
SCOOTERS. (a) A person must hold a valid driver's license and be at
least 16 years of age to operate a motor-assisted scooter.
(b) A person may not use a motor-assisted scooter to carry
more than one person.
SECTION 3. Section 551.352, Transportation Code, is amended
to read as follows:
Sec. 551.352. OPERATION ON ROADWAYS OR BICYCLE PATHS
[SIDEWALKS]. (a) A person may operate a motor-assisted scooter
[may be operated] only:
(1) on a path set aside for the exclusive use of
bicycles, pedestrians, or both; or
(2) on a roadway in a bicycle lane, except as provided
by Subsection (b) [street or highway for which the posted speed
limit is 35 miles per hour or less. The motor-assisted scooter may
cross a road or street at an intersection where the road or street
has a posted speed limit of more than 35 miles per hour].
(b) A person may operate a motor-assisted scooter on a
roadway without a bicycle lane if:
(1) the roadway has a speed limit of 30 miles per hour
or less; and
(2) the person rides as near as practicable to the
right curb or edge of the roadway, unless:
(A) the person is:
(i) operating the scooter on a one-way
roadway, in which case the operator shall ride as near as
practicable to the left curb or edge of the roadway;
(ii) overtaking or passing another vehicle
that is proceeding in the same direction;
(iii) preparing to execute a left turn; or
(iv) riding alongside not more than one
other motor-assisted scooter and both operators are riding in a
single lane and in a manner that does not impede the normal and
reasonable movement of traffic on the roadway; or
(B) hazardous conditions make it reasonably
necessary for the operator to avoid the curb or edge of the roadway
[A county or municipality may prohibit the operation of a
motor-assisted scooter on a street, highway, or sidewalk if the
governing body of the county or municipality determines that the
prohibition is necessary in the interest of safety].
(c) A person may not operate a motor-assisted scooter at a
speed that exceeds 15 miles per hour.
(d) A person operating a motor-assisted scooter shall yield
the right-of-way to a pedestrian.
(e) The department may prohibit the operation of a
motor-assisted scooter on a highway if it determines that the
prohibition is necessary in the interest of safety.
[(d) A person may operate a motor-assisted scooter on a path
set aside for the exclusive operation of bicycles or on a sidewalk.
Except as otherwise provided by this section, a provision of this
title applicable to the operation of a bicycle applies to the
operation of a motor-assisted scooter.]
(f) [(e)] A provision of this title applicable to a motor
vehicle does not apply to a motor-assisted scooter.
SECTION 4. Subchapter E, Chapter 551, Transportation Code,
is amended by adding Sections 551.354 and 551.355 to read as
follows:
Sec. 551.354. PARKING. A person may not park a
motor-assisted scooter in a manner that obstructs a roadway, path,
or sidewalk.
Sec. 551.355. EFFECT OF SUBCHAPTER ON OTHER LAW. A county
or municipality may:
(1) further restrict the speed at which a person may
operate a motor-assisted scooter;
(2) further restrict the locations a person may
operate a motor-assisted scooter;
(3) increase the minimum age requirement for the
operator of a motor-assisted scooter;
(4) impose a higher criminal or civil penalty for a
violation of this subchapter;
(5) further restrict the locations a person may park a
motor-assisted scooter;
(6) require the operator of a motor-assisted scooter
to wear a safety helmet; or
(7) prohibit the operation of a motor-assisted scooter
on a street, highway, or sidewalk if the governing body of the
county or municipality determines that the prohibition is necessary
in the interest of safety.
SECTION 5. This Act takes effect September 1, 2019.