HBA-JRA H.B. 673 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 673 By: Carter Public Safety 3/18/1999 Committee Report (Substituted) 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. C.S.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 Chapter 758, Health and Safety Code, by adding Sections 758.004, 758.005, 758.006, 758.007, and 758.008, 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. Provides that noncompliance with this section does not constitute responsibility causing or contributing to the cause of a person's injuries or death for purposes of Chapter 33, Civil Practice and Remedies Code, in a cause of action in which damages are sought for injuries or death suffered by the person in connection with the person's operation of a bicycle or being a passenger on a bicycle when the person was younger than 18. 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 younger than 18 years of age. 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, unless the seller provides a written explanation of the helmet requirement that is false. 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. 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. 758.008. 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 4. Effective date: September 1, 1999, except that Section 758.006, Health and Safety Code, takes effect January 1, 2000. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original by deleting proposed SECTION 3, concerning the bicycle safety fund, to which a conforming change was made in the original. The substitute modifies the original in SECTION 3 by adding new Subsection (d) to Section 758.004, to specify that noncompliance with Section 758.004, Health and Safety Code, does not constitute responsibility for injury or death. Specifies that a bicycle rental agreement must include the provision of a protective bicycle helmet for each operator or passenger younger than 18 years of age. Adds new Subsection (e) to Section 758.005, to provide an exception to the immunity provided bicycle sellers. Deletes proposed Section 758.007 (Fines), Health and Safety Code, relating to fines and the disposition of those funds. The substitute modifies the original in SECTION 4 to make a conforming change. Redesignates proposed SECTIONS 4-6 to SECTIONS 3-5.