HBA-NRS C.S.H.B. 2203 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2203 By: Gutierrez Transportation 4/12/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Continued growth of our state's population exacerbates traffic congestion and the dangers inherent to bicyclists and pedestrians when traffic flow increases in our communities. Neighborhoods and existing road systems developed for smaller populations face mounting pressures from a general increase in traffic. Alternative transportation routes often are limited or lack proper safeguards to protect a bicyclist or pedestrian. Eleven-year-old Matthew Brown died in an accident involving a motor vehicle while on his bicycle two blocks from his house in Plano, Texas. Many cycling accidents could be avoided with improved education, engineering, and enforcement. C.S.H.B. 2203 creates the Matthew Brown Act to establish the Texas parks and wildlife trails account to be used to construct multiple use trails and bicycle facilities. The bill also establishes the Safe Routes to School Program, authorizes municipalities and counties to require school children to wear a bicycle helmet, by school children, and clarifies the law with respect to electric bicycles. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Transportation in SECTION 5 (Section 201.614, Transportation Code) and to the Department of Public Safety in SECTION 2 (Section 370.004, Local Government Code), SECTION 13 (Section 551.106, Transportation Code) of this bill. ANALYSIS C.S.H.B. 2203 amends the Parks and Wildlife Code to create the Matthew Brown Act to establish the Texas parks and wildlife trails account (trails account). The bill authorizes money in the trails account to be appropriated only for projects approved by the Texas Parks and Wildlife Commission to construct multiple use trails and bicycle facilities (Sec. 11.046). The bill requires the Texas Parks and Wildlife Department to construct multiple use trails and facilities with the money in the trails account (Sec. 13.023). The bill requires a merchant who sells a bicycle or a nonmotorized mode of transportation for $50 or more to collect a fee of $5. The bill requires the merchant to remit the fee to the comptroller of public accounts (comptroller) for deposit to the credit of the trails account. The bill requires the comptroller to enforce the $5 fee under the Limited Sales, Excise, and Use Tax Act and authorizes the comptroller to retain five cents of the $5 fee to pay for the costs of administering the supplemental bicycle and pedestrian facilities fee (Sec. 11.047). The bill amends the Local Government Code to authorize the governing body of a municipality by ordinance to require a child younger than 16 years of age to wear a bicycle helmet while operating a bicycle in the municipality and to authorize the commissioners court of a county by order to require a child younger than 16 years of age to wear a bicycle helmet while operating a bicycle in the unincorporated area of the county. The bill authorizes the governing body of a municipality or the commissioners court of a county to adopt an ordinance or order requiring bicycle helmet use by a child only if the Department of Public Safety (DPS) determines that local school districts have adopted a bicycle safety education program, and the county or municipality has adopted a program that provides or works with a civic or other organization to provide children from low-income families with bicycle helmets. The bill sets forth provisions relating to a violation of such an ordinance or order. The bill requires DPS to adopt rules to implement these provisions (Sec. 370.004). The bill amends the Transportation Code to require the Texas Department of Transportation (TxDOT) to establish and administer a Safe Routes to School Program (program) to distribute federal grants under the federal Hazard Elimination Program to political subdivisions for projects to improve safety in and around school areas. The bill sets forth provisions relating to projects eligible to receive grants under the program. The bill requires and sets forth criteria TxDOT is required to consider with regard to grant proposals. The bill requires TxDOT to give priority in allocating money received by TxDOT from the federal government under the Hazard Elimination Program to grants for the program. The bill requires TxDOT to adopt rules to implement the program (Sec. 201.614). The bill provides that the owner of an electric bicycle is not required to register the electric bicycle, but a local authority is not prevented, with respect to a highway under its jurisdiction and in the reasonable exercise of the police power, from regulating the operation and requiring registration and licensing of an electric bicycle, including payment of a registration fee (Secs. 502.0075 and 542.202). The bill authorizes the Texas Transportation Commission by resolution or order, or a local authority by ordinance, to prohibit the use of an electric bicycle on certain highways or roadways (Sec. 545.065, Transportation Code). The bill sets forth that the provisions for the rules of the road relating to the operation of a bicycle also apply to an electric bicycle (Sec. 551.002). The bill prohibits DPS or a local authority from prohibiting the use of an electric bicycle on a highway that is used primarily by motor vehicles. The bill authorizes DPS or a local authority to prohibit the use of an electric bicycle on a highway used primarily by pedestrians. The bill requires DPS to establish rules for the regulation of electric bicycles (Sec. 551.106). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2203 modifies the original bill by implementing provisions authorizing municipalities and counties to require children younger than 16 years old to wear a bicycle helmet while operating bicycles in municipalities and unincorporated areas of a county (Sec. 370.004, Local Government Code). The substitute establishes the supplemental bicycle and pedestrian facilities fee (Sec. 11.047, Parks and Wildlife Code). The substitute removes the provision establishing the bicycle and pedestrian facilities account. The substitute removes modified provisions of the Tax Code in the original bill that specified the amount of deposit of funds allocated to the trails account and bicycle and pedestrian facilities account. C.S.H.B. 2203 removes the requirement that the Texas Department of Transportation allocate 10 percent of the money it receives under the Hazard Elimination Program to grants for the Safe Routes to School Program.