Bill Text: TX SB969 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the operation of personal delivery and mobile carrying devices.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective immediately [SB969 Detail]
Download: Texas-2019-SB969-Introduced.html
Bill Title: Relating to the operation of personal delivery and mobile carrying devices.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective immediately [SB969 Detail]
Download: Texas-2019-SB969-Introduced.html
86R10663 JXC-F | ||
By: Hancock | S.B. No. 969 |
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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 [ |
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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 an electrically | ||
powered 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 an electrically | ||
powered device that: | ||
(A) is designed primarily for transporting cargo | ||
in a pedestrian area; 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 is | ||
governed exclusively by: | ||
(1) this subchapter; and | ||
(2) any applicable regulations adopted by a local | ||
authority. | ||
(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 | ||
actively monitors or exercises 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 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; | ||
(6) not transport hazardous materials regulated under | ||
the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 | ||
et seq.); and | ||
(7) be actively 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 OF OPERATION. A personal delivery or | ||
mobile carrying device operated under this subchapter may be | ||
operated only: | ||
(1) in a pedestrian area; or | ||
(2) on a highway in an area that is not a pedestrian | ||
area: | ||
(A) if a sidewalk is not provided or is not | ||
accessible; and | ||
(B) on the left side of a roadway or the shoulder | ||
of the highway facing oncoming traffic. | ||
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; | ||
(2) be equipped with a braking system that enables the | ||
device to come to a controlled stop; | ||
(3) weigh less than 110 pounds, excluding any cargo; | ||
and | ||
(4) have a maximum speed of 12 miles per hour or less. | ||
(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: | ||
(1) be equipped with a braking system that enables the | ||
device to come to a controlled stop; | ||
(2) weigh less than 110 pounds, excluding any cargo; | ||
and | ||
(3) have a maximum speed of 12 miles per hour or less. | ||
(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 [ |
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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 [ |
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(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 September 1, 2019. |