Bill Text: TX SB549 | 2019-2020 | 86th Legislature | Engrossed

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Bill Title: Relating to the operation of motor-assisted scooters.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2019-05-14 - No action taken in committee [SB549 Detail]

Download: Texas-2019-SB549-Engrossed.html

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By: West, Powell S.B. No. 549

A BILL TO BE ENTITLED
AN ACT
relating to the operation of motor-assisted scooters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.351, Transportation Code, is amended
by amending Subdivision (1) and adding Subdivision (3) to read as
follows:
(1) "Motor-assisted scooter":
(A) means a self-propelled device with:
(i) at least two wheels in contact with the
ground during operation;
(ii) a braking system capable of stopping
the device under typical operating conditions;
(iii) a gas motor with a displacement not
exceeding 40 cubic centimeters or an electric motor with a power
output not exceeding 2,000 watts [40 cubic centimeters];
(iv) a deck designed to allow a person to
stand or sit while operating the device; and
(v) the ability to be propelled by human
power alone; and
(B) does not include a pocket bike or a
minimotorbike.
(3) "Shared motor-assisted scooter" means a
motor-assisted scooter that is rented for a fee.
SECTION 2. Subchapter E, Chapter 551, Transportation Code,
is amended by adding Section 551.3515 to read as follows:
Sec. 551.3515. GENERAL OPERATION OF MOTOR-ASSISTED
SCOOTERS. (a) A person must be at least 16 years of age to operate
a shared motor-assisted scooter.
(b) A person may not use a motor-assisted scooter to carry
more than one person.
SECTION 3. Section 551.352, Transportation Code, is amended
to read as follows:
Sec. 551.352. OPERATION ON ROADWAYS, BICYCLE PATHS, OR
SIDEWALKS. (a) Except as provided by Subsection (f), a person may
operate a [A] motor-assisted scooter [may be operated] only:
(1) on a sidewalk or another path that is set aside
primarily for the use of nonmotorized traffic, including bicycles
and pedestrians; or
(2) on a roadway in a bicycle lane, except as provided
by Subsection (b) [street or highway for which the posted speed
limit is 35 miles per hour or less. The motor-assisted scooter may
cross a road or street at an intersection where the road or street
has a posted speed limit of more than 35 miles per hour].
(b) A person may operate a motor-assisted scooter on a
roadway without a bicycle lane if:
(1) the roadway has a speed limit of 35 miles per hour
or less; and
(2) the person rides as near as practicable to the
right curb or edge of the roadway, unless:
(A) the person is:
(i) operating the scooter on a one-way
roadway, in which case the operator shall ride as near as
practicable to the left curb or edge of the roadway;
(ii) overtaking or passing another vehicle
that is proceeding in the same direction;
(iii) preparing to execute a left turn; or
(iv) riding alongside not more than one
other motor-assisted scooter and both operators are riding in a
single lane and in a manner that does not impede the normal and
reasonable movement of traffic on the roadway; or
(B) hazardous conditions make it reasonably
necessary for the operator to avoid the curb or edge of the roadway
[A county or municipality may prohibit the operation of a
motor-assisted scooter on a street, highway, or sidewalk if the
governing body of the county or municipality determines that the
prohibition is necessary in the interest of safety].
(c) A person may not operate a motor-assisted scooter at a
speed that exceeds:
(1) 15 miles per hour if the person is standing; or
(2) 20 miles per hour if the person is seated.
(d) A person operating a motor-assisted scooter shall yield
the right-of-way to a pedestrian.
(e) The department may prohibit the operation of a
motor-assisted scooter on a highway if it determines that the
prohibition is necessary in the interest of safety.
(f) [(d)] A person may not operate a shared motor-assisted
scooter on a [path set aside for the exclusive operation of bicycles
or on a] sidewalk. [Except as otherwise provided by this section, a
provision of this title applicable to the operation of a bicycle
applies to the operation of a motor-assisted scooter.]
(g) [(e)] A provision of this title applicable to a motor
vehicle does not apply to a motor-assisted scooter.
SECTION 4. Subchapter E, Chapter 551, Transportation Code,
is amended by adding Sections 551.354 and 551.355 to read as
follows:
Sec. 551.354. PARKING. A person may not park a
motor-assisted scooter in a manner that obstructs:
(1) a roadway, path, or sidewalk; or
(2) an improvement or feature of a roadway, path,
sidewalk, or building if the primary purpose of the improvement or
feature is compliance with the requirements of the Americans With
Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
Sec. 551.355. EFFECT OF SUBCHAPTER ON OTHER LAW. A county
or municipality may:
(1) further restrict the speed at which a person may
operate a motor-assisted scooter;
(2) further restrict the locations a person may
operate a motor-assisted scooter;
(3) increase the minimum age requirement for the
operator of a motor-assisted scooter;
(4) impose a higher criminal or civil penalty for a
violation of this subchapter;
(5) further restrict the locations a person may park a
motor-assisted scooter;
(6) require the operator of a motor-assisted scooter
to wear a safety helmet; or
(7) prohibit the operation of a motor-assisted scooter
on a street, highway, or sidewalk if the governing body of the
county or municipality determines that the prohibition is in the
public interest or is necessary for safety.
SECTION 5. This Act takes effect September 1, 2019.