Texas 2019 - 86th Regular

Texas Senate Bill SB969 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 969
	1	+	86R30615 JXC-F
	2	+	By: Hancock S.B. No. 969
	3	+	(Landgraf)
	4	+	Substitute the following for S.B. No. 969: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the operation of personal delivery and mobile carrying
6	10		devices.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 502.001(26), Transportation Code, is
9	13		amended to read as follows:
10	14		(26) "Motorized mobility device" has the meaning
11	15		assigned by Section 552A.0101 [542.009].
12	16		SECTION 2. Subtitle C, Title 7, Transportation Code, is
13	17		amended by adding Chapter 552A to read as follows:
14	18		CHAPTER 552A. DEVICES SUBJECT TO PEDESTRIAN LAWS
15	19		SUBCHAPTER A. PERSONAL DELIVERY AND MOBILE CARRYING DEVICES
16	20		Sec. 552A.0001. DEFINITIONS. In this subchapter:
17	21		(1) "Agent" has the meaning assigned by Section 7.21,
18	22		Penal Code.
19	23		(2) "Business entity" means a legal entity, including
20	24		a corporation, partnership, or sole proprietorship, that is formed
21	25		for the purpose of making a profit.
22	26		(3) "Mobile carrying device" means a device that:
23	27		(A) transports cargo while remaining within 25
24	28		feet of a human operator; and
25	29		(B) is equipped with technology that allows the
26	30		operator to actively monitor the device.
27	31		(4) "Pedestrian area" includes a sidewalk, crosswalk,
28	32		school crosswalk, school crossing zone, or safety zone.
29	33		(5) "Personal delivery device" means a device that:
30	34		(A) is manufactured primarily for transporting
31	35		cargo in a pedestrian area or on the side or shoulder of a highway;
32	36		and
33	37		(B) is equipped with automated driving
34	38		technology, including software and hardware, that enables the
35	39		operation of the device with the remote support and supervision of a
36	40		human.
37	41		Sec. 552A.0002. APPLICABLE LAW. (a) The operation of a
38	42		personal delivery or mobile carrying device in a pedestrian area or
39	43		on the side or shoulder of a highway is governed exclusively by:
40	44		(1) this subchapter; and
41	45		(2) any applicable regulations adopted by a local
42	46		authority that are not inconsistent with this subchapter, as
43	47		authorized under Section 552A.0009.
44	48		(b) For the purposes of this title, including Section
45	49		545.422, a personal delivery or mobile carrying device operated in
46	50		compliance with this subchapter is not considered to be a vehicle.
47	51		Sec. 552A.0003. OPERATOR OF PERSONAL DELIVERY DEVICE.
48	52		(a) A person may operate a personal delivery device under this
49	53		subchapter only if:
50	54		(1) the person is a business entity; and
51	55		(2) a human who is an agent of the business entity has
52	56		the capability to monitor or exercise physical control over the
53	57		navigation and operation of the device.
54	58		(b) Except as provided by Subsection (c), when a personal
55	59		delivery device operated by a business entity is engaged, the
56	60		business entity is considered to be the operator of the device
57	61		solely for the purpose of assessing compliance with applicable
58	62		traffic laws.
59	63		(c) When a personal delivery device operated by a business
60	64		entity is engaged and an agent of the entity controls the device in
61	65		a manner that is outside the scope of the agent's office or
62	66		employment, the agent is considered to be the operator of the
63	67		device.
64	68		(d) A person is not considered to be the operator of a
65	69		personal delivery device solely because the person:
66	70		(1) requests a delivery or service provided by the
67	71		device; or
68	72		(2) dispatches the device.
69	73		Sec. 552A.0004. OPERATOR OF MOBILE CARRYING DEVICE. A
70	74		person operating a mobile carrying device is considered to be the
71	75		operator of the device for the purpose of assessing compliance with
72	76		applicable traffic laws.
73	77		Sec. 552A.0005. DEVICE OPERATION. (a) A personal delivery
74	78		or mobile carrying device operated under this subchapter must:
75	79		(1) operate in a manner that complies with the
76	80		provisions of this subtitle applicable to pedestrians, unless the
77	81		provision cannot by its nature apply to the device;
78	82		(2) yield the right-of-way to all other traffic,
79	83		including pedestrians;
80	84		(3) not unreasonably interfere with or obstruct other
81	85		traffic, including pedestrians;
82	86		(4) if operated at nighttime, display the lights
83	87		required by Section 552A.0007 or 552A.0008, as applicable;
84	88		(5) comply with any applicable regulations adopted by
85	89		a local authority under Section 552A.0009;
86	90		(6) not transport hazardous materials in a quantity
87	91		requiring placarding by a regulation issued under the Hazardous
88	92		Materials Transportation Act (49 U.S.C. Section 5101 et seq.); and
89	93		(7) be monitored or controlled as provided by Section
90	94		552A.0003(a) for a personal delivery device or by the operator for a
91	95		mobile carrying device.
92	96		(b) A mobile carrying device operated under this subchapter
93	97		must remain within 25 feet of the operator while the device is in
94	98		motion.
95	99		Sec. 552A.0006. AREAS AND SPEEDS OF OPERATION. (a) A
96	100		personal delivery or mobile carrying device operated under this
97	101		subchapter may be operated only:
98	102		(1) in a pedestrian area at a speed of not more than 10
99	103		miles per hour; or
100	104		(2) on the side of a roadway or the shoulder of a
101	105		highway at a speed of not more than 20 miles per hour.
102	106		(b) Notwithstanding Subsection (a)(1), a local authority
103	107		may establish a maximum speed of less than 10 miles per hour in a
104	108		pedestrian area in the jurisdiction of the local authority if the
105	109		local authority determines that a maximum speed of 10 miles per hour
106	110		is unreasonable or unsafe for that area. A maximum speed
107	111		established under this subsection may not be less than seven miles
108	112		per hour.
109	113		Sec. 552A.0007. PERSONAL DELIVERY DEVICE EQUIPMENT. (a) A
110	114		personal delivery device operated under this subchapter must:
111	115		(1) be equipped with a marker that clearly states the
112	116		name and contact information of the owner and a unique
113	117		identification number; and
114	118		(2) be equipped with a braking system that enables the
115	119		device to come to a controlled stop.
116	120		(b) A personal delivery device operated under this
117	121		subchapter at nighttime must be equipped with lights on the front
118	122		and rear of the device that are visible and recognizable under
119	123		normal atmospheric conditions on all sides of the device from 1 to
120	124		500 feet from the device when the light is directly in front of
121	125		lawful lower beams of headlamps.
122	126		Sec. 552A.0008. MOBILE CARRYING DEVICE EQUIPMENT. (a) A
123	127		mobile carrying device operated under this subchapter must be
124	128		equipped with a braking system that enables the device to come to a
125	129		controlled stop.
126	130		(b) A mobile carrying device operated under this subchapter
127	131		at nighttime must be equipped with lights that are visible and
128	132		recognizable under normal atmospheric conditions from 1 to 50 feet
129	133		from the device when the light is directly in front of lawful lower
130	134		beams of headlamps.
131	135		Sec. 552A.0009. LOCAL AUTHORITY REGULATION. (a) A local
132	136		authority may regulate the operation of a personal delivery or
133	137		mobile carrying device on a highway or in a pedestrian area in a
134	138		manner not inconsistent with this subchapter.
135	139		(b) This section does not affect the authority of a local
136	140		authority's peace officers to enforce the laws of this state
137	141		relating to the operation of a personal delivery or mobile carrying
138	142		device.
139	143		Sec. 552A.0010. INSURANCE. A business entity that operates
140	144		a personal delivery device operated under this subchapter must
141	145		maintain an insurance policy that includes general liability
142	146		coverage of not less than $100,000 for damages arising from the
143	147		operation of the device.
144	148		SECTION 3. Chapter 552A, Transportation Code, as added by
145	149		this Act, is amended by adding Subchapter B, and a heading is added
146	150		to that subchapter to read as follows:
147	151		SUBCHAPTER B. MOBILITY DEVICES
148	152		SECTION 4. Section 542.009, Transportation Code, is
149	153		transferred to Subchapter B, Chapter 552A, Transportation Code, as
150	154		added by this Act, and redesignated as Section 552A.0101,
151	155		Transportation Code, to read as follows:
152	156		Sec. 552A.0101 [542.009]. OPERATORS OF CERTAIN MOBILITY
153	157		DEVICES. (a) In this section, "motorized mobility device" means a
154	158		device designed for transportation of persons with physical
155	159		disabilities that:
156	160		(1) has three or more wheels;
157	161		(2) is propelled by a battery-powered motor;
158	162		(3) has not more than one forward gear; and
159	163		(4) is not capable of speeds exceeding eight miles per
160	164		hour.
161	165		(b) For the purposes of this subtitle, a person operating a
162	166		nonmotorized wheelchair or motorized mobility device is considered
163	167		to be a pedestrian.
164	168		SECTION 5. Section 551.351(2), Transportation Code, is
165	169		amended to read as follows:
166	170		(2) "Pocket bike or minimotorbike" means a
167	171		self-propelled vehicle that is equipped with an electric motor or
168	172		internal combustion engine having a piston displacement of less
169	173		than 50 cubic centimeters, is designed to propel itself with not
170	174		more than two wheels in contact with the ground, has a seat or
171	175		saddle for the use of the operator, is not designed for use on a
172	176		highway, and is ineligible for a certificate of title under Chapter
173	177		501. The term does not include:
174	178		(A) a moped or motorcycle;
175	179		(B) an electric bicycle or motor-driven cycle, as
176	180		defined by Section 541.201;
177	181		(C) a motorized mobility device, as defined by
178	182		Section 552A.0101 [542.009];
179	183		(D) an electric personal assistive mobility
180	184		device, as defined by Section 551.201; or
181	185		(E) a neighborhood electric vehicle, as defined
182	186		by Section 551.301.
183	187		SECTION 6. This Act takes effect immediately if it receives
184	188		a vote of two-thirds of all the members elected to each house, as
185	189		provided by Section 39, Article III, Texas Constitution. If this
186	190		Act does not receive the vote necessary for immediate effect, this
187	191		Act takes effect September 1, 2019.
188		-	______________________________ ______________________________
189		-	President of the Senate Speaker of the House
190		-	I hereby certify that S.B. No. 969 passed the Senate on
191		-	April 17, 2019, by the following vote: Yeas 31, Nays 0; and that
192		-	the Senate concurred in House amendment on May 21, 2019, by the
193		-	following vote: Yeas 31, Nays 0.
194		-	______________________________
195		-	Secretary of the Senate
196		-	I hereby certify that S.B. No. 969 passed the House, with
197		-	amendment, on May 14, 2019, by the following vote: Yeas 134,
198		-	Nays 7, two present not voting.
199		-	______________________________
200		-	Chief Clerk of the House
201		-	Approved:
202		-	______________________________
203		-	Date
204		-	______________________________
205		-	Governor