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


Office of House Bill AnalysisH.B. 1378
By: McReynolds
Transportation
2/27/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, motorized mobility devices used by persons with
disabilities are classified as motor vehicles.  As such, all persons using
a wheelchair or scooter are technically required to register with the state
and have a license to operate these devices.  This classification also
prevents 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

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.