HBA-TBM C.S.H.B. 2204 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2204 By: Gutierrez Public Safety 4/25/2001 Committee Report (Substituted) 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. C.S.H.B. 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 4 (Section 543.303, Transportation Code) and to the Texas Department of Transportation in SECTION 8 of this bill. ANALYSIS C.S.H.B. 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 requesting 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). C.S.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. 411.0175). C.S.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). C.S.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 bicycling safety course administered by DPS (Sec. 543.302 and SECTION 8). The bill requires DPS to establish and administer a bicycling safety course, authorizes DPS to adopt rules to implement the program, and sets forth provisions relating to fees, instructors, contracts, and the acceptance of funds (Sec. 543.303 and SECTION 8). 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 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). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2204 differs from the original by authorizing a justice to defer further proceedings regarding a traffic offense committed by a bicyclist without entering an adjudication and place the defendant on probation for a period not to exceed 90 rather than 180 days. If a defendant has completed a bicycling safety course administered by the Texas Department of Public Safety (DPS) within the preceding 12 months, the substitute places a defendant's request for a deferral as an additional condition allowing a justice to require the defendant to successfully complete another bicycling safety course. Once a court accepts evidence of successful course completion, the substitute does not require the court to report the fact and the date of completion to DPS for inclusion in the person's driving record or provide information necessary to determine eligibility to take a subsequent course. The substitute requires a court to advise a defendant charged with a misdemeanor committed while operating a bicycle of the person's right to request deferral. The substitute removes the provision that the right to complete a bicycle safety course does not apply to a person charged with a violation for passing a school bus, reckless driving, an accident involving damage to a vehicle, or failing to give information and render aid (Art. 45.0512, Code of Criminal Procedure). The substitute removes provisions relating to the required wearing of bicycle helmets (Sec. 370.004, Local Government Code). The substitute reduces the grade of criminal offenses for throwing an object from a motor vehicle at or endangering the safety of a bicyclist or pedestrian (Sec. 545.0535, Transportation Code and Sec. 22.12, Penal Code). The substitute sets forth provisions relating to the imposition and use of fees, the hiring of instructors, contracting with entities interested in bicycle education, and the acceptance of gifts, grants, and donations in connection with the administration of bicycling safety courses administered by DPS (Sec. 543.303, Transportation Code). The substitute provides that a bicyclist who is moving slower than the other traffic on the roadway is required to ride as near as practicable to the right curb or 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 that lane. The original only specified that the outside lane be less than 14 feet in width (Sec. 551.103, Transportation Code).