Bill Text: TX HB2301 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to the operation of personal delivery and mobile carrying devices.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-25 - Committee report sent to Calendars [HB2301 Detail]

Download: Texas-2019-HB2301-Comm_Sub.html

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86R21247 JXC-F
By: Landgraf H.B. No. 2301
Substitute the following for H.B. No. 2301:
By: Ortega C.S.H.B. No. 2301

A BILL TO BE ENTITLED
AN ACT
relating to the operation of personal delivery and mobile carrying
devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.001(26), Transportation Code, is
amended to read as follows:
(26) "Motorized mobility device" has the meaning
assigned by Section 552A.0101 [542.009].
SECTION 2. Subtitle C, Title 7, Transportation Code, is
amended by adding Chapter 552A to read as follows:
CHAPTER 552A. DEVICES SUBJECT TO PEDESTRIAN LAWS
SUBCHAPTER A. PERSONAL DELIVERY AND MOBILE CARRYING DEVICES
Sec. 552A.0001. DEFINITIONS. In this subchapter:
(1) "Agent" has the meaning assigned by Section 7.21,
Penal Code.
(2) "Business entity" means a legal entity, including
a corporation, partnership, or sole proprietorship, that is formed
for the purpose of making a profit.
(3) "Mobile carrying device" means a device that:
(A) transports cargo while remaining within 25
feet of a human operator; and
(B) is equipped with technology that allows the
operator to actively monitor the device.
(4) "Pedestrian area" includes a sidewalk, crosswalk,
school crosswalk, school crossing zone, or safety zone.
(5) "Personal delivery device" means a device that:
(A) is manufactured primarily for transporting
cargo in a pedestrian area or on the side or shoulder of a highway;
and
(B) is equipped with automated driving
technology, including software and hardware, that enables the
operation of the device with the remote support and supervision of a
human.
Sec. 552A.0002. APPLICABLE LAW. (a) The operation of a
personal delivery or mobile carrying device in a pedestrian area or
on the side or shoulder of a highway is governed exclusively by:
(1) this subchapter; and
(2) any applicable regulations adopted by a local
authority that are not inconsistent with this subchapter, as
authorized under Section 552A.0009.
(b) For the purposes of this title, including Section
545.422, a personal delivery or mobile carrying device operated in
compliance with this subchapter is not considered to be a vehicle.
Sec. 552A.0003. OPERATOR OF PERSONAL DELIVERY DEVICE. (a)
A person may operate a personal delivery device under this
subchapter only if:
(1) the person is a business entity; and
(2) a human who is an agent of the business entity has
the capability to monitor or exercise physical control over the
navigation and operation of the device.
(b) Except as provided by Subsection (c), when a personal
delivery device operated by a business entity is engaged, the
business entity is considered to be the operator of the device
solely for the purpose of assessing compliance with applicable
traffic laws.
(c) When a personal delivery device operated by a business
entity is engaged and an agent of the entity controls the device in
a manner that is outside the scope of the agent's office or
employment, the agent is considered to be the operator of the
device.
(d) A person is not considered to be the operator of a
personal delivery device solely because the person:
(1) requests a delivery or service provided by the
device; or
(2) dispatches the device.
Sec. 552A.0004. OPERATOR OF MOBILE CARRYING DEVICE. A
person operating a mobile carrying device is considered to be the
operator of the device for the purpose of assessing compliance with
applicable traffic laws.
Sec. 552A.0005. DEVICE OPERATION. (a) A personal delivery
or mobile carrying device operated under this subchapter must:
(1) operate in a manner that complies with the
provisions of this subtitle applicable to pedestrians, unless the
provision cannot by its nature apply to the device;
(2) yield the right-of-way to all other traffic,
including pedestrians;
(3) not unreasonably interfere with or obstruct other
traffic, including pedestrians;
(4) if operated at nighttime, display the lights
required by Section 552A.0007 or 552A.0008, as applicable;
(5) comply with any applicable regulations adopted by
a local authority under Section 552A.0009;
(6) not transport hazardous materials in a quantity
requiring placarding by a regulation issued under the Hazardous
Materials Transportation Act (49 U.S.C. Section 5101 et seq.); and
(7) be monitored or controlled as provided by Section
552A.0003(a) for a personal delivery device or by the operator for a
mobile carrying device.
(b) A mobile carrying device operated under this subchapter
must remain within 25 feet of the operator while the device is in
motion.
Sec. 552A.0006. AREAS AND SPEEDS OF OPERATION. A personal
delivery or mobile carrying device operated under this subchapter
may be operated only:
(1) in a pedestrian area at a speed of not more than 10
miles per hour; or
(2) on the side of a roadway or the shoulder of a
highway at a speed of not more than 20 miles per hour.
Sec. 552A.0007. PERSONAL DELIVERY DEVICE EQUIPMENT. (a) A
personal delivery device operated under this subchapter must:
(1) be equipped with a marker that clearly states the
name and contact information of the owner and a unique
identification number; and
(2) be equipped with a braking system that enables the
device to come to a controlled stop.
(b) A personal delivery device operated under this
subchapter at nighttime must be equipped with lights on the front
and rear of the device that are visible and recognizable under
normal atmospheric conditions on all sides of the device from 1 to
500 feet from the device when the light is directly in front of
lawful lower beams of headlamps.
Sec. 552A.0008. MOBILE CARRYING DEVICE EQUIPMENT. (a) A
mobile carrying device operated under this subchapter must be
equipped with a braking system that enables the device to come to a
controlled stop.
(b) A mobile carrying device operated under this subchapter
at nighttime must be equipped with lights that are visible and
recognizable under normal atmospheric conditions from 1 to 50 feet
from the device when the light is directly in front of lawful lower
beams of headlamps.
Sec. 552A.0009. LOCAL AUTHORITY REGULATION. (a) A local
authority may regulate the operation of a personal delivery or
mobile carrying device on a highway or in a pedestrian area in a
manner not inconsistent with this subchapter.
(b) This section does not affect the authority of a local
authority's peace officers to enforce the laws of this state
relating to the operation of a personal delivery or mobile carrying
device.
Sec. 552A.0010. INSURANCE. A business entity that operates
a personal delivery device operated under this subchapter must
maintain an insurance policy that includes general liability
coverage of not less than $100,000 for damages arising from the
operation of the device.
SECTION 3. Chapter 552A, Transportation Code, as added by
this Act, is amended by adding Subchapter B, and a heading is added
to that subchapter to read as follows:
SUBCHAPTER B. MOBILITY DEVICES
SECTION 4. Section 542.009, Transportation Code, is
transferred to Subchapter B, Chapter 552A, Transportation Code, as
added by this Act, and redesignated as Section 552A.0101,
Transportation Code, to read as follows:
Sec. 552A.0101 [542.009]. OPERATORS OF CERTAIN MOBILITY
DEVICES. (a) In this section, "motorized mobility device" means a
device designed for transportation of persons with physical
disabilities that:
(1) has three or more wheels;
(2) is propelled by a battery-powered motor;
(3) has not more than one forward gear; and
(4) is not capable of speeds exceeding eight miles per
hour.
(b) For the purposes of this subtitle, a person operating a
nonmotorized wheelchair or motorized mobility device is considered
to be a pedestrian.
SECTION 5. Section 551.351(2), Transportation Code, is
amended to read as follows:
(2) "Pocket bike or minimotorbike" means a
self-propelled vehicle that is equipped with an electric motor or
internal combustion engine having a piston displacement of less
than 50 cubic centimeters, is designed to propel itself with not
more than two wheels in contact with the ground, has a seat or
saddle for the use of the operator, is not designed for use on a
highway, and is ineligible for a certificate of title under Chapter
501. The term does not include:
(A) a moped or motorcycle;
(B) an electric bicycle or motor-driven cycle, as
defined by Section 541.201;
(C) a motorized mobility device, as defined by
Section 552A.0101 [542.009];
(D) an electric personal assistive mobility
device, as defined by Section 551.201; or
(E) a neighborhood electric vehicle, as defined
by Section 551.301.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.