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.