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
available from The
State of Texas Website. The laws listed below were taken
from the official code we downloded in Aug. 1998, and may
have changed since then.
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:
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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.
-
-
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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;
-
- (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.
-
- (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
2001.
-
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Bicycles may
ride on the shoulder
|
- 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
|
- 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]
|
No Requirement
to Carry ID
|
- 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]
|
Provision for a
State Bicycle Coordinator
|
- 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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