HBA-NRS H.B. 2203 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2203
By: Gutierrez
Transportation
3/20/2001
Introduced



BACKGROUND AND PURPOSE 

Continued growth of our state population is increasing traffic congestion
and the dangers inherent to bicyclists and pedestrians when traffic flow
increases in our communities. Neighborhoods and existing road systems
developed for smaller populations face increasing pressures from a general
increase in traffic. Alternative transportation options often are limited
or lack proper safeguards to protect a bicyclist or pedestrian.
Eleven-year-old Matthew Brown died in a accident involving a motor vehicle
while on his bicycle two blocks from his house in Plano, Texas.  Many
cycling crashes could be avoided with increased education, engineering, and
enforcement. House Bill 2203 creates the Matthew Brown Act to establish the
Texas parks and wildlife trails account to be used to construct multiple
use trails and bicycle facilities. The bill also establishes the Safe
Routes to School Program and clarifies the law with respect to electric
bicycles. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Transportation
in SECTION 5 (Section 201.614, Transportation Code) and to the Department
of Public Safety in SECTION 13 (Section 551.106, Transportation Code) of
this bill. 

ANALYSIS

House Bill 2203 amends the Parks and Wildlife Code to create the Matthew
Brown Act to establish the Texas parks and wildlife trails account (trails
account). The bill authorizes money in the trails account to be
appropriated only for projects approved by the Texas Parks and Wildlife
Commission to construct multiple use trails and bicycle facilities (Sec.
11.046). The bill requires the Texas Parks and Wildlife Department to
construct multiple use trails and facilities with the money in the trails
account (Sec. 13.023). 

The bill amends the Tax Code to require one-half of the proceeds from the
collection of limited sales, excise, and use taxes imposed on the sale of
bicycles and nonmotorized modes of transportation to be credited to the
trails account and one-half of the proceeds from the collection of such
taxes to be credited to the bicycle and pedestrian facilities account. The
bill requires the comptroller of public accounts to determine the amount to
be deposited to the accounts according to available statistical data
indicating the estimated or actual total receipts in this state from
taxable sales and uses of bicycles and nonmotorized modes of transportation
(Sec. 151.801). 

The bill amends the Transportation Code to require the Texas Department of
Transportation (TxDOT) to establish and administer a Safe Routes to School
Program (program) to distribute federal grants under the federal Hazard
Elimination Program to political subdivisions for projects to improve
safety in and around school areas. The bill sets forth provisions relating
to projects eligible to receive grants under the program. The bill requires
and sets forth criteria TxDOT is required to consider with regard to grant
proposals. The bill requires TxDOT to give priority in allocating 10
percent of all money received by TxDOT from the federal government under
the Hazard Elimination Program to grants for the program. The bill requires
TxDOT to adopt rules to implement the program (Sec. 201.614). 

 The bill establishes the bicycle and pedestrian facilities account and
authorizes money in the account to be appropriated only for the
construction of bicycle and pedestrian facilities (Sec. 201.615). 

The bill provides that the owner of an electric bicycle is not required to
register the electric bicycle, but a local authority is not prevented, with
respect to a highway under its jurisdiction and in the reasonable exercise
of the police power, from regulating the operation and requiring
registration and licensing of an electric bicycle, including payment of a
registration fee (Secs. 502.0075 and 542.202).  

The bill authorizes the Texas Transportation Commission by resolution or
order, or a local authority by ordinance, to prohibit the use of an
electric bicycle on certain highways or roadways (Sec. 545.065,
Transportation Code). The bill sets forth that the provisions for the rules
of the road relating to the operation of a bicycle also apply to an
electric bicycle (Sec. 551.002). 

The bill prohibits the Department of Public Safety (DPS) or a local
authority from prohibiting the use of an electric bicycle on a highway that
is used primarily by motor vehicles. The bill authorizes DPS or a local
authority to prohibit the use of an electric bicycle on a highway used
primarily by pedestrians. The bill requires DPS to establish rules for the
regulation of electric bicycles (Sec. 551.106). 

EFFECTIVE DATE

September 1, 2001.