Offical text of
Texas Bicycle Laws
-
We're not lawyers, so
nothing on this site should be construed as legal advice. If you want
real legal opinion, contact an attorney.
Everything below from the Texas Transportation Code except as
otherwise
noted. The official source material is the Texas
Statutes website. The laws listed below were taken from the
official code we downloded in Aug. 1998, and may have changed since
then. I updated some sections since then (e.g., 551.103, in June
2011).
You can look up proposed laws (bills) on the Texas
Legislature
website if you know the bill number, or by searching for a keyword
(like "bicycle").
By the way, since we don't know where else to put this, Idaho allows cyclists to run stop signs, after
slowing
down to check traffic first.
Contents below:
Traffic Laws
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Miscellaneous Laws
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-
- Sec. 541.201. Vehicles.
-
- In this subtitle:
-
- ... (2) "Bicycle" means a device that a person may ride
and that is propelled by human power and has two tandem wheels at least
one of which is more than 14 inches in diameter.
-
- The following definition of electric bicycle was
passed by the Texas legislature in 2001:
-
- (10) "Motor-driven cycle" means a motorcycle equipped
with a motor that has an engine piston displacement of 250 cubic
centimeters or less. The term does not include an electric bicycle.
(11) "Motor vehicle" means a self-propelled vehicle or a
vehicle that is propelled by electric power from overhead trolley
wires. The term does not include an electric bicycle.
(24) "Electric bicycle" means a bicycle that:
- (A) is designed to be propelled by an electric motor,
exclusively or in combination with the application of human power;
(B) cannot attain a speed of more than 20 miles per
hour without the application of human power; and
(C) does not exceed a weight of 100 pounds.
- CHAPTER 551. OPERATION OF
BICYCLES, MOPEDS, AND PLAY VEHICLES
-
Sec. 551.001. Persons Affected.
-
- This chapter applies only to a person operating a bicycle
on:
-
- (1) a highway; or
-
- (2) a path set aside for the exclusive operation of
bicycles.
- [note that "highway" is defined elsewhere to mean
any public street]
-
[back to list of
TX laws] Acts 1995, 74th Leg., ch. 165, Sec. 1, eff.
Sept. 1, 1995.
-
-
Sec. 551.002. Moped Included.
-
- A provision of this subtitle applicable to a bicycle also
applies to a moped, other than a provision that by its nature cannot
apply to a moped.
-
-
Acts 1995, 74th
Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
-
-
Sec. 551.101. Rights and
Duties.
-
- (a) A person operating a bicycle has the rights and duties
applicable to a driver operating a vehicle under this subtitle, unless:
-
- (1) a provision of this chapter alters a right or duty; or
-
- (2) a right or duty applicable to a driver operating a
vehicle cannot by its nature apply to a person operating a bicycle.
-
- (b) A parent of a child or a guardian of a ward may not
knowingly permit the child or ward to violate this subtitle.
-
-
[back to list of TX laws] Acts
1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
-
-
Required safety
equipment
|
- Sec. 551.104. Safety Equipment.
-
- (a) A person may not operate a bicycle unless the bicycle
is equipped with a brake capable of making a braked wheel skid on dry,
level, clean pavement.
-
- (b) A person may not operate a bicycle at nighttime unless
the bicycle is equipped with:
-
- (1) a lamp on the front of the bicycle that emits
a white light visible from a distance of at least 500 feet in front of
the bicycle; and
(2) on the rear of the bicycle:
- (A) a red reflector that is:
- (i) of a type approved by the department; and
(ii) visible when directly in front of lawful upper
beams of motor vehicle headlamps from all distances from 50 to 300 feet
to the rear of the bicycle; or
(B) a lamp that emits a red light visible from a
distance of 500 feet to the rear of the bicycle.
-
-
[back to list of
TX laws] Acts 1995, 74th Leg., ch. 165, Sec. 1, eff.
Sept. 1, 1995; amended 2001.
-
-
-
Bicycles excluded from
automobile equipment requirements
|
- CHAPTER 547. VEHICLE EQUIPMENT
SUBCHAPTER A. GENERAL PROVISIONS
-
- Sec. 547.002. Applicability.
-
- Unless a provision is specifically made applicable, this
chapter and the rules of the department adopted under this chapter do
not apply to:
-
- (1) an implement of husbandry;
- (2) road machinery;
- (3) a road roller;
- (4) a farm tractor;
- (5) a bicycle, a bicyclist, or bicycle equipment; ...
-
[back to list of
TX laws]
-
"Highway" means "any
street"
|
- Sec. 541.302. Traffic Areas.
-
- (5) "Highway or street" means the width between the
boundary lines of a publicly maintained way any part of which is open
to the public for vehicular travel.
-
- (6) "Improved shoulder" means a paved shoulder.
-
-
[back to list of
TX laws]
-
- CHAPTER 551. OPERATION OF
BICYCLES, MOPEDS, AND PLAY VEHICLES
-
-
Sec. 551.102. General
Operation.
-
- (a) A person operating a bicycle shall ride only on or
astride a permanent and regular seat attached to the bicycle.
-
- (b) A person may not use a bicycle to carry more persons
than the bicycle is designed or equipped to carry.
-
- (c) A person operating a bicycle may not use the bicycle to
carry an object that prevents the person from operating the bicycle
with at least one hand on the handlebars of the bicycle.
-
- (d) A person operating a bicycle, coaster, sled, or toy
vehicle or using roller skates may not attach either the person or the
bicycle, coaster, sled, toy vehicle, or roller skates to a streetcar or
vehicle on a roadway.
-
-
Acts 1995, 74th Leg., ch. 165, Sec. 1,
eff. Sept. 1, 1995.
-
-
Sec. 551.103. Operation on
Roadway.
-
- (a) Except as provided by Subsection (b), a person
operating a bicycle on a roadway who is moving slower than the other
traffic on the roadway shall ride as near as practicable to the right
curb or edge of the roadway, unless:
-
- (1) the person is passing another vehicle moving in the
same direction; [or]
-
- (2) the person is preparing to turn left at an
intersection or onto a private road or driveway; [or]
-
- (3) a condition on or of the roadway, including a fixed
or moving object, parked or moving vehicle, pedestrian, animal, or
surface hazard prevents the person from safely riding next to the right
curb or edge of the roadway; or
-
- (4) the person is operating a bicycle in an outside lane
that is:
- (A) less than 14 feet in width and does not have a
designated bicycle lane adjacent to that lane; or
(B) too narrow for a bicycle and a motor vehicle to
safely travel side by side.
- (b) A person operating a bicycle on a one-way roadway with
two or more marked traffic lanes may ride as near as practicable to the
left curb or edge of the roadway.
-
- (c) Persons operating bicycles on a roadway may ride two
abreast. Persons riding two abreast on a laned roadway shall ride in a
single lane. Persons riding two abreast may not impede the normal and
reasonable flow of traffic on the roadway. Persons may not ride more
than two abreast unless they are riding on a part of a roadway set
aside for the exclusive operation of bicycles.
-
-
[back to list of TX laws] Acts
1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by
Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001.
-
-
Don't have to put foot down at Stop sign
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-
Sec. 544.010. STOP SIGNS AND YIELD SIGNS.
- (a) Unless directed to proceed
by a police officer or traffic-control signal, the operator of a
vehicle or streetcar approaching an intersection with a stop sign shall
stop as provided by Subsection (c).
- (b) If safety requires, the operator of a vehicle approaching a yield sign shall stop as provided by Subsection (c).
- (c) An operator required to
stop by this section shall stop before entering the crosswalk on the
near side of the intersection. In the absence of a crosswalk, the
operator shall stop at a clearly marked stop line. In the absence
of a stop line, the operator shall stop at the place nearest the
intersecting roadway where the operator has a view of approaching
traffic on the intersecting roadway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
- Note: Since the law says nothing about a cyclist having to put
their foot down, that means there is no requirement. The law
doesn't tell you what you what's okay, it tells you what's not okay. Since there's no mention of any foot-down requirement, then there's no foot-down requirement.
-
-
Bicycles may ride on
the shoulder
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- Sec. 545.058. Driving on Improved
Shoulder. [i.e., a paved shoulder outside the traffic lane]
-
- (a) An operator may drive on an
improved shoulder to the right of the main traveled portion of a
roadway if that operation is necessary and may be done safely, but only:
-
- (1) to stop, stand, or park;
- (2) to accelerate before entering
the main traveled lane of traffic;
- (3) to decelerate before making a
right turn;
- (4) to pass another vehicle that is
slowing or stopped on the main traveled portion of the highway,
disabled, or preparing to make a left turn;
- (5) to allow another vehicle
traveling faster to pass;
- (6) as permitted or required by an
official traffic-control device; or
- (7) to avoid a collision.
-
- (b) An operator may drive on an
improved shoulder to the left of the main traveled portion of a divided
or limited-access or controlled-access highway if that operation may be
done safely, but only:
-
- (1) to slow or stop when the
vehicle is disabled and traffic or other circumstances prohibit the
safe movement of the vehicle to the shoulder to the right of the main
traveled portion of the roadway;
- (2) as permitted or required by an
official traffic-control device; or
- (3) to avoid a collision.
-
- (c) A limitation in this section on driving on an
improved shoulder does not apply to:
-
- (1) an authorized emergency vehicle
responding to a call;
- (2) a police patrol; or
- (3) a bicycle.
-
-
[back to list of
TX laws]
-
- Sec. 545.107. Method of Giving
Hand and Arm Signals.
-
- An operator who is permitted to give a hand and arm signal
shall give the signal from the left side of the vehicle as follows:
-
- (1) to make a left turn signal, extend hand and arm
horizontally;
-
- (2) to make a right turn signal, extend hand and arm
upward, except that a bicycle operator may signal from the right side
of the vehicle with the hand and arm extended horizontally; and
-
- (3) to stop or decrease speed, extend hand and arm downward.
-
[back to list of
TX laws]
-
- Texas Penal Code, Sec. 42.03.
Obstructing Highway or Other Passageway
-
- (a) A person commits an offense if, without legal privilege
or authority, he intentionally, knowingly, or recklessly:
- (1) obstructs a highway, street, sidewalk, railway,
waterway, elevator, aisle, hallway, entrance, or exit to which the
public or a substantial group of the public has access, or any other
place used for the passage of persons, vehicles, or conveyances,
regardless of the means of creating the obstruction and whether the
obstruction arises from his acts alone or from his acts and the acts of
others; or
(2) disobeys a reasonable request or order to move issued
by a person the actor knows to be or is informed is a peace officer, a
fireman, or a person with authority to control the use of the premises:
- (A) to prevent obstruction of a highway or any of those
areas mentioned in Subdivision (1); or
(B) to maintain public safety by dispersing those
gathered in dangerous proximity to a fire, riot, or other hazard.
- (b) For purposes of this section, "obstruct" means to
render impassable or to render passage unreasonably inconvenient or
hazardous.
- (c) An offense under this section is a Class B misdemeanor.
[maximum fine is $2,000, or 180 days in jail, or both]
[Note: In 10/97, Dobie Mall tried to
tell customers that they couldn't lock their bikes to street signs
because they would be violating Sec. 42.03 which requires sidewalks not
be obstructed. However, merely locking the bikes to street signs
doesn't obstruct the sidewalk, and it's doubtful that a cyclist would
actually be convicted for this, if the ticket were defended
competently.]
-
[back to list of
TX laws]
-
Bikes can park on the
sidewalk, cars can't
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- Sec. 545.302. Stopping, Standing,
or Parking Prohibited in Certain Places.
-
- (a) An operator may not stop,
stand, or park a vehicle:
- (1) on the roadway side of a
vehicle stopped or parked at the edge or curb of a street;
- (2) on a sidewalk; [this is
intended to apply to cars]
- (3) in an intersection;
- (4) on a crosswalk;
- (5) between a safety zone and the
adjacent curb or within 30 feet of a place on the curb immediately
opposite the ends of a safety zone, unless the governing body of a
municipality designates a different length by signs or markings;
- (6) alongside or opposite a street
excavation or obstruction if stopping, standing, or parking the vehicle
would obstruct traffic;
- (7) on a bridge or other elevated
structure on a highway or in a highway tunnel;
- (8) on a railroad track; or
- (9) where an official sign
prohibits stopping.
-
- (b) An operator may not, except
momentarily to pick up or discharge a passenger, stand or park an
occupied or unoccupied vehicle:
- (1) in front of a public or private
driveway;
- (2) within 15 feet of a fire
hydrant;
- (3) within 20 feet of a crosswalk
at an intersection;
- (4) within 30 feet on the approach
to a flashing signal, stop sign, yield sign, or traffic-control signal
located at the side of a roadway;
- (5) within 20 feet of the driveway
entrance to a fire station and on the side of a street opposite the
entrance to a fire station within 75 feet of the entrance, if the
entrance is properly marked with a sign; or
- (6) where an official sign
prohibits standing.
-
- (c) An operator may not, except
temporarily to load or unload merchandise or passengers, park an
occupied or unoccupied vehicle:
- (1) within 50 feet of the nearest
rail of a railroad crossing; or
- (2) where an official sign
prohibits parking.
-
- (d) A person may stop, stand, or park a bicycle on a
sidewalk if the bicycle does not impede the normal and reasonable
movement of pedestrian or other traffic on the sidewalk.
-
- (Also see 42.03, Blocking
Traffic, above. And here's the Austin version of the sidewalk
parking law.)
-
-
[back to list of
TX laws]
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No Requirement to
Carry ID
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- TX Penal Code: Sec. 38.02. Failure
to Identify.
-
- (a) A person commits an offense if he intentionally refuses
to give his name, residence address, or date of birth to a peace
officer who has lawfully arrested the person and requested the
information.
-
- (b) A person commits an offense if he intentionally gives a
false or fictitious name, residence address, or date of birth to a
peace officer who has:
-
- (1) lawfully arrested the person;
-
- (2) lawfully detained the person; or
-
- (3) requested the information from a person that the peace
officer has good cause to believe is a witness to a criminal offense.
-
- (c) Except as provided by Subsection (d), an offense under
this section is a Class C misdemeanor.
-
- (d) If it is shown on the trial of an offense under this
section that the defendant was a fugitive from justice at the time of
the offense, the offense is a Class B misdemeanor.
-
-
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec.
1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 869, Sec. 1,
eff. Sept. 1, 1987. Acts 1991, 72nd Leg., ch. 821, Sec. 1, eff. Sept.
1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Ed. Note: Here's what this law means in plain English.
(1) You don't have to carry a driver's license or other ID,
if you're not driving.
(2) If you've been arrested you have to give your name,
address, and date of birth to a police officer who requests it.
(They'll police ask you for lots more than this, but these three items
are all you're legally required to give them.)
(3) If you've just been detained, not arrested, you don't have
to give thm squat. But refusing to identify might cause them to arrest
you anyway and take you downtown so they can determine who you really
are. If this happens, you still won't be charged with failing to carry
ID, because there is no such crime.
(4) It's a crime to give false information about your identity,
whether you've been arrested or just detained..
-
-
[back
to list of TX laws]
-
- Sec. 551.105. Competitive Racing.
-
- (a) In this section, "bicycle" means a nonmotorized vehicle
propelled by human power.
-
- (b) A sponsoring organization may hold a competitive
bicycle race on a public road only with the approval of the appropriate
local law enforcement agencies.
-
- (c) The local law enforcement agencies and the sponsoring
organization may agree on safety regulations governing the movement of
bicycles during a competitive race or during training for a competitive
race, including the permission for bicycle operators to ride abreast.
-
-
[back to list of
TX laws]
-
Bicycle awareness info
must be in driver's handbook
|
- Sec. 525.001. Motorcycle and
Bicycle Awareness.
-
- ... (b) The Department of Public Safety shall include
motorcycle and bicycle awareness information in any edition of the
Texas driver's handbook published after the department exhausts the
supply of the handbook that the department had on September 1, 1993.
-
[back to list of
TX laws]
-
State must compile
accident reports, including bicyclists
|
- Sec. 411.0175 of GOVERNMENT CODE:.
ACCIDENT REPORTS.
- The department shall:
(1) tabulate and analyze the vehicle accident reports it receives;
(2) annually or more frequently publish statistical information derived
from the accident reports as to the number, cause, and location of
highway accidents, including information regarding the number of
accidents involving injury to, death of, or property damage to a
bicyclist or pedestrian; and
(3) provide an abstract of the statistical information for each
preceding biennium to the governor and the legislature, with its
conclusions and findings and recommendations for decreasing highway
accidents and increasing highway safety.
-
- [Amended in 2001 to include bicyclists &
pedestrians.]
-
[back to list of
TX laws]
-
Safe Routes to School
Program
|
- Read about this on the Texas Legislature website.
-
-
[back to list of
TX laws]
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Provision for a State
Bicycle Coordinator
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- Sec. 201.902. Road Use by
Bicyclists.
-
- (a) The department shall designate:
-
- (1) a statewide bicycle coordinator; and
-
- (2) a bicycle coordinator in each regional office.
-
- (b) A bicycle coordinator shall assist the department in
developing rules and plans to enhance the use of the state highway
system by bicyclists.
-
- (c) The commission shall adopt rules relating to use of
roads in the state highway system by bicyclists, including provisions
for:
-
- (1) the specific duties of the statewide bicycle
coordinator and the regional bicycle coordinators;
-
- (2) obtaining comments from bicyclists on:
-
- (A) a highway project that might affect bicycle use;
-
- (B) the use of a highway for bicycling events; and
-
- (C) department policies affecting bicycle use of state
highways;
-
- (3) the consideration of acceptable national bicycle
design, construction, and maintenance standards on a project in an area
with significant bicycle use; and
-
- (4) any other matter the commission determines necessary
to enhance the use of the state highway system by bicyclists.
-
- (d) A rule adopted under this section may not be
inconsistent with Chapter 551.
-
-
[back to list of
TX laws]
-
- Sec. 521.401. Statement of Gift.
-
- (a) A person who wishes to be an eye, tissue, or organ
donor may execute a statement of gift.
-
- (b) The statement of gift may be shown by a card designed
to be carried by the donor to evidence the donor's intentions with
respect to organ, tissue, and eye donation. A donor card signed by the
donor shall be given effect as if executed pursuant to Section
692.003(d), Health and Safety Code.
-
- (c) Donor cards shall be provided to the department by
qualified organ or tissue procurement organizations or eye banks, as
those terms are defined in Section 692.002, Health and Safety Code. The
department shall provide a means to distribute donor cards to
interested individuals in each office authorized to issue driver's
licenses or personal identification certificates. The department and
other appropriate state agencies, in cooperation with qualified organ,
tissue, and eye bank organizations shall pursue the development of a
combined statewide database of donors.
-
- (d) Effective September 1, 1997, a statement of gift on
driver's licenses or personal identification certificates shall have no
force and effect, provided, however, that an affirmative statement of
gift on a person's driver's license or personal identification
certificate executed prior to September 1, 1997, shall be conclusive
evidence of a decedent's status as a donor and serve as consent for
organ, tissue, and eye removal.
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