HBA-DMH H.B. 1378 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1378
By: McReynolds
Transportation
7/16/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, motorized mobility devices used by persons
with disabilities were classified as motor vehicles.  As such, all persons
using a wheelchair or scooter were technically required to register with
the state and have a license to operate these devices.  This classification
also prevented motorized mobility devices from being lawfully operated on
sidewalks.  House Bill 1378 exempts the owner of a motorized mobility
device from vehicle registration requirements. 

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. 

ANALYSIS

House Bill 1378 amends the Transportation Code to provide that the owner of
a motorized mobility device (device) that is designed for the
transportation of a person with physical disabilities is not required to
register the device as a motor vehicle.  A person operating a device or
nonmotorized wheelchair is considered to be a pedestrian.   

The bill prohibits a pedestrian from walking along and on a roadway if an
adjacent sidewalk is provided and is accessible to the pedestrian. 

EFFECTIVE DATE

June 11, 2001.