� |
� |
� |
�
|
AN ACT
|
�
|
relating to the maximum speed limit for a neighborhood electric |
�
|
vehicle being operated on a street or highway and to the operation |
�
|
of a motorcycle. |
�
|
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
�
|
�������SECTION�1.��Subdivision (1), Section 551.301, |
�
|
Transportation Code, as amended by Chapters 281 (H.B. 2702) and |
�
|
1242 (H.B. 1596), Acts of the 79th Legislature, Regular Session, |
�
|
2005, is reenacted and amended to read as follows: |
�
|
�������������(1)��"Neighborhood electric vehicle" means a vehicle |
�
|
that can attain a maximum speed of 35 miles per hour on a paved level |
�
|
surface and otherwise complies with [subject to] Federal Motor |
�
|
Vehicle Safety Standard 500 (49 C.F.R. Section 571.500). |
�
|
�������SECTION�2.��Subsection (a), Section 551.303, Transportation |
�
|
Code, is amended to read as follows: |
�
|
�������(a)��A neighborhood electric vehicle may be operated only on |
�
|
a street or highway for which the posted speed limit is 45 [35] |
�
|
miles per hour or less. A neighborhood electric vehicle may cross a |
�
|
road or street at an intersection where the road or street has a |
�
|
posted speed limit of more than 45 [35] miles per hour. A |
�
|
neighborhood electric vehicle may not be operated on a street or |
�
|
highway at a speed that exceeds the lesser of: |
�
|
�������������(1)��the posted speed limit; or |
�
|
�������������(2)��35 miles per hour. |
�
|
�������SECTION�3.��Subsection (a), Section 521.001, Transportation |
�
|
Code, is amended by adding Subdivision (6-a) to read as follows: |
�
|
�������������(6-a)��"Motorcycle" includes an enclosed three-wheeled |
�
|
passenger vehicle that: |
�
|
�������������������(A)��is designed to operate with three wheels in |
�
|
contact with the ground; |
�
|
�������������������(B)��has a minimum unladen weight of 900 lbs.; |
�
|
�������������������(C)��has a single, completely enclosed, occupant |
�
|
compartment; |
�
|
�������������������(D)��at a minimum, is equipped with: |
�
|
�������������������������(i)��seats that are certified by the vehicle |
�
|
manufacturer to meet the requirements of Federal Motor Vehicle |
�
|
Safety Standard No. 207, 49 C.F.R. Section 571.207; |
�
|
�������������������������(ii)��a steering wheel used to maneuver the |
�
|
vehicle; |
�
|
�������������������������(iii)��a propulsion unit located in front of |
�
|
or behind the enclosed occupant compartment; |
�
|
�������������������������(iv)��a seat belt for each vehicle occupant |
�
|
certified by the manufacturer to meet the requirements of Federal |
�
|
Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209; |
�
|
�������������������������(v)��a windshield and one or more windshield |
�
|
wipers certified by the manufacturer to meet the requirements of |
�
|
Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section |
�
|
571.205, and Federal Motor Vehicle Safety Standard No. 104, 49 |
�
|
C.F.R. Section 571.104; and |
�
|
�������������������������(vi)��a vehicle structure certified by the |
�
|
vehicle manufacturer to meet the requirements of Federal Motor |
�
|
Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and |
�
|
�������������������(E)��is produced by its manufacturer in a minimum |
�
|
quantity of 300 in any calendar year. |
�
|
�������SECTION�4.��Section 521.085, Transportation Code, is amended |
�
|
to read as follows: |
�
|
�������Sec.�521.085.��TYPE OF VEHICLE AUTHORIZED. (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. |
�
|
�������(b)��Subsection (a) does not prohibit a license holder from |
�
|
operating a lesser type of vehicle that is a motorcycle described by |
�
|
Section 521.001(a)(6-a). |
�
|
�������SECTION�5.��Subdivision (1), Section 661.001, |
�
|
Transportation Code, is amended to read as follows: |
�
|
�������������(1)��"Motorcycle" means a motor vehicle designed to |
�
|
propel itself with not more than three wheels in contact with the |
�
|
ground, and having a saddle for the use of the rider. The term does |
�
|
not include a tractor or a three-wheeled vehicle equipped with a cab |
�
|
or occupant compartment, seat, and seat belt and designed to |
�
|
contain the operator in the cab or occupant compartment. |
�
|
�������SECTION�6.��Section 680.013, Transportation Code, is amended |
�
|
to read as follows: |
�
|
�������Sec.�680.013.��USE OF PREFERENTIAL LANE BY MOTORCYCLE. A |
�
|
motorcycle, including a motorcycle described by Section |
�
|
521.001(a)(6-a), may be operated in a preferential lane that is not |
�
|
closed to all vehicular traffic. |
�
|
�������SECTION�7.��This Act takes effect September 1, 2009. |
�
|
|
�
|
|
� |
� |
� |
� |
______________________________ |
______________________________ |
� |
���President of the Senate |
Speaker of the House����� |
� |
�
|
�������I hereby certify that S.B.�No.�129 passed the Senate on |
�
|
April�9,�2009, by the following vote: Yeas�31, Nays�0; and that |
�
|
the Senate concurred in House amendment on May�29,�2009, by the |
�
|
following vote: Yeas�30, Nays�0. |
�
|
|
� |
� |
______________________________ |
� |
Secretary of the Senate���� |
� |
�
|
�������I hereby certify that S.B.�No.�129 passed the House, with |
�
|
amendment, on May�27,�2009, by the following vote: Yeas�148, |
�
|
Nays�0, one present not voting. |
�
|
|
� |
� |
______________________________ |
� |
Chief Clerk of the House��� |
� |
�
|
|
� |
�
|
Approved: |
�
|
|
�
|
______________________________� |
�
|
������������Date |
�
|
|
�
|
|
�
|
______________________________� |
�
|
����������Governor |