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.