HBA-TBM H.B. 2204 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2204 By: Gutierrez Public Safety 3/21/2001 Introduced 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. Currently, alternative transportation options are limited, and in many cases they lack the proper safeguards necessary to protect a bicyclist or pedestrian. Better training and education in traffic safety rules for motorists and bicyclists may be needed to achieve success in any effort to reduce bicycle safety injuries and fatalities. In addition, under current law, persons receiving citations for certain motor vehicle traffic offenses are able to take a driving safety course in exchange for a dismissal of the charge. Currently, there is no similar provision governing traffic offenses committed by bicyclists. 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 370.004, Local Government Code), SECTION 5 (Section 543.303, Transportation Code), and in SECTION 9 of this bill. ANALYSIS House Bill 2204 amends the Code of Criminal Procedure to set forth provisions applicable to deferred disposition for a traffic offense committed by a bicyclist. The bill requires a defendant electing deferred disposition to successfully complete a bicycling safety course administered by the Department of Public Safety (DPS) and sets forth provisions regarding required fees and limitations on eligibility for deferred disposition (Art. 45.0512). H.B. 2204 amends the Government Code to require accident reports published by DPS to include information regarding the number of accidents involving injury to, death of, or property damage to a bicyclist or pedestrian (Sec. 411.075). H.B. 2204 amends the Local Government Code to authorize the governing body of a municipality by ordinance and the commissioners court of a county by order to require children younger than 16 years of age to wear a bicycle helmet while operating a bicycle in the municipality or the county respectively provided that DPS determines that certain conditions have been met. The bill sets forth civil penalties for violating the ordinance or order and requires DPS to adopt rules to implement these provisions (Sec. 370.004). H.B. 2204 amends the Penal Code to set forth criminal offenses for throwing an object or substance from a motor vehicle at a bicyclist or pedestrian and establishes a penalty schedule for such offenses. The bill provides that if conduct constituting an offense under this provision also constitutes an offense under another law, the actor may be prosecuted under this provision, the other law, or both (Sec. 22.12). H.B. 2204 amends the Transportation Code to set forth provisions to be contained in a notice to appear relating to the dismissal of a misdemeanor charge for a citation for a traffic offense committed by a bicyclist received on or after January 1, 2002 by successfully completing a bicycle safety course administered by DPS (Sec. 543.302 and SECTION 9). The bill requires DPS to establish and administer a bicycling safety course and authorizes DPS to adopt rules by January 1, 2002 to implement the program (Sec. 543.303 and SECTION 9). The bill sets forth provisions regarding proper procedures for passing a bicyclist or pedestrian on a street or highway. The bill sets forth criminal offenses for endangering a bicyclist or pedestrian and a penalty schedule for such offenses (Sec. 545.0535). 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 or too narrow for a bicycle and a motor vehicle to safely travel side by side (Sec. 551.103). EFFECTIVE DATE September 1, 2001.