Texas 2025 - 89th Regular

Texas Senate Bill SB1865 Compare Versions

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

Old	New	Differences
1	1	89R9475 BEE-D
2	2	By: Eckhardt S.B. No. 1865
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation and operation of electric bicycles.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 17.46(b), Business & Commerce Code, is
12	12	amended to read as follows:
13	13	(b) Except as provided in Subsection (d) of this section,
14	14	the term "false, misleading, or deceptive acts or practices"
15	15	includes, but is not limited to, the following acts:
16	16	(1) passing off goods or services as those of another;
17	17	(2) causing confusion or misunderstanding as to the
18	18	source, sponsorship, approval, or certification of goods or
19	19	services;
20	20	(3) causing confusion or misunderstanding as to
21	21	affiliation, connection, or association with, or certification by,
22	22	another;
23	23	(4) using deceptive representations or designations
24	24	of geographic origin in connection with goods or services;
25	25	(5) representing that goods or services have
26	26	sponsorship, approval, characteristics, ingredients, uses,
27	27	benefits, or quantities which they do not have or that a person has
28	28	a sponsorship, approval, status, affiliation, or connection which
29	29	the person does not;
30	30	(6) representing that goods are original or new if
31	31	they are deteriorated, reconditioned, reclaimed, used, or
32	32	secondhand;
33	33	(7) representing that goods or services are of a
34	34	particular standard, quality, or grade, or that goods are of a
35	35	particular style or model, if they are of another;
36	36	(8) disparaging the goods, services, or business of
37	37	another by false or misleading representation of facts;
38	38	(9) advertising goods or services with intent not to
39	39	sell them as advertised;
40	40	(10) advertising goods or services with intent not to
41	41	supply a reasonable expectable public demand, unless the
42	42	advertisements disclosed a limitation of quantity;
43	43	(11) making false or misleading statements of fact
44	44	concerning the reasons for, existence of, or amount of price
45	45	reductions;
46	46	(12) representing that an agreement confers or
47	47	involves rights, remedies, or obligations which it does not have or
48	48	involve, or which are prohibited by law;
49	49	(13) knowingly making false or misleading statements
50	50	of fact concerning the need for parts, replacement, or repair
51	51	service;
52	52	(14) misrepresenting the authority of a salesman,
53	53	representative or agent to negotiate the final terms of a consumer
54	54	transaction;
55	55	(15) basing a charge for the repair of any item in
56	56	whole or in part on a guaranty or warranty instead of on the value of
57	57	the actual repairs made or work to be performed on the item without
58	58	stating separately the charges for the work and the charge for the
59	59	warranty or guaranty, if any;
60	60	(16) disconnecting, turning back, or resetting the
61	61	odometer of any motor vehicle so as to reduce the number of miles
62	62	indicated on the odometer gauge;
63	63	(17) advertising of any sale by fraudulently
64	64	representing that a person is going out of business;
65	65	(18) advertising, selling, or distributing a card
66	66	which purports to be a prescription drug identification card issued
67	67	under Section 4151.152, Insurance Code, in accordance with rules
68	68	adopted by the commissioner of insurance, which offers a discount
69	69	on the purchase of health care goods or services from a third party
70	70	provider, and which is not evidence of insurance coverage, unless:
71	71	(A) the discount is authorized under an agreement
72	72	between the seller of the card and the provider of those goods and
73	73	services or the discount or card is offered to members of the
74	74	seller;
75	75	(B) the seller does not represent that the card
76	76	provides insurance coverage of any kind; and
77	77	(C) the discount is not false, misleading, or
78	78	deceptive;
79	79	(19) using or employing a chain referral sales plan in
80	80	connection with the sale or offer to sell of goods, merchandise, or
81	81	anything of value, which uses the sales technique, plan,
82	82	arrangement, or agreement in which the buyer or prospective buyer
83	83	is offered the opportunity to purchase merchandise or goods and in
84	84	connection with the purchase receives the seller's promise or
85	85	representation that the buyer shall have the right to receive
86	86	compensation or consideration in any form for furnishing to the
87	87	seller the names of other prospective buyers if receipt of the
88	88	compensation or consideration is contingent upon the occurrence of
89	89	an event subsequent to the time the buyer purchases the merchandise
90	90	or goods;
91	91	(20) representing that a guaranty or warranty confers
92	92	or involves rights or remedies which it does not have or involve,
93	93	provided, however, that nothing in this subchapter shall be
94	94	construed to expand the implied warranty of merchantability as
95	95	defined in Sections 2.314 through 2.318 and Sections 2A.212 through
96	96	2A.216 to involve obligations in excess of those which are
97	97	appropriate to the goods;
98	98	(21) promoting a pyramid promotional scheme, as
99	99	defined by Section 17.461;
100	100	(22) representing that work or services have been
101	101	performed on, or parts replaced in, goods when the work or services
102	102	were not performed or the parts replaced;
103	103	(23) filing suit founded upon a written contractual
104	104	obligation of and signed by the defendant to pay money arising out
105	105	of or based on a consumer transaction for goods, services, loans, or
106	106	extensions of credit intended primarily for personal, family,
107	107	household, or agricultural use in any county other than in the
108	108	county in which the defendant resides at the time of the
109	109	commencement of the action or in the county in which the defendant
110	110	in fact signed the contract; provided, however, that a violation of
111	111	this subsection shall not occur where it is shown by the person
112	112	filing such suit that the person neither knew or had reason to know
113	113	that the county in which such suit was filed was neither the county
114	114	in which the defendant resides at the commencement of the suit nor
115	115	the county in which the defendant in fact signed the contract;
116	116	(24) failing to disclose information concerning goods
117	117	or services which was known at the time of the transaction if such
118	118	failure to disclose such information was intended to induce the
119	119	consumer into a transaction into which the consumer would not have
120	120	entered had the information been disclosed;
121	121	(25) using the term "corporation," "incorporated," or
122	122	an abbreviation of either of those terms in the name of a business
123	123	entity that is not incorporated under the laws of this state or
124	124	another jurisdiction;
125	125	(26) selling, offering to sell, or illegally promoting
126	126	an annuity contract under Chapter 22, Acts of the 57th Legislature,
127	127	3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
128	128	Statutes), with the intent that the annuity contract will be the
129	129	subject of a salary reduction agreement, as defined by that Act, if
130	130	the annuity contract is not an eligible qualified investment under
131	131	that Act;
132	132	(27) subject to Section 17.4625, taking advantage of a
133	133	disaster declared by the governor under Chapter 418, Government
134	134	Code, or by the president of the United States by:
135	135	(A) selling or leasing fuel, food, medicine,
136	136	lodging, building materials, construction tools, or another
137	137	necessity at an exorbitant or excessive price; or
138	138	(B) demanding an exorbitant or excessive price in
139	139	connection with the sale or lease of fuel, food, medicine, lodging,
140	140	building materials, construction tools, or another necessity;
141	141	(28) using the translation into a foreign language of
142	142	a title or other word, including "attorney," "immigration
143	143	consultant," "immigration expert," "lawyer," "licensed," "notary,"
144	144	and "notary public," in any written or electronic material,
145	145	including an advertisement, a business card, a letterhead,
146	146	stationery, a website, or an online video, in reference to a person
147	147	who is not an attorney in order to imply that the person is
148	148	authorized to practice law in the United States;
149	149	(29) delivering or distributing a solicitation in
150	150	connection with a good or service that:
151	151	(A) represents that the solicitation is sent on
152	152	behalf of a governmental entity when it is not; or
153	153	(B) resembles a governmental notice or form that
154	154	represents or implies that a criminal penalty may be imposed if the
155	155	recipient does not remit payment for the good or service;
156	156	(30) delivering or distributing a solicitation in
157	157	connection with a good or service that resembles a check or other
158	158	negotiable instrument or invoice, unless the portion of the
159	159	solicitation that resembles a check or other negotiable instrument
160	160	or invoice includes the following notice, clearly and conspicuously
161	161	printed in at least 18-point type:
162	162	"SPECIMEN-NON-NEGOTIABLE";
163	163	(31) in the production, sale, distribution, or
164	164	promotion of a synthetic substance that produces and is intended to
165	165	produce an effect when consumed or ingested similar to, or in excess
166	166	of, the effect of a controlled substance or controlled substance
167	167	analogue, as those terms are defined by Section 481.002, Health and
168	168	Safety Code:
169	169	(A) making a deceptive representation or
170	170	designation about the synthetic substance; or
171	171	(B) causing confusion or misunderstanding as to
172	172	the effects the synthetic substance causes when consumed or
173	173	ingested;
174	174	(32) a licensed public insurance adjuster directly or
175	175	indirectly soliciting employment, as defined by Section 38.01,
176	176	Penal Code, for an attorney, or a licensed public insurance
177	177	adjuster entering into a contract with an insured for the primary
178	178	purpose of referring the insured to an attorney without the intent
179	179	to actually perform the services customarily provided by a licensed
180	180	public insurance adjuster, provided that this subdivision may not
181	181	be construed to prohibit a licensed public insurance adjuster from
182	182	recommending a particular attorney to an insured;
183	183	(33) owning, operating, maintaining, or advertising a
184	184	massage establishment, as defined by Section 455.001, Occupations
185	185	Code, that:
186	186	(A) is not appropriately licensed under Chapter
187	187	455, Occupations Code, or is not in compliance with the applicable
188	188	licensing and other requirements of that chapter; or
189	189	(B) is not in compliance with an applicable local
190	190	ordinance relating to the licensing or regulation of massage
191	191	establishments; [or]
192	192	(34) a warrantor of a vehicle protection product
193	193	warranty using, in connection with the product, a name that
194	194	includes "casualty," "surety," "insurance," "mutual," or any other
195	195	word descriptive of an insurance business, including property or
196	196	casualty insurance, or a surety business; or
197	197	(35) selling or offering for sale as an electric
198	198	bicycle a vehicle equipped with an electric motor for propulsion
199	199	that:
200	200	(A) is not an "electric bicycle" as defined by
201	201	Section 664.001, Transportation Code; or
202	202	(B) is identified by the seller as:
203	203	(i) a Class 1 electric bicycle and is not a
204	204	"Class 1 electric bicycle" as defined by Section 664.001,
205	205	Transportation Code;
206	206	(ii) a Class 2 electric bicycle and is not a
207	207	"Class 2 electric bicycle" as defined by Section 664.001,
208	208	Transportation Code; or
209	209	(iii) a Class 3 electric bicycle and is not
210	210	a "Class 3 electric bicycle" as defined by Section 664.001,
211	211	Transportation Code.
212	212	SECTION 2. Subchapter A, Chapter 13, Parks and Wildlife
213	213	Code, is amended by adding Section 13.024 to read as follows:
214	214	Sec. 13.024. OPERATION OF ELECTRIC BICYCLE IN STATE PARK.
215	215	(a) In this section:
216	216	(1) "Bicycle" has the meaning assigned by Section
217	217	541.201, Transportation Code.
218	218	(2) "Class 1 electric bicycle," "Class 2 electric
219	219	bicycle," "Class 3 electric bicycle," and "electric bicycle" have
220	220	the meanings assigned to those terms by Section 664.001,
221	221	Transportation Code.
222	222	(b) Notwithstanding any other law and subject to Subsection
223	223	(c), a person may operate in a state park or on public land under the
224	224	department's jurisdiction a Class 1, Class 2, or Class 3 electric
225	225	bicycle in an area where the operation of a bicycle solely under
226	226	human power is authorized.
227	227	(c) A person may not operate a Class 2 or Class 3 electric
228	228	bicycle on a natural-surface singletrack trail.
229	229	(d) The commission by rule may authorize the operation of an
230	230	electric bicycle of any class in a state park or on public land
231	231	under the department's jurisdiction, provided that the commission
232	232	may not authorize the operation of an electric bicycle in any
233	233	location where operation of a bicycle solely under human power is
234	234	prohibited.
235	235	SECTION 3. Subchapter B, Chapter 551, Transportation Code,
236	236	is amended by adding Section 551.108 to read as follows:
237	237	Sec. 551.108. OPERATION OF ELECTRIC BICYCLE ON PUBLIC LAND
238	238	UNDER STATE AGENCY OR POLITICAL SUBDIVISION JURISDICTION.
239	239	Notwithstanding any other law, a state agency or a political
240	240	subdivision of this state may regulate the operation of an electric
241	241	bicycle on a path or trail on public land under the state agency's
242	242	or political subdivision's jurisdiction.
243	243	SECTION 4. Section 664.001(4), Transportation Code, is
244	244	amended to read as follows:
245	245	(4) "Electric bicycle" means a bicycle [:
246	246	[(A)] equipped with [:
247	247	[(i)] fully operable pedals [;] and
248	248	[(ii)] an electric motor of fewer than 750
249	249	watts and having[; and
250	250	[(B) with] a top assisted speed of 28 miles per
251	251	hour or less. The term does not include a bicycle that:
252	252	(A) fails to satisfy one or more of the
253	253	requirements under Section 17.46(b), Business & Commerce Code, for
254	254	an electric bicycle to be sold or offered for sale;
255	255	(B) has one or more operating modes, is equipped
256	256	with a throttle, and is capable of exceeding 20 miles per hour on
257	257	motorized propulsion alone in any mode when the throttle is
258	258	engaged; or
259	259	(C) has been configured or modified by any person
260	260	or is designed, manufactured, or intended by the manufacturer,
261	261	importer, or seller to be so configured or modified, to exceed any
262	262	required power or speed restriction if the operator engages:
263	263	(i) a mechanical switch or button;
264	264	(ii) a modification to the software
265	265	controlling the bicycle's electric drive system;
266	266	(iii) an application; or
267	267	(iv) any means intended by the
268	268	manufacturer, importer, or seller to modify the vehicle or allow
269	269	the vehicle to be modified to exceed any required power or speed
270	270	restriction.
271	271	SECTION 5. The changes in law made by this Act to Section
272	272	17.46(b), Business & Commerce Code, apply only to an act or practice
273	273	that occurs on or after the effective date of this Act. An act or
274	274	practice that occurs before the effective date of this Act is
275	275	governed by the law in effect on the date the act or practice
276	276	occurred, and the former law is continued in effect for that
277	277	purpose.
278	278	SECTION 6. This Act takes effect September 1, 2025.