HBA-JRA H.B. 673 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 673
By: Carter
Public Safety
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, state law does not require a bicycle rider to wear a protective
helmet.  Bicycle helmets can be effective in preventing head injuries in
bicycle accidents.  H.B. 673 requires the use of protective bicycle helmets
by persons younger than eighteen years of age. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 758.001, Health and Safety Code, to add the
definition of "protective bicycle helmet."  Redesignates Subdivision
(5)-(6) to Subdivision (6)-(7).  Deletes the definition of "tricycle." 

SECTION 2.  Amends Section 758.002(a), Health and Safety Code, to make a
conforming change. 

SECTION 3.  Amends Section 758.003(b), Health and Safety Code, to make a
conforming change. 

SECTION 4.  Amends Chapter 758, Health and Safety Code, by adding Sections
758.004, 758.005, 758.006, 758.007, 758.008, and 758.009, as follows: 

Sec. 758.004.  REQUIREMENTS FOR PROTECTIVE BICYCLE HELMET USE.  Provides
that this section applies to the use of a bicycle on a public roadway,
public bicycle path, or other public right-of-way.  Requires a bicycle
operator or passenger who is younger than 18 to wear a properly fitting
protective bicycle helmet (helmet) fastened securely on the head with an
appropriate fastener.  Prohibits a parent or legal guardian from knowingly
or recklessly permitting a person younger than 18 to operate or be a
passenger on a bicycle without a helmet. 

Sec. 758.005.  SALE OR RENTAL OF BICYCLES.  Requires a person regularly
engaged in the business of selling bicycles to provide each purchaser with
a written explanation of the requirement that a person wear a helmet.
Prohibits a person from renting a bicycle to another person unless each
renter who will be an operator or a passenger possesses a helmet at the
time of rental or the rental agreement includes the provision of a helmet
for each operator or passenger.  Provides that a person who sells bicycles
is not liable in civil damages for failing to provide a written explanation
of the helmet requirement or a bicycle operator's or passenger's failure to
wear a helmet.  Provides that a person who rents bicycles in compliance
with this section is not liable in civil damages for a bicycle operator's
or passenger's failure to wear a helmet. 

Sec. 758.006.  CRIMINAL PENALTY.  Provides that violating Section 758.004
or  758.005 is a misdemeanor punishable by a fine of $25, unless the actor
has been convicted previously under this section, in which event it is a
misdemeanor punishable by a fine of $50. Authorizes a court to waive the
fine for a violation of Section 758.004 if it is the person's first offense
and the person presents proof to the court that the person did not have a
helmet  at the time of the violation but has since obtained one. 

Sec. 758.007.  FINES.  Requires the custodian of the county treasury
(custodian) to keep a record of the amount of the fines collected under
Section 758.006 and remit the amount collected in the preceding quarter to
the comptroller on or before the last day of the month following each
calendar quarter.  Authorizes the custodian to keep half of the fines and
the interest collected on them as a service fee if the custodian keeps
records of the amount of fines on deposit and remits the appropriate amount
to the comptroller in a timely manner. Requires the comptroller to deposit
the amounts remitted under this section in the bicycle safety fund. 

Sec.758.008.  LOCAL REGULATION.  Provides that this section does not
preempt a local regulation of the use of bicycle helmets or affect the
authority of a political subdivision to adopt or enforce an ordinance or
requirement relating to the use of bicycle helmets if the regulation,
ordinance, or requirement is equally or more stringent than this chapter. 

Sec. 758.009.  DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION OF TEEN COURT
PROGRAM.  Authorizes a juvenile court to defer adjudication proceedings
under this chapter if the child completes the requirements of Article
45.55, Code of Criminal Procedure (Dismissal of Misdemeanor Charge on
Completion of Teen Court Program). 

SECTION 5.  Effective date: September 1, 1999, except that Sections 758.006
and 758.007, Health and Safety Code, take effect January 1, 2000. 

SECTION 6.  Emergency clause.