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


Office of House Bill AnalysisC.S.H.B. 2203
By: Gutierrez
Transportation
4/12/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Continued growth of our state's population exacerbates 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 mounting pressures from a general
increase in traffic. Alternative transportation routes often are limited or
lack proper safeguards to protect a bicyclist or pedestrian.
Eleven-year-old Matthew Brown died in an accident involving a motor vehicle
while on his bicycle two blocks from his house in Plano, Texas.  Many
cycling accidents could be avoided with improved education, engineering,
and enforcement. C.S.H.B. 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, authorizes municipalities and counties to
require school children to wear a bicycle helmet, by school children, 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 2 (Section 370.004, Local Government Code),
SECTION 13 (Section 551.106, Transportation Code) of this bill. 

ANALYSIS

C.S.H.B. 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 requires a merchant who sells a bicycle or
a nonmotorized mode of transportation for $50 or more to collect a fee of
$5. The bill requires the merchant to remit the fee to the comptroller of
public accounts (comptroller) for deposit to the credit of the trails
account. The bill requires the comptroller to enforce the $5 fee under the
Limited Sales, Excise, and Use Tax Act and authorizes the comptroller to
retain five cents of the $5 fee to pay for the costs of administering the
supplemental bicycle and pedestrian facilities fee (Sec. 11.047). 

The bill amends the Local Government Code to authorize the governing body
of a municipality by ordinance to require a child younger than 16 years of
age to wear a bicycle helmet while operating a bicycle in the municipality
and to authorize the commissioners court of a county by order to require a
child younger than 16 years of age to wear a bicycle helmet while operating
a bicycle in the unincorporated area of the county. The bill authorizes the
governing body of a municipality or the commissioners court of a county to
adopt an ordinance or order requiring bicycle helmet use by a child only if
the Department of Public Safety (DPS) determines that local school
districts have adopted a bicycle safety education program, and the county
or municipality has adopted a program that provides or works with a civic
or other organization to provide children from low-income families with
bicycle helmets. The bill sets forth provisions relating to a  violation of
such an ordinance or order. The bill requires DPS to adopt rules to
implement these provisions (Sec. 370.004).    

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 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 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 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2203 modifies the original bill by implementing provisions
authorizing municipalities and counties to require children younger than 16
years old to wear a bicycle helmet while operating bicycles in
municipalities and unincorporated areas of a county (Sec. 370.004, Local
Government Code). The substitute establishes the supplemental bicycle and
pedestrian facilities fee (Sec. 11.047, Parks and Wildlife Code).  

The substitute removes the provision establishing the bicycle and
pedestrian facilities account. The substitute removes modified provisions
of the Tax Code in the original bill that specified the amount of deposit
of funds allocated to the trails account and bicycle and pedestrian
facilities account. C.S.H.B. 2203 removes the requirement that the Texas
Department of Transportation allocate 10 percent of the money it receives
under the Hazard Elimination Program to grants for the Safe Routes to
School Program.