HEALTH AND SAFETY CODE CHAPTER 758. BICYCLE SAFETY

	
					
HEALTH AND SAFETY CODE

TITLE 9. SAFETY

SUBTITLE A. PUBLIC SAFETY

CHAPTER 758. BICYCLE SAFETY

Sec. 758.001.  DEFINITIONS.  In this chapter:
(1)  "Bicycle" means a human-powered vehicle with two wheels in tandem designed to transport by a pedaling action of a person seated on a saddle seat.
(2)  "Department" means the Department of Public Safety.
(3)  "Operator" means a person who travels by pedaling on a bicycle seated on a saddle seat.
(4)  "Other public right-of-way" means any right-of-way, other than a public roadway or public bicycle path, that is accessible by the public and designed for use by vehicular or pedestrian traffic.
(5)  "Public bicycle path" means a right-of-way under the jurisdiction and control of this state or a local political subdivision for use primarily by bicycles or by bicycles and pedestrians.
(6)  "Public roadway" means a right-of-way under the jurisdiction and control of this state or a local political subdivision for use primarily by motor vehicles.
(7)  "Tricycle" means a three-wheeled human-powered vehicle that is designed to have a seat no more than two feet from the ground and be used as a toy by a child younger than six years of age.
Added by Acts 1993, 73rd Leg., ch. 801, Sec. 1, eff. Jan. 1, 1994.  Renumbered from Health & Safety Code Sec. 757.001 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(34), eff. Sept. 1, 1995.

Sec. 758.002.  BICYCLE SAFETY EDUCATION PROGRAM.  (a)  The department may establish and administer a statewide bicycle safety education program and may adopt rules to implement the program.  The program must include instruction concerning:
(1)  the safe handling and use of bicycles;
(2)  high risk traffic situations;
(3)  bicycle and traffic handling skills;
(4)  on-bike training;
(5)  correct use of bicycle helmets;  and
(6)  traffic laws and regulations.
(b)  The department may issue a certificate or other evidence of completion to a person who has successfully completed a bicycle education course.
(c)  Subject to the establishment of a bicycle education program by the department, a person born after December 31, 1985, who resides in a metropolitan statistical area as defined by the United States Office of Management and Budget may complete a bicycle education course approved by the department before operating a bicycle on a public roadway, public bicycle path, or other public right-of-way.  The course may be completed before the person's 10th birthday.
(d)  The department may charge a fee for the course not to exceed $15.
(e)  The department may:
(1)  determine the qualifications for an instructor in the bicycle education program;
(2)  use volunteer instructors;  and
(3)  certify organizations to recruit and train instructors for the program.
(f)  In administering this section, the department may contract with an educational institution, state agency, local government, or nonprofit organization interested in bicycle education.
(g)  The department may accept gifts, grants, and donations to be used in administering this section.
Added by Acts 1993, 73rd Leg., ch. 801, Sec. 1, eff. Jan. 1, 1994.  Renumbered from Health & Safety Code Sec. 757.002 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(34), eff. Sept. 1, 1995.

Sec. 758.003.  FUND.  (a)  A fee collected by the department under this chapter shall be deposited in the state treasury to the credit of the bicycle safety fund.  The department by rule may establish a procedure to allow an educational institution, state agency, local government, or nonprofit organization interested in bicycle safety to retain an amount from the fees collected to cover actual and necessary expenses.
(b)  The fund may be used by the department only to:
(1)  defray the costs of administering this chapter;
(2)  provide a bicycle training course for a child younger than 10 years of age who comes from a low income family;  and
(3)  if funding permits, assist children from low income families in purchasing bicycle helmets.
Added by Acts 1993, 73rd Leg., ch. 801, Sec. 1, eff. Jan. 1, 1994.  Renumbered from Health & Safety Code Sec. 757.003 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(34), eff. Sept. 1, 1995.