Texas 2019 - 86th Regular

Texas House Bill HB4499 Compare Versions

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11 86R7175 MP-D
22 By: Raymond H.B. No. 4499
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the operation of motor-assisted scooters.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 551.351(1), Transportation Code, is
1010 amended to read as follows:
1111 (1) "Motor-assisted scooter":
1212 (A) means a self-propelled device with:
1313 (i) at least two wheels in contact with the
1414 ground during operation;
1515 (ii) a braking system capable of stopping
1616 the device under typical operating conditions;
1717 (iii) a gas motor with a displacement not
1818 exceeding 40 cubic centimeters or an electric motor with a power
1919 output not exceeding 1,000 watts [40 cubic centimeters];
2020 (iv) a deck designed to allow a person to
2121 stand or sit while operating the device; and
2222 (v) the ability to be propelled by human
2323 power alone; and
2424 (B) does not include a pocket bike or a
2525 minimotorbike.
2626 SECTION 2. Subchapter E, Chapter 551, Transportation Code,
2727 is amended by adding Section 551.3515 to read as follows:
2828 Sec. 551.3515. GENERAL OPERATION OF MOTOR-ASSISTED
2929 SCOOTERS. (a) A person must hold a valid driver's license and be at
3030 least 16 years of age to operate a motor-assisted scooter.
3131 (b) A person may not use a motor-assisted scooter to carry
3232 more than one person.
3333 SECTION 3. Section 551.352, Transportation Code, is amended
3434 to read as follows:
3535 Sec. 551.352. OPERATION ON ROADWAYS OR BICYCLE PATHS
3636 [SIDEWALKS]. (a) A person may operate a motor-assisted scooter
3737 [may be operated] only:
3838 (1) on a path set aside for the exclusive use of
3939 bicycles, pedestrians, or both; or
4040 (2) on a roadway in a bicycle lane, except as provided
4141 by Subsection (b) [street or highway for which the posted speed
4242 limit is 35 miles per hour or less. The motor-assisted scooter may
4343 cross a road or street at an intersection where the road or street
4444 has a posted speed limit of more than 35 miles per hour].
4545 (b) A person may operate a motor-assisted scooter on a
4646 roadway without a bicycle lane if:
4747 (1) the roadway has a speed limit of 30 miles per hour
4848 or less; and
4949 (2) the person rides as near as practicable to the
5050 right curb or edge of the roadway, unless:
5151 (A) the person is:
5252 (i) operating the scooter on a one-way
5353 roadway, in which case the operator shall ride as near as
5454 practicable to the left curb or edge of the roadway;
5555 (ii) overtaking or passing another vehicle
5656 that is proceeding in the same direction;
5757 (iii) preparing to execute a left turn; or
5858 (iv) riding alongside not more than one
5959 other motor-assisted scooter and both operators are riding in a
6060 single lane and in a manner that does not impede the normal and
6161 reasonable movement of traffic on the roadway; or
6262 (B) hazardous conditions make it reasonably
6363 necessary for the operator to avoid the curb or edge of the roadway
6464 [A county or municipality may prohibit the operation of a
6565 motor-assisted scooter on a street, highway, or sidewalk if the
6666 governing body of the county or municipality determines that the
6767 prohibition is necessary in the interest of safety].
6868 (c) A person may not operate a motor-assisted scooter at a
6969 speed that exceeds 15 miles per hour.
7070 (d) A person operating a motor-assisted scooter shall yield
7171 the right-of-way to a pedestrian.
7272 (e) The department may prohibit the operation of a
7373 motor-assisted scooter on a highway if it determines that the
7474 prohibition is necessary in the interest of safety.
7575 [(d) A person may operate a motor-assisted scooter on a path
7676 set aside for the exclusive operation of bicycles or on a sidewalk.
7777 Except as otherwise provided by this section, a provision of this
7878 title applicable to the operation of a bicycle applies to the
7979 operation of a motor-assisted scooter.]
8080 (f) [(e)] A provision of this title applicable to a motor
8181 vehicle does not apply to a motor-assisted scooter.
8282 SECTION 4. Subchapter E, Chapter 551, Transportation Code,
8383 is amended by adding Sections 551.354 and 551.355 to read as
8484 follows:
8585 Sec. 551.354. PARKING. A person may not park a
8686 motor-assisted scooter in a manner that obstructs a roadway, path,
8787 or sidewalk.
8888 Sec. 551.355. EFFECT OF SUBCHAPTER ON OTHER LAW. A county
8989 or municipality may:
9090 (1) further restrict the speed at which a person may
9191 operate a motor-assisted scooter;
9292 (2) further restrict the locations a person may
9393 operate a motor-assisted scooter;
9494 (3) increase the minimum age requirement for the
9595 operator of a motor-assisted scooter;
9696 (4) impose a higher criminal or civil penalty for a
9797 violation of this subchapter;
9898 (5) further restrict the locations a person may park a
9999 motor-assisted scooter;
100100 (6) require the operator of a motor-assisted scooter
101101 to wear a safety helmet; or
102102 (7) prohibit the operation of a motor-assisted scooter
103103 on a street, highway, or sidewalk if the governing body of the
104104 county or municipality determines that the prohibition is necessary
105105 in the interest of safety.
106106 SECTION 5. This Act takes effect September 1, 2019.