HBA-TBM H.B. 2204 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2204 By: Gutierrez Public Safety 7/17/2001 Enrolled BACKGROUND AND PURPOSE The population growth of Texas continues to aggravate the congestion and dangers inherent in traffic flow within our communities. Neighborhoods and existing road systems developed for smaller populations face increasing pressures from higher traffic density. Prior to the 77th Legislature, alternative transportation options were limited, and in many cases they lacked the proper safeguards necessary to protect a bicyclist or pedestrian. Better training and education in traffic safety rules for motorists and bicyclists is needed to achieve success in an effort to reduce bicycle safety injuries and fatalities. House Bill 2204 sets forth provisions for the enforcement of safety regulations regarding bicyclists and pedestrians and establishes a bicycling safety course for bicyclists who elect deferred disposition for traffic offenses. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Department of Public Safety in SECTION 3 (Section 201.614, Transportation Code) and SECTION 12 (Section 551.106, Transportation Code) of this bill. ANALYSIS House Bill 2204 amends the Government Code to require accident reports published by the Department of Public Safety (DPS) to include information regarding the number of accidents involving injury to, death of, or property damage to a bicyclist or pedestrian (Sec. 411.0175). H.B. 2204 amends the Transportation Code to require DPS to establish and administer a Safe Routes to School Program to distribute money to political subdivisions for projects to improve safety in and around school areas. The bill sets forth provisions regarding eligible projects and criteria DPS is required to consider in regards to project proposals. The bill authorizes DPS to allocate money received from the federal government under the Hazard Elimination Program to eligible projects. DPS is required to adopt rules to implement these provisions (Sec. 201.614). The bill provides that the owner of an electric bicycle is not required to register the electric bicycle (Sec. 502.0075). The bill requires a bicyclist to ride as close as practicable to the right edge of the roadway unless the bicyclist is riding in an outside lane that is less than 14 feet in width and does not have a designated bicycle lane adjacent to the lane or is too narrow for a bicycle and a motor vehicle to safely travel side by side (Sec. 551.103). The bill requires rather than authorizes a person using a bicycle at night to equip the bicycle with a lamp on the rear of the bicycle that emits a red light visible from a distance of 500 feet (Sec. 551.104). The bill provides that neither DPS nor a local authority is authorized to prohibit the use of an electric bicycle on a highway that is used primarily by motor vehicles. DPS or a local authority may prohibit the use of an electric bicycle on a highway used primarily by pedestrians. DPS is required to establish rules for the administration of these provisions (Sec. 551.106). EFFECTIVE DATE September 1, 2001.