Bill Text: TX SB1942 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the classification and operation of mopeds and certain motorcycles.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-05-20 - Co-author authorized [SB1942 Detail]

Download: Texas-2019-SB1942-Introduced.html
  86R12863 BEE-F
 
  By: Watson S.B. No. 1942
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the classification and operation of mopeds and certain
  motorcycles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  MOPED OPERATION
         SECTION 1.01.  Section 521.084, Transportation Code, is
  amended to read as follows:
         Sec. 521.084.  CLASS M LICENSE.  A Class M driver's license
  authorizes the holder of the license to operate a motorcycle [or
  moped] as defined by Section 541.201.
         SECTION 1.02.  Section 521.085(a), Transportation Code, is
  amended to read as follows:
         (a)  Unless prohibited by Chapter 522, and except as provided
  by Subsection (b), the license holder may operate any vehicle of the
  type for which that class of license is issued and any lesser type
  of vehicle other than a motorcycle [or moped].
         SECTION 1.03.  Section 521.122(b), Transportation Code, is
  amended to read as follows:
         (b)  The department may include on the driver's license an
  authorization to operate a motorcycle [or moped] if the license
  holder has met all requirements for a Class M license.
         SECTION 1.04.  Section 521.421(f), Transportation Code, as
  added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature,
  Regular Session, 1997, is redesignated as Section 521.421(g),
  Transportation Code, and amended to read as follows:
         (g) [(f)]  If a Class A, B, or C driver's license includes an
  authorization to operate a motorcycle [or moped], the fee for the
  driver's license is increased by $8.
         SECTION 1.05.  Section 522.029(f), Transportation Code, is
  amended to read as follows:
         (f)  If a commercial driver's license includes an
  authorization to operate a motorcycle [or moped], the fee for the
  driver's license is increased by $8.
         SECTION 1.06.  Section 522.041(e), Transportation Code, is
  amended to read as follows:
         (e)  The holder of a commercial driver's license or
  commercial learner's permit may drive any vehicle in the class for
  which the license or permit is issued and lesser classes of vehicles
  except a motorcycle [or moped].  The holder may drive a motorcycle
  only if authorization to drive a motorcycle is shown on the
  commercial driver's license and the requirements for issuance of a
  motorcycle license have been met.
         SECTION 1.07.  Sections 541.201(8) and (9), Transportation
  Code, are amended to read as follows:
               (8)  "Moped" means a motor vehicle that is equipped
  with a rider's saddle and designed to have when propelled not more
  than three wheels on the ground, [motor-driven cycle] that cannot
  attain a speed in one mile of more than 30 miles per hour, and the
  engine of which:
                     (A)  cannot produce more than five-brake
  [two-brake] horsepower; and
                     (B)  if an internal combustion engine, has a
  piston displacement of 50 cubic centimeters or less and connects to
  a power drive system that does not require the operator to shift
  gears.
               (9)  "Motorcycle" means a motor vehicle, other than a
  tractor or moped, that is equipped with a rider's saddle and
  designed to have when propelled not more than three wheels on the
  ground.
  ARTICLE 2.  CONFORMING AMENDMENTS
         SECTION 2.01.  Section 345.251(a), Finance Code, is amended
  to read as follows:
         (a)  A retail seller may charge a documentary fee for
  services rendered to, for, or on behalf of a retail buyer in
  handling and processing documents relating to the sale of a
  motorcycle, [motor-driven cycle,] moped, all-terrain vehicle,
  boat, boat motor, boat trailer, or towable recreational vehicle.
         SECTION 2.02.  Section 501.002(17), Transportation Code, is
  amended to read as follows:
               (17)  "Motor vehicle" means:
                     (A)  any motor driven or propelled vehicle
  required to be registered under the laws of this state;
                     (B)  a trailer or semitrailer, other than
  manufactured housing, that has a gross vehicle weight that exceeds
  4,000 pounds;
                     (C)  a travel trailer;
                     (D)  an all-terrain vehicle or a recreational
  off-highway vehicle, as those terms are defined by Section 502.001,
  designed by the manufacturer for off-highway use that is not
  required to be registered under the laws of this state; or
                     (E)  a motorcycle [, motor-driven cycle,] or moped
  that is not required to be registered under the laws of this state.
         SECTION 2.03.  Section 502.001(7), Transportation Code, is
  amended to read as follows: 
               (7)  "Commercial motor vehicle" means a motor vehicle,
  other than a motorcycle or moped, designed or used primarily to
  transport property.  The term includes a passenger car
  reconstructed and used primarily for delivery purposes.  The term
  does not include a passenger car used to deliver the United States
  mail.
         SECTION 2.04.  Section 544.0075(b), Transportation Code, is
  amended to read as follows: 
         (b)  In addition to any other type of vehicle the presence of
  which the detector for the traffic-actuated electric
  traffic-control signal may register, the detector for a
  traffic-actuated electric traffic-control device to which this
  section applies must be capable of registering the presence of a
  motorcycle or moped.
         SECTION 2.05.  Sections 545.065(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  The Texas Transportation Commission by resolution or
  order recorded in its minutes may prohibit the use of a
  limited-access or controlled-access highway under the jurisdiction
  of the commission by a parade, funeral procession, pedestrian,
  bicycle, electric bicycle, motorcycle equipped with a motor that
  has an engine piston displacement of 250 cubic centimeters or less 
  [motor-driven cycle], or nonmotorized traffic.
         (c)  A local authority by ordinance may prohibit the use of a
  limited-access or controlled-access roadway under the jurisdiction
  of the authority by a parade, funeral procession, pedestrian,
  bicycle, electric bicycle, motorcycle equipped with a motor that
  has an engine piston displacement of 250 cubic centimeters or less
  [motor-driven cycle], or nonmotorized traffic.
         SECTION 2.06.  Section 545.361(a), Transportation Code, is
  amended to read as follows:
         (a)  An operator of a moped or a motorcycle equipped with a
  motor that has an engine piston displacement of 250 cubic
  centimeters or less [motor-driven cycle] may not drive at a speed of
  more than 35 miles per hour during the time specified by Section
  547.302(a) unless the motorcycle or moped [cycle] is equipped with
  a headlamp or lamps that reveal a person or vehicle 300 feet ahead.
         SECTION 2.07.  Section 545.416, Transportation Code, is
  amended to read as follows:
         Sec. 545.416.  RIDING ON MOTORCYCLE OR MOPED. (a) An
  operator of a motorcycle or moped shall ride on the permanent and
  regular seat attached to the motorcycle.
         (b)  An operator may not carry another person on the
  motorcycle or moped, and a person who is not operating the
  motorcycle or moped may not ride on the motorcycle or moped, unless
  the motorcycle or moped is:
               (1)  designed to carry more than one person; and
               (2)  equipped with footrests and handholds for use by
  the passenger.
         (c)  If the motorcycle or moped is designed to carry more
  than one person, a passenger may ride only on the permanent and
  regular seat, if designed for two persons, or on another seat firmly
  attached to the motorcycle or moped behind or to the side of the
  operator.
         (d)  Except as provided by Subsection (e), an operator may
  not carry another person on a motorcycle or moped unless the other
  person is at least five years of age.  An offense under this
  subsection is a misdemeanor punishable by a fine of not less than
  $100 or more than $200.  It is a defense to prosecution under this
  subsection that the operator was operating the motorcycle or moped
  in an emergency or for a law enforcement purpose.
         (e)  Subsection (d) does not prohibit an operator from
  carrying on a motorcycle or moped a person younger than five years
  of age who is seated in a sidecar attached to the motorcycle or
  moped.
         (f)  For purposes of Subsections (c) and (d), an autocycle as
  defined by Section 501.008 is considered to be a motorcycle.
         SECTION 2.08.  Section 545.424, Transportation Code, is
  amended by adding Subsection (a-2) and amending Subsections (b) and
  (b-1) to read as follows:
         (a-2)  Notwithstanding Subsection (a-1), a person under 18
  years of age may operate a moped after midnight and before 5 a.m. if
  the person is in sight of the person's parent or guardian.
         (b)  A person under 17 years of age who holds a restricted
  motorcycle license [or moped license] may not operate a motorcycle
  [or moped] while using a wireless communication device, except in
  case of emergency. This subsection does not apply to a person
  licensed by the Federal Communications Commission while operating a
  radio frequency device other than a wireless communication device.
         (b-1)  A person under 17 years of age who holds a restricted
  motorcycle license [or moped] license, during the 12-month period
  following the issuance of an original motorcycle license [or moped
  license] to the person, may not operate a motorcycle [or moped]
  after midnight and before 5 a.m. unless:
               (1)  the person is in sight of the person's parent or
  guardian; or
               (2)  the operation of the vehicle is necessary for the
  operator to attend or participate in employment or a school-related
  activity or because of a medical emergency.
         SECTION 2.09.  Section 547.306, Transportation Code, is
  amended to read as follows:
         Sec. 547.306.  LED GROUND EFFECT LIGHTING EQUIPMENT ON
  MOTORCYCLE OR MOPED. (a)  In this section, "LED ground effect
  lighting equipment" means light emitting diode (LED) technology
  that is attached to the underbody of a motorcycle or moped for the
  purpose of illuminating:
               (1)  the body of the motorcycle or moped; or
               (2)  the ground below the motorcycle or moped.
         (b)  A person may operate a motorcycle or moped equipped with
  LED ground effect lighting that emits a non-flashing amber or white
  light.
         SECTION 2.10.  Sections 547.333(a) and (d), Transportation
  Code, are amended to read as follows:
         (a)  Unless provided otherwise, a headlamp, auxiliary
  driving lamp, auxiliary passing lamp, or combination of those lamps
  mounted on a motor vehicle, other than a motorcycle or moped
  [motor-driven cycle]:
               (1)  shall be arranged so that the operator can select
  at will between distributions of light projected at different
  elevations; and
               (2)  may be arranged so that the operator can select the
  distribution automatically.
         (d)  A motor vehicle of a model year of 1948 or later, other
  than a motorcycle or moped [motor-driven cycle], that has
  multiple-beam lighting equipment shall be equipped with a beam
  indicator that is:
               (1)  designed and located so that the lighted indicator
  is visible without glare to the vehicle operator; and
               (2)  lighted only when the uppermost distribution of
  light is in use.
         SECTION 2.11.  Sections 547.383(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  A vehicle, other than a moped or a motorcycle equipped
  with a motor that has an engine piston displacement of 250 cubic
  centimeters or less [motor-driven cycle], shall be equipped with at
  least one lamp, or a combination of lamps, that:
               (1)  emits a white or amber light visible at a distance
  of 1,000 feet from the front and a red light visible at a distance of
  1,000 feet from the rear; and
               (2)  is mounted so that at least one lamp is installed
  as near as practicable to the side of the vehicle that is closest to
  passing traffic.
         (b)  A vehicle, other than a moped or a motorcycle equipped
  with a motor that has an engine piston displacement of 250 cubic
  centimeters or less [motor-driven cycle], that is parked or stopped
  on a roadway or shoulder at a time specified in Section 547.302(a)
  shall display a lamp that complies with Subsection (a).
         SECTION 2.12.  Section 547.404(a), Transportation Code, is
  amended to read as follows:
         (a)  A vehicle required to have brakes by this subchapter,
  other than a motorcycle or moped [motor-driven cycle], shall be
  equipped with parking brakes adequate to hold the vehicle:
               (1)  on any grade on which the vehicle is operated;
               (2)  under all loading conditions; and
               (3)  on a surface free from snow, ice, or loose
  material.
         SECTION 2.13.  Section 547.408(a), Transportation Code, is
  amended to read as follows:
         (a)  A motor vehicle or combination of vehicles shall be
  equipped with service brakes capable of:
               (1)  developing a braking force that is not less than:
                     (A)  52.8 percent of the gross weight of the
  vehicle for a passenger vehicle; or
                     (B)  43.5 percent of the gross weight of the
  vehicle for a vehicle other than a passenger vehicle;
               (2)  decelerating to a stop from 20 miles per hour or
  less at not less than:
                     (A)  17 feet per second per second for a passenger
  vehicle; or
                     (B)  14 feet per second per second for other
  vehicles; and
               (3)  stopping from a speed of 20 miles per hour in a
  distance, measured from the location where the service brake pedal
  or control is activated, of not more than:
                     (A)  25 feet for a passenger vehicle;
                     (B)  30 feet for a motorcycle, moped [motor-driven
  cycle], or single unit vehicle with a manufacturer's gross vehicle
  weight rating of 10,000 pounds or less;
                     (C)  40 feet for:
                           (i)  a single unit vehicle with a
  manufacturer's gross weight rating of more than 10,000 pounds;
                           (ii)  a two-axle towing vehicle and trailer
  combination with a weight of 3,000 pounds or less;
                           (iii)  a bus that does not have a
  manufacturer's gross weight rating; and
                           (iv)  the combination of vehicles in an
  operation exempted by Section 547.407(b); and
                     (D)  50 feet for other vehicles.
         SECTION 2.14.  Section 547.617, Transportation Code, is
  amended to read as follows:
         Sec. 547.617.  MOTORCYCLE AND MOPED FOOTRESTS AND HANDHOLDS
  REQUIRED. (a) A motorcycle or moped that is designed to carry more
  than one person must be equipped with footrests and handholds for
  use by the passenger.
         (b)  This section does not apply to an autocycle as defined
  by Section 501.008 or a motorcycle as defined by Section
  521.001(a)(6-a).
         SECTION 2.15.  The heading to Subchapter M, Chapter 547,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER M. ADDITIONAL OR ALTERNATIVE EQUIPMENT REQUIREMENTS FOR
  MOTORCYCLES AND MOPEDS [MOTOR-DRIVEN CYCLES]
         SECTION 2.16.  Sections 547.801(a), (b), and (c),
  Transportation Code, are amended to read as follows:
         (a)  A motorcycle or a moped [, including a motor-driven
  cycle,] shall be equipped with:
               (1)  not more than two headlamps mounted at a height
  from 24 to 54 inches;
               (2)  at least one taillamp mounted at a height from 20
  to 72 inches;
               (3)  a taillamp or separate lamp to illuminate the rear
  license plate that complies with the requirements of Sections
  547.322(f) and (g);
               (4)  at least one stoplamp that complies with the
  requirements of Section 547.323(d); and
               (5)  at least one rear red reflector that complies with
  the requirements of Section 547.325(b) and may be included as a part
  of the taillamp.
         (b)  A motorcycle, other than a motorcycle equipped with a
  motor that has an engine piston displacement of 250 cubic
  centimeters or less [motor-driven cycle], shall be equipped with
  multiple-beam lighting equipment that produces:
               (1)  an uppermost distribution of light that reveals a
  person or vehicle at a distance of at least 300 feet ahead; and
               (2)  a lowermost distribution of light that:
                     (A)  reveals a person or vehicle at a distance of
  at least 150 feet ahead; and
                     (B)  is aimed so that no part of the
  high-intensity portion of the beam on the motorcycle that is on a
  straight and level road under any condition of loading projects
  into the eyes of an approaching vehicle operator.
         (c)  A moped or a motorcycle equipped with a motor that has an
  engine piston displacement of 250 cubic centimeters or less
  [motor-driven cycle] shall be equipped with:
               (1)  multiple-beam lighting equipment that complies
  with the requirements of Subsection (b); or
               (2)  single-beam lighting equipment that:
                     (A)  emits light sufficient to reveal a person or
  vehicle:
                           (i)  at a distance of at least 100 feet when
  the cycle is operated at a speed less than 25 miles per hour;
                           (ii)  at a distance of at least 200 feet when
  the cycle is operated at a speed of 25 miles per hour or more; and
                           (iii)  at a distance of at least 300 feet
  when the cycle is operated at a speed of 35 miles per hour or more;
  and
                     (B)  is aimed so that no part of the
  high-intensity portion of the beam from the lamp on a loaded cycle
  projects a beam higher than the level center of the lamp for a
  distance of 25 feet ahead.
         SECTION 2.17.  Section 547.802, Transportation Code, is
  amended to read as follows:
         Sec. 547.802.  BRAKE EQUIPMENT. (a) If a motorcycle or a
  moped[, including a motor-driven cycle,] complies with the
  performance requirements of Section 547.408, brakes are not
  required on the wheel of a sidecar attached to the motorcycle or
  moped [cycle].
         (b)  If a moped or a motorcycle equipped with a motor that has
  an engine piston displacement of 250 cubic centimeters or less
  [motor-driven cycle] complies with the performance standards of
  Section 547.408, brakes are not required on the front wheel of the
  cycle.
         (c)  The director may require an inspection of the [a
  motor-driven cycle] braking system of a moped or a motorcycle
  equipped with a motor that has an engine piston displacement of 250
  cubic centimeters or less and may disapprove a system that:
               (1)  does not comply with the brake performance
  requirements in Section 547.408; or
               (2)  is not designed or constructed to ensure
  reasonable and reliable performance during actual use.
         SECTION 2.18.  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 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 2.19.  Section 662.011(a), Transportation Code, is
  amended to read as follows:
         (a)  Of each fee collected under Sections 521.421(b) and (g)
  [(f)] and Sections 522.029(f) and (g), the Department of Public
  Safety shall send $5 to the comptroller for deposit to the credit of
  the motorcycle education fund account.
  ARTICLE 3.  REPEALER
         SECTION 3.01.  The following provisions of the
  Transportation Code are repealed:
               (1)  Section 521.224(a);
               (2)  Section 521.225; and
               (3)  Section 541.201(10).
  ARTICLE 4.  TEXAS MOBILITY FUND
         SECTION 4.01.  As soon as practicable after the effective
  date of this Act, the comptroller of public accounts shall:
               (1)  determine whether any transfer of money for
  deposit to the Texas mobility fund is necessary to comply with
  Section 49-k, Article III, Texas Constitution; and
               (2)  transfer any amount determined to be necessary
  under Subdivision (1) to the Texas mobility fund from the general
  revenue fund.
  ARTICLE 5.  EFFECTIVE DATE
         SECTION 5.01.  This Act takes effect September 1, 2019.
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