Texas 2019 - 86th Regular

Texas Senate Bill SB1942 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12863 BEE-F
2	2	By: Watson S.B. No. 1942
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the classification and operation of mopeds and certain
8	8	motorcycles.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. MOPED OPERATION
11	11	SECTION 1.01. Section 521.084, Transportation Code, is
12	12	amended to read as follows:
13	13	Sec. 521.084. CLASS M LICENSE. A Class M driver's license
14	14	authorizes the holder of the license to operate a motorcycle [or
15	15	moped] as defined by Section 541.201.
16	16	SECTION 1.02. Section 521.085(a), Transportation Code, is
17	17	amended to read as follows:
18	18	(a) Unless prohibited by Chapter 522, and except as provided
19	19	by Subsection (b), the license holder may operate any vehicle of the
20	20	type for which that class of license is issued and any lesser type
21	21	of vehicle other than a motorcycle [or moped].
22	22	SECTION 1.03. Section 521.122(b), Transportation Code, is
23	23	amended to read as follows:
24	24	(b) The department may include on the driver's license an
25	25	authorization to operate a motorcycle [or moped] if the license
26	26	holder has met all requirements for a Class M license.
27	27	SECTION 1.04. Section 521.421(f), Transportation Code, as
28	28	added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature,
29	29	Regular Session, 1997, is redesignated as Section 521.421(g),
30	30	Transportation Code, and amended to read as follows:
31	31	(g) [(f)] If a Class A, B, or C driver's license includes an
32	32	authorization to operate a motorcycle [or moped], the fee for the
33	33	driver's license is increased by $8.
34	34	SECTION 1.05. Section 522.029(f), Transportation Code, is
35	35	amended to read as follows:
36	36	(f) If a commercial driver's license includes an
37	37	authorization to operate a motorcycle [or moped], the fee for the
38	38	driver's license is increased by $8.
39	39	SECTION 1.06. Section 522.041(e), Transportation Code, is
40	40	amended to read as follows:
41	41	(e) The holder of a commercial driver's license or
42	42	commercial learner's permit may drive any vehicle in the class for
43	43	which the license or permit is issued and lesser classes of vehicles
44	44	except a motorcycle [or moped]. The holder may drive a motorcycle
45	45	only if authorization to drive a motorcycle is shown on the
46	46	commercial driver's license and the requirements for issuance of a
47	47	motorcycle license have been met.
48	48	SECTION 1.07. Sections 541.201(8) and (9), Transportation
49	49	Code, are amended to read as follows:
50	50	(8) "Moped" means a motor vehicle that is equipped
51	51	with a rider's saddle and designed to have when propelled not more
52	52	than three wheels on the ground, [motor-driven cycle] that cannot
53	53	attain a speed in one mile of more than 30 miles per hour, and the
54	54	engine of which:
55	55	(A) cannot produce more than five-brake
56	56	[two-brake] horsepower; and
57	57	(B) if an internal combustion engine, has a
58	58	piston displacement of 50 cubic centimeters or less and connects to
59	59	a power drive system that does not require the operator to shift
60	60	gears.
61	61	(9) "Motorcycle" means a motor vehicle, other than a
62	62	tractor or moped, that is equipped with a rider's saddle and
63	63	designed to have when propelled not more than three wheels on the
64	64	ground.
65	65	ARTICLE 2. CONFORMING AMENDMENTS
66	66	SECTION 2.01. Section 345.251(a), Finance Code, is amended
67	67	to read as follows:
68	68	(a) A retail seller may charge a documentary fee for
69	69	services rendered to, for, or on behalf of a retail buyer in
70	70	handling and processing documents relating to the sale of a
71	71	motorcycle, [motor-driven cycle,] moped, all-terrain vehicle,
72	72	boat, boat motor, boat trailer, or towable recreational vehicle.
73	73	SECTION 2.02. Section 501.002(17), Transportation Code, is
74	74	amended to read as follows:
75	75	(17) "Motor vehicle" means:
76	76	(A) any motor driven or propelled vehicle
77	77	required to be registered under the laws of this state;
78	78	(B) a trailer or semitrailer, other than
79	79	manufactured housing, that has a gross vehicle weight that exceeds
80	80	4,000 pounds;
81	81	(C) a travel trailer;
82	82	(D) an all-terrain vehicle or a recreational
83	83	off-highway vehicle, as those terms are defined by Section 502.001,
84	84	designed by the manufacturer for off-highway use that is not
85	85	required to be registered under the laws of this state; or
86	86	(E) a motorcycle [, motor-driven cycle,] or moped
87	87	that is not required to be registered under the laws of this state.
88	88	SECTION 2.03. Section 502.001(7), Transportation Code, is
89	89	amended to read as follows:
90	90	(7) "Commercial motor vehicle" means a motor vehicle,
91	91	other than a motorcycle or moped, designed or used primarily to
92	92	transport property. The term includes a passenger car
93	93	reconstructed and used primarily for delivery purposes. The term
94	94	does not include a passenger car used to deliver the United States
95	95	mail.
96	96	SECTION 2.04. Section 544.0075(b), Transportation Code, is
97	97	amended to read as follows:
98	98	(b) In addition to any other type of vehicle the presence of
99	99	which the detector for the traffic-actuated electric
100	100	traffic-control signal may register, the detector for a
101	101	traffic-actuated electric traffic-control device to which this
102	102	section applies must be capable of registering the presence of a
103	103	motorcycle or moped.
104	104	SECTION 2.05. Sections 545.065(a) and (c), Transportation
105	105	Code, are amended to read as follows:
106	106	(a) The Texas Transportation Commission by resolution or
107	107	order recorded in its minutes may prohibit the use of a
108	108	limited-access or controlled-access highway under the jurisdiction
109	109	of the commission by a parade, funeral procession, pedestrian,
110	110	bicycle, electric bicycle, motorcycle equipped with a motor that
111	111	has an engine piston displacement of 250 cubic centimeters or less
112	112	[motor-driven cycle], or nonmotorized traffic.
113	113	(c) A local authority by ordinance may prohibit the use of a
114	114	limited-access or controlled-access roadway under the jurisdiction
115	115	of the authority by a parade, funeral procession, pedestrian,
116	116	bicycle, electric bicycle, motorcycle equipped with a motor that
117	117	has an engine piston displacement of 250 cubic centimeters or less
118	118	[motor-driven cycle], or nonmotorized traffic.
119	119	SECTION 2.06. Section 545.361(a), Transportation Code, is
120	120	amended to read as follows:
121	121	(a) An operator of a moped or a motorcycle equipped with a
122	122	motor that has an engine piston displacement of 250 cubic
123	123	centimeters or less [motor-driven cycle] may not drive at a speed of
124	124	more than 35 miles per hour during the time specified by Section
125	125	547.302(a) unless the motorcycle or moped [cycle] is equipped with
126	126	a headlamp or lamps that reveal a person or vehicle 300 feet ahead.
127	127	SECTION 2.07. Section 545.416, Transportation Code, is
128	128	amended to read as follows:
129	129	Sec. 545.416. RIDING ON MOTORCYCLE OR MOPED. (a) An
130	130	operator of a motorcycle or moped shall ride on the permanent and
131	131	regular seat attached to the motorcycle.
132	132	(b) An operator may not carry another person on the
133	133	motorcycle or moped, and a person who is not operating the
134	134	motorcycle or moped may not ride on the motorcycle or moped, unless
135	135	the motorcycle or moped is:
136	136	(1) designed to carry more than one person; and
137	137	(2) equipped with footrests and handholds for use by
138	138	the passenger.
139	139	(c) If the motorcycle or moped is designed to carry more
140	140	than one person, a passenger may ride only on the permanent and
141	141	regular seat, if designed for two persons, or on another seat firmly
142	142	attached to the motorcycle or moped behind or to the side of the
143	143	operator.
144	144	(d) Except as provided by Subsection (e), an operator may
145	145	not carry another person on a motorcycle or moped unless the other
146	146	person is at least five years of age. An offense under this
147	147	subsection is a misdemeanor punishable by a fine of not less than
148	148	$100 or more than $200. It is a defense to prosecution under this
149	149	subsection that the operator was operating the motorcycle or moped
150	150	in an emergency or for a law enforcement purpose.
151	151	(e) Subsection (d) does not prohibit an operator from
152	152	carrying on a motorcycle or moped a person younger than five years
153	153	of age who is seated in a sidecar attached to the motorcycle or
154	154	moped.
155	155	(f) For purposes of Subsections (c) and (d), an autocycle as
156	156	defined by Section 501.008 is considered to be a motorcycle.
157	157	SECTION 2.08. Section 545.424, Transportation Code, is
158	158	amended by adding Subsection (a-2) and amending Subsections (b) and
159	159	(b-1) to read as follows:
160	160	(a-2) Notwithstanding Subsection (a-1), a person under 18
161	161	years of age may operate a moped after midnight and before 5 a.m. if
162	162	the person is in sight of the person's parent or guardian.
163	163	(b) A person under 17 years of age who holds a restricted
164	164	motorcycle license [or moped license] may not operate a motorcycle
165	165	[or moped] while using a wireless communication device, except in
166	166	case of emergency. This subsection does not apply to a person
167	167	licensed by the Federal Communications Commission while operating a
168	168	radio frequency device other than a wireless communication device.
169	169	(b-1) A person under 17 years of age who holds a restricted
170	170	motorcycle license [or moped] license, during the 12-month period
171	171	following the issuance of an original motorcycle license [or moped
172	172	license] to the person, may not operate a motorcycle [or moped]
173	173	after midnight and before 5 a.m. unless:
174	174	(1) the person is in sight of the person's parent or
175	175	guardian; or
176	176	(2) the operation of the vehicle is necessary for the
177	177	operator to attend or participate in employment or a school-related
178	178	activity or because of a medical emergency.
179	179	SECTION 2.09. Section 547.306, Transportation Code, is
180	180	amended to read as follows:
181	181	Sec. 547.306. LED GROUND EFFECT LIGHTING EQUIPMENT ON
182	182	MOTORCYCLE OR MOPED. (a) In this section, "LED ground effect
183	183	lighting equipment" means light emitting diode (LED) technology
184	184	that is attached to the underbody of a motorcycle or moped for the
185	185	purpose of illuminating:
186	186	(1) the body of the motorcycle or moped; or
187	187	(2) the ground below the motorcycle or moped.
188	188	(b) A person may operate a motorcycle or moped equipped with
189	189	LED ground effect lighting that emits a non-flashing amber or white
190	190	light.
191	191	SECTION 2.10. Sections 547.333(a) and (d), Transportation
192	192	Code, are amended to read as follows:
193	193	(a) Unless provided otherwise, a headlamp, auxiliary
194	194	driving lamp, auxiliary passing lamp, or combination of those lamps
195	195	mounted on a motor vehicle, other than a motorcycle or moped
196	196	[motor-driven cycle]:
197	197	(1) shall be arranged so that the operator can select
198	198	at will between distributions of light projected at different
199	199	elevations; and
200	200	(2) may be arranged so that the operator can select the
201	201	distribution automatically.
202	202	(d) A motor vehicle of a model year of 1948 or later, other
203	203	than a motorcycle or moped [motor-driven cycle], that has
204	204	multiple-beam lighting equipment shall be equipped with a beam
205	205	indicator that is:
206	206	(1) designed and located so that the lighted indicator
207	207	is visible without glare to the vehicle operator; and
208	208	(2) lighted only when the uppermost distribution of
209	209	light is in use.
210	210	SECTION 2.11. Sections 547.383(a) and (b), Transportation
211	211	Code, are amended to read as follows:
212	212	(a) A vehicle, other than a moped or a motorcycle equipped
213	213	with a motor that has an engine piston displacement of 250 cubic
214	214	centimeters or less [motor-driven cycle], shall be equipped with at
215	215	least one lamp, or a combination of lamps, that:
216	216	(1) emits a white or amber light visible at a distance
217	217	of 1,000 feet from the front and a red light visible at a distance of
218	218	1,000 feet from the rear; and
219	219	(2) is mounted so that at least one lamp is installed
220	220	as near as practicable to the side of the vehicle that is closest to
221	221	passing traffic.
222	222	(b) A vehicle, other than a moped or a motorcycle equipped
223	223	with a motor that has an engine piston displacement of 250 cubic
224	224	centimeters or less [motor-driven cycle], that is parked or stopped
225	225	on a roadway or shoulder at a time specified in Section 547.302(a)
226	226	shall display a lamp that complies with Subsection (a).
227	227	SECTION 2.12. Section 547.404(a), Transportation Code, is
228	228	amended to read as follows:
229	229	(a) A vehicle required to have brakes by this subchapter,
230	230	other than a motorcycle or moped [motor-driven cycle], shall be
231	231	equipped with parking brakes adequate to hold the vehicle:
232	232	(1) on any grade on which the vehicle is operated;
233	233	(2) under all loading conditions; and
234	234	(3) on a surface free from snow, ice, or loose
235	235	material.
236	236	SECTION 2.13. Section 547.408(a), Transportation Code, is
237	237	amended to read as follows:
238	238	(a) A motor vehicle or combination of vehicles shall be
239	239	equipped with service brakes capable of:
240	240	(1) developing a braking force that is not less than:
241	241	(A) 52.8 percent of the gross weight of the
242	242	vehicle for a passenger vehicle; or
243	243	(B) 43.5 percent of the gross weight of the
244	244	vehicle for a vehicle other than a passenger vehicle;
245	245	(2) decelerating to a stop from 20 miles per hour or
246	246	less at not less than:
247	247	(A) 17 feet per second per second for a passenger
248	248	vehicle; or
249	249	(B) 14 feet per second per second for other
250	250	vehicles; and
251	251	(3) stopping from a speed of 20 miles per hour in a
252	252	distance, measured from the location where the service brake pedal
253	253	or control is activated, of not more than:
254	254	(A) 25 feet for a passenger vehicle;
255	255	(B) 30 feet for a motorcycle, moped [motor-driven
256	256	cycle], or single unit vehicle with a manufacturer's gross vehicle
257	257	weight rating of 10,000 pounds or less;
258	258	(C) 40 feet for:
259	259	(i) a single unit vehicle with a
260	260	manufacturer's gross weight rating of more than 10,000 pounds;
261	261	(ii) a two-axle towing vehicle and trailer
262	262	combination with a weight of 3,000 pounds or less;
263	263	(iii) a bus that does not have a
264	264	manufacturer's gross weight rating; and
265	265	(iv) the combination of vehicles in an
266	266	operation exempted by Section 547.407(b); and
267	267	(D) 50 feet for other vehicles.
268	268	SECTION 2.14. Section 547.617, Transportation Code, is
269	269	amended to read as follows:
270	270	Sec. 547.617. MOTORCYCLE AND MOPED FOOTRESTS AND HANDHOLDS
271	271	REQUIRED. (a) A motorcycle or moped that is designed to carry more
272	272	than one person must be equipped with footrests and handholds for
273	273	use by the passenger.
274	274	(b) This section does not apply to an autocycle as defined
275	275	by Section 501.008 or a motorcycle as defined by Section
276	276	521.001(a)(6-a).
277	277	SECTION 2.15. The heading to Subchapter M, Chapter 547,
278	278	Transportation Code, is amended to read as follows:
279	279	SUBCHAPTER M. ADDITIONAL OR ALTERNATIVE EQUIPMENT REQUIREMENTS FOR
280	280	MOTORCYCLES AND MOPEDS [MOTOR-DRIVEN CYCLES]
281	281	SECTION 2.16. Sections 547.801(a), (b), and (c),
282	282	Transportation Code, are amended to read as follows:
283	283	(a) A motorcycle or a moped [, including a motor-driven
284	284	cycle,] shall be equipped with:
285	285	(1) not more than two headlamps mounted at a height
286	286	from 24 to 54 inches;
287	287	(2) at least one taillamp mounted at a height from 20
288	288	to 72 inches;
289	289	(3) a taillamp or separate lamp to illuminate the rear
290	290	license plate that complies with the requirements of Sections
291	291	547.322(f) and (g);
292	292	(4) at least one stoplamp that complies with the
293	293	requirements of Section 547.323(d); and
294	294	(5) at least one rear red reflector that complies with
295	295	the requirements of Section 547.325(b) and may be included as a part
296	296	of the taillamp.
297	297	(b) A motorcycle, other than a motorcycle equipped with a
298	298	motor that has an engine piston displacement of 250 cubic
299	299	centimeters or less [motor-driven cycle], shall be equipped with
300	300	multiple-beam lighting equipment that produces:
301	301	(1) an uppermost distribution of light that reveals a
302	302	person or vehicle at a distance of at least 300 feet ahead; and
303	303	(2) a lowermost distribution of light that:
304	304	(A) reveals a person or vehicle at a distance of
305	305	at least 150 feet ahead; and
306	306	(B) is aimed so that no part of the
307	307	high-intensity portion of the beam on the motorcycle that is on a
308	308	straight and level road under any condition of loading projects
309	309	into the eyes of an approaching vehicle operator.
310	310	(c) A moped or a motorcycle equipped with a motor that has an
311	311	engine piston displacement of 250 cubic centimeters or less
312	312	[motor-driven cycle] shall be equipped with:
313	313	(1) multiple-beam lighting equipment that complies
314	314	with the requirements of Subsection (b); or
315	315	(2) single-beam lighting equipment that:
316	316	(A) emits light sufficient to reveal a person or
317	317	vehicle:
318	318	(i) at a distance of at least 100 feet when
319	319	the cycle is operated at a speed less than 25 miles per hour;
320	320	(ii) at a distance of at least 200 feet when
321	321	the cycle is operated at a speed of 25 miles per hour or more; and
322	322	(iii) at a distance of at least 300 feet
323	323	when the cycle is operated at a speed of 35 miles per hour or more;
324	324	and
325	325	(B) is aimed so that no part of the
326	326	high-intensity portion of the beam from the lamp on a loaded cycle
327	327	projects a beam higher than the level center of the lamp for a
328	328	distance of 25 feet ahead.
329	329	SECTION 2.17. Section 547.802, Transportation Code, is
330	330	amended to read as follows:
331	331	Sec. 547.802. BRAKE EQUIPMENT. (a) If a motorcycle or a
332	332	moped[, including a motor-driven cycle,] complies with the
333	333	performance requirements of Section 547.408, brakes are not
334	334	required on the wheel of a sidecar attached to the motorcycle or
335	335	moped [cycle].
336	336	(b) If a moped or a motorcycle equipped with a motor that has
337	337	an engine piston displacement of 250 cubic centimeters or less
338	338	[motor-driven cycle] complies with the performance standards of
339	339	Section 547.408, brakes are not required on the front wheel of the
340	340	cycle.
341	341	(c) The director may require an inspection of the [a
342	342	motor-driven cycle] braking system of a moped or a motorcycle
343	343	equipped with a motor that has an engine piston displacement of 250
344	344	cubic centimeters or less and may disapprove a system that:
345	345	(1) does not comply with the brake performance
346	346	requirements in Section 547.408; or
347	347	(2) is not designed or constructed to ensure
348	348	reasonable and reliable performance during actual use.
349	349	SECTION 2.18. Section 551.351(2), Transportation Code, is
350	350	amended to read as follows:
351	351	(2) "Pocket bike or minimotorbike" means a
352	352	self-propelled vehicle that is equipped with an electric motor or
353	353	internal combustion engine having a piston displacement of less
354	354	than 50 cubic centimeters, is designed to propel itself with not
355	355	more than two wheels in contact with the ground, has a seat or
356	356	saddle for the use of the operator, is not designed for use on a
357	357	highway, and is ineligible for a certificate of title under Chapter
358	358	501. The term does not include:
359	359	(A) a moped or motorcycle;
360	360	(B) an electric bicycle [or motor-driven cycle,
361	361	as defined by Section 541.201];
362	362	(C) a motorized mobility device, as defined by
363	363	Section 542.009;
364	364	(D) an electric personal assistive mobility
365	365	device, as defined by Section 551.201; or
366	366	(E) a neighborhood electric vehicle, as defined
367	367	by Section 551.301.
368	368	SECTION 2.19. Section 662.011(a), Transportation Code, is
369	369	amended to read as follows:
370	370	(a) Of each fee collected under Sections 521.421(b) and (g)
371	371	[(f)] and Sections 522.029(f) and (g), the Department of Public
372	372	Safety shall send $5 to the comptroller for deposit to the credit of
373	373	the motorcycle education fund account.
374	374	ARTICLE 3. REPEALER
375	375	SECTION 3.01. The following provisions of the
376	376	Transportation Code are repealed:
377	377	(1) Section 521.224(a);
378	378	(2) Section 521.225; and
379	379	(3) Section 541.201(10).
380	380	ARTICLE 4. TEXAS MOBILITY FUND
381	381	SECTION 4.01. As soon as practicable after the effective
382	382	date of this Act, the comptroller of public accounts shall:
383	383	(1) determine whether any transfer of money for
384	384	deposit to the Texas mobility fund is necessary to comply with
385	385	Section 49-k, Article III, Texas Constitution; and
386	386	(2) transfer any amount determined to be necessary
387	387	under Subdivision (1) to the Texas mobility fund from the general
388	388	revenue fund.
389	389	ARTICLE 5. EFFECTIVE DATE
390	390	SECTION 5.01. This Act takes effect September 1, 2019.