HomeMy WebLinkAbout2005-10-10 Regular Meeting and Workshop Meeting
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MINUTES O~GULAR MEETING AND WORKS" MEETING
OF THE LA PORTE CITY COUNCIL
October 10, 2005
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:01 p.m.
Members of City Council Present: Mayor Alton Porter, Councilmembers Chuck Engelken, Tommy Moser, Mike
Clausen, Barry Beasley, Mike Mosteit, Howard Ebow and Louis Rigby.
Members of Council Absent: Peter Griffiths.
Members of City Executive Staff and City Emplovees Present: Assistant City Manager John Joerns, Assistant
City Attorney John Armstrong, City Secretary Martha Gillett, Public Works Director Steve Gillett, Assistant City
Secretary Sharon Harris, Purchasing Agent Susan Kelley, Emergency Management Coordinator Jeff Suggs, H.R.
Manager Robert Swanagan, Fire Chief Mike Boaze, Assistant City Manager Cynthia Alexander, Police Chief
Richard Reffand Director, Main Street Coordinator Debra Dye of Parks and Recreation, Stephen Barr.
Others Present: Les Bird, Jan Lawler, Sue Gail Kooken, Barbara Norwine, Bill Bauer, Wade Edwards, Chris
Coleman, Justin Lavender, Tyler Goodwin, Martin Cantu, Krissy Bailey, Michael Evans, Victor Homes and other
citizens and students.
2. Reverend Michael Bingham of Abundant Life Church of La Porte delivered the Invocation.
Reverend Bingham was not present at the meeting. Mayor Porter delivered the Invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENTATIONS / PROCLAMA nON
Mayor Porter presented a proclamation in honor of Albemarle as The 2005 Industry of the Year.
Bill Parker of Albemarle was present to receive the Proclamation.
5. CONSENT AGENDA
A. Consider approving Minutes of the Special Called Meeting and Workshop Meeting held on
October 3,2005.
B. Council to consider approval or other action regarding an ordinance authorizing the City
Manager to execute a contract with Linda Darnell Witt for operation of the Sylvan Beach Fishing
Pier Concession for a one year term with options for three additional on year terms.
C. Council to consider awarding a bid for purchase of trash truck and dump body with brush loader,
per HGAC Interlocal Agreement.
Councilmember Rigby noted he had questions on items B & C.
Motion was made by Councilmember Rigby to approve the consent agenda as presented. Second by
Councilmember Moser.
Motion carried.
Ayes: Mosteit, Engelken, Clausen, Moser, Beasley, Rigby and Mayor Porter.
City Council Regular Meeting and wo.oP Meeting - October 10, 2005
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Nays: None
Abstain: Ebow abstained from voting on the minutes
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING
TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA
There were no citizens wishing to address Council.
7. Council to consider approval or other action regarding an ordinance approving renewal of an Agreement
with The Alliance to provide economic development services.
Assistant City Manager John Joerns presented summary and recommendation and answered Council's
questions.
Jan Lawler, Executive Director of Economic Alliance Port of Houston Region provided Council with an
update on Project Stars, interactions with TXDot and upcoming Coffee Symposium.
Assistant City Attorney Clark Askins read ORDINANCE 2850- AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE ECONOMIC
ALLIANCE HOUSTON PORT REGION, ("CONTRACTOR"), A TEXAS NON-PROFIT
CORPORATION; FOR ECONOMIC DEVELOPMENT SERVICES; APPROPRIATING NOT TO
EXCEED $20,000 TO FUND SAID CONTRACT; MAKING V ARlOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Engelken to approve Ordinance 2850 as presented by Mr. Joerns.
Second by Council member Ebow. The motion carried unanimously.
Ayes: Mosteit, Engelken, Ebow, Clausen, Moser, Beasley, Rigby and Mayor Porter.
Nays: None
Abstain: None
8. Council to consider approval or other action regarding an ordinance confirming appointment ofLes Bird
to the Civil Service Commission with a term expiring on August 31, 2008.
Assistant City Manager John Joerns presented summary and recommendation and answered Council's
questions.
~h n Hr h1SIYlJ Ii "
Assistant City Attorney rk .^.!lkins read ofdinance 2811-A- AN ORDINANCE APPOINTING
MEMBERS OF THE CIVIL SERVICE COMMISSION, PROVIDING A SEVERABILITY CLAUSE;
CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Rigby to aoprove Ordinance 2811-A as presented by staff.
Second by Council member Engelken. The motion carried unanimously.
Ayes: Mosteit, Engelken, Ebow, Clausen, Moser, Beasley, Rigby and Mayor Porter.
Nays: None
Abstain: None
City Council Regular Meeting and wo.oP Meeting - October 10, 2005
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9. Council to consider approval or other action regarding an ordinance appointing positions to fill the
remaining vacancies and reappointments on Boards and Commissions.
Mayor Alton Porter presented summary and recommendations and requested Council input on filling
vacancies and reappointment of board positions.
The following people were recommended for reappointment or placement on a board.
Airport Advisory Board - no changes
La Porte Reinvestment Zone Number One
Peggy Antone - Position 1 - Reappointment - 2007
Alton Porter - Position 3 - Reappointment - 2007
Doug Martin - Position 5 - Reappointment - 2007
Chapter 172
Robert Swanagan - H.R. Staff Representative
Fiscal Affairs Committee - no changes
Fire Code Review Committee
Tim Bird - District 1 - Reappointment - 2008
Jeff Brown - District 2 - New Appointment - 2006
Lester Clark - District 6 - Reappointment - 2008
Paul Vige - At Large B - New Appointment - 2008
La Porte Area Water Authority
Rob Roy - Position 1 - Reappointment - 2007 .
Dennis H. Steger - Position 2 - Reappointment - 2007
Steve Valerius - Position 3 - Reappointment - 2007
La Porte Development Corporation
Chuck Engelken - Reappointment - 2007
Tommy Moser - Reappointment - 2007
Ed Matuszak - Reappointment - 2007
Deborah Johnson - Reappointment - 2007
La Porte Health Authority
Abdul R. Moosa - Health Authority - 2008
Robert D. Johnston, M.D. -Alternate Health Authority - 2008
La Porte Redevelopment Authority
Peggy Antone - Position 1 - Reappointment 2007
City Council Regular Meeting and wo.oP Meeting - October 10, 2005
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Alton Porter - Position 3 - Reappointment - 2007
Doug Martin - Position 5 - Reappointment - 2007
Main Street Committee - no changes
Main Street Advisory Board
Deborah Johnson - Position 1 - Reappointment - 2008
Vicki Campise - Position 2 - Reappointment - 2008
April Crone - Position 3 - Reappointment - 2008
Bill Manning - assignment to position 4
Jerry Carpenter - assignment to position 5
Gerald Metcalf - assignment to position 6
Paul Pierre- assignment to position 7
Michaelyn Dunaway - assignment to position 8
Claire Zaborowski - assignment to position 9
Jan Lawler- assignment to position 10
Lawrence McNeal - assignment to position 11
La Porte Planning and Zoning Commission
Doretta Finch - District 1 - reappointment - 2008
Claude Meharg - District 6 - reappointment - 2008
Les Bird - Alternate 2 - reappointment - 2008
Zoning Board of Adjustment
Sidney Grant - Position 1 - reappointment - 2007
Bob Capen - Position 2 - reappointment - 2007
Rod Rothermel - Position 3 - reappointment - 2007
Charles Schoppe - Position 4 - reappointment - 2007
George W. Malsberger - Position 5 - reappointment - 2007
Building Codes Appeals Board
Paul Larson - new appointment - 2007
Fire Fighter's Pension Board
John Joerns - City Council Representative - reappointment - 2007
)fohn fH((lS1fMJ
Assistant City Attorney lark f~~kins reatfORDINANCE 2847- AN ORDINANCE APPOINTING
MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF
LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made bv Council member Engelken to approve Ordinance 2782-H as presented. Second by
Council member Beasley. The motion carried unanimously.
City Council Regular Meeting and WO.OP Meeting - October 10,2005
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Ayes: Mosteit, Engelken, Ebow, Clausen, Moser, Beasley, Rigby and Mayor Porter.
Nays: None
Abstain: None
10. Council to consider approval or other action regarding a resolution declaring a public interest in
acquiring property as described.
Parks Director Stephen Barr presented summary and recommendation and answered Council's
questions.
0DAn~HS
Assistant City Attorney Clark A(:lk~l1;) rt;&i RESOLUTION 2005-18- A RESOLUTION AUTHORIZING
THE ACQUISITION OF TRACTS OF LAND FOR PUBLIC PARK LAND PURPOSES IN THE
CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Ebow to aoprove Resolution 2005-18 as oresented bv Mr. Barr.
Second by Council member Mosteit.
Ayes: Mosteit, Engelken, Ebow, Clausen, Beasley and Mayor Porter.
Nays: Moser and Rigby
Abstain: None
11. Close Regular Meeting and Open Workshop at 6:46 p.m.
A. Jeff Suggs discussed community warning systems and shelter in place.
B. Steve Gillett discussed police facility project status.
12. Close Workshop Meeting and reconvened Regular Meeting at 7:33 p.m.
13. Administrative Reports
aS~i~'Manager~~:ji~ provided reminded Council of the Salute to Industry (Albemarle) Golf
Tournament, October 12,2005, at Bay Forest Golf Course and Salute to Industry (Albemarle) Banquet,
October 13, 2005 at Sylvan Beach Pavilion at 6:30 p.m.
14. Council Comments
Ebow, Engelken, Mosteit, Clausen, Rigby, Moser and Porter had comments.
15. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE
(CONSULTATION WITH ATTORNEY, DELmERATION REGARDING REAL PROPERTY,
DELmERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MATTERS, DELmERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION,
DELmERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS)
551.071- CONTEMPLATED OR PENDING LITIGATION - Discuss Eagle Construction Lawsuit
with City Manager and City Attorney.
City Council Regular Meeting and WO.OP Meeting - October 10, 2005
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Council retired to Executive Session at 7:40 p.m.
Council adjourned Executive Session at 7:50 p.m. There was no action taken in Executive Session.
Council returned to the table at 7:51 p.m.
There being no further business to come before Council, the Regular Meeting was duly adjourned at
7:52 p.m.
Respectfully submitted,
111ft1J~c
City Secretary
Passed and approved the 24th day of October, 2005.
~~~~
Mayor Alton E. Porter
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Stephen L. Barr
Appropriation
Agenda Date Requested: October 14 10
Requested By:
Motor Pool Fund
Department:
Parks &: Rec:reatiu
Acc't Number:
009-8081-551-8050
Report: -X-Resolution: _Ordinance: _
Amount Budgeted:
SllZ,079.00
Exhibits:
HGAC Contract Worksheet
Amount Requested:
$88,068.00
Exhibits:
Bud eted Item:
YES X
NO
Exhibits:
SUMMARY & RECOMMENDATION
The Parks & Recreation Senior Bus 82-07 has reached the end of its useful life and is scheduled for
replacement HGAC has entered into a contract with Texas Bus Sales to provide this type of bus purchase at
very competitive pricing levels. Harris County Precinct 2 has purchased several of the proposed Type ill HD -
Aero Elite 290 transit buses that we are interested in, and report good operations and maintenance performance.
This bus will represent an improvement in the comfort level and usability of this vehicle in transporting seniors
to their various activities and field trips throughout the state. The Motor Pool has budgeted $112,079 for
replacement of this unit in the FY 05-06 budget
Staffreconnnends acceptance of the HGAC bid from Texas Bus Sales, Inc. in the amount of $88,068
for a Type ill HD - Aero Elite 290 Transit Bus for the Senior Services Division, per the HGAC term contract
and bid documents attached.
Action Reauired bv Council:
Consider award of HGAC bid to Texas Bus Sales, Inc. to provide a Type ill lID - Aero Elite 290 Transit Bus
for the Senior Services Division per the attached HGAC bid documents.
ADDroved for City Council Aeenda
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CITY OF LA PORTE
August 25, 2005
To: Susan Kelley, Purchasing
From: Lee Allen, Equipment Services Superintendent
Subject: Purchase of Replacement Bus for Special Services
Special Services has identified the Type III HD - Aero Elite 290 transit bus as the
preferred replacement for unit 82-07. This unit is available under the HGAC
contract number TB 11-03 through Texas Bus Sales. All parties involved have
researched the replacement and feel this unit meets the needs of Special Services.
Harris County Precinct 2 has several of these units in operation and is satisfied
with the operation and maintenance. Attached is the contract work sheet from
Texas Bus Sales along with options requested by Special Services. The cost of the
unit is $88,068.00 including the HGAC fee calculation. $112,079.00 is budgeted in
fiscal year 05_06 for replacement of this unit. Attachments include HGAC contract
work sheet, original memo from Stephen Barr, unit specifications, and approval to
proceed with purchase.
. w__ __ ____ U'_' . .._...~r2,n:.':,.?~~2..!E~Z- . !'JI~p_._.oate: 7/311200512:43:52 PM
. .. --- .. ----
rns Bus Sales
1605 W. 34th Street
Houston. 'TX. 77018
+f1C
CONTRACT WORK SHEET
(Tho Following Details MIJST be provided with any purchase order submitted with H-GAC By End U~
END USER: City of La Porte DATE PREPARED: 7/27/2005
PREPARED BY: DarTYl R'ckaway CONTRACT NO: TB11..o3
PHONE NUMBER 713-681-3600 PROOUCT CODE: DAY
DESCRIPTION Type IIIHD INTERNATIONAL 3200 CHASSIS
~... '.;' ~ ';....w.$ii.~ '~ii; <~:' ~:" 'oi Hi> ;A.",~11te aii ." . ..., 'y: ;":: '-;w:::
SUBTOTAL A: $81 234.00
.._. .. _.. .... I ....... I' .... ", -. 0". 0_'" . ..... . ...
ii .'..,:. .: : PP.ti[O*~: FL~t;F{P1:;AN' ...' :..:' "
... .. ... . . ..... I .. .. ........ .........
. ',' . .~:. '). ::'.' .:>.:;.'~ . :
SUBTOTAL B:
10. ...... ...... I '..II..... .,.. 0.1.. ...
b . :,::~::':, :. ..\:~riOt:J~.::.tbijwMs.N1':".: '
., ., I '"........ l'~".~ .
. .... .:.-..... ",:.,:".~:I': ~:.I'\:'':-t'~'''..'''_"'
SUBTOTAL C:
$2.455.00
. . ..... M..... ....., I .. ..... ...... .. I ..... ...' M"
i(::.': ':''':'.~': MAi.t.I;tF.Atrl:UAE~s,~U~'SHe.o. 'QPtI'~NS ~
. . ," ..... :. . ..;........:. ..I~... .'--,.'" " I I
'1 ,: I~'; .:':: :
SUBTOTAL 0:
$6 904,00
~:~.:. ....... ':~':;~A~~A~~~It~~'Ln~~UBl.ISMED QPT( '. S'
..' ". ": O"~'.' ,'. ........'., ~'..'; ". '
.'. ... . ,. .';:,:: ".t, .,'.
Check: The total cost of Unpublished Optlns as a percentage of the SUBTOTAL E:
Published Options cannot exceed 25%. For this transaction, the percen ge IS
Note: Un ubllshed 0 tions cannot be used to chan e to another contact model
:,..:~'"o~11':'.''' ":~,,.':1-"~" ..:~...." . ..... .~. ... .... ....
'. ':: .:.,'. '.' 'iJNlT' .: Sl"'OF.:lnsN.l~J!EFP~Et ADJ\J$TME.NT.8 'A+.B+Ctl)+.E .
UNIT COST:
QUANTITY:
SUBTOTAL F:
.0: ' . .'. ".': .... :.,: .~.:." :,' :','.:' ..~":I" :"
... .
$86,683.00
,
$86.683.00
.. '.?:'.:>.::' i:';hi~:~~iid~~~~i.AtidN'(' rcirri:c~~~f'F,ea'':abt~s'.'':: ....,. .:.. ....: '\':'::':~:>'..::'::. :\\;.>:Y:i: '. :.'
ft.' ,
SUBTOTAL G:
$600,00
. - ......
. . .. .
. :.'. I .... I.::':.. '.,"
$785.00
. ..' :. :' . >/. ~ ..;' .:.: .:.).\,:0:,.:.::.< .:.;-:..
r '. -," > .' ...
D.. it..'*'fe.... ,": :.: ',: : : '..; >~ . ,:. :. : : '.
,.,.I"':r' .... ..' . . ' ',' ... . :...
. .
TOTAL COST: $8B,068.00
~~ luRE! ,,,,u,,,oflz.d $Ignak.,;,j' .' .' .' ,.": '." '1
- -' ". . -~
J
HGAC-CITYOFLAPORTE..Xls
This fax was received by GFI FAXmaker fax server at the City of La Porte.
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.a~od Bllo ~!:) a4~ ~e JaNes XBI J9>jBWXV::lI::lE> ^q pa^!9:)9J SeM X'el S!41
Our Aero Elite is not your typical cutaway.
In fact, it's a cut above.
. Numher one 5clling vehicle in the medium dUlY cutaway class.
. Exclusive steel reioJon:eu composite coostroctifJO h.as exceptional impact resistallce and is
fi-ee of nJst and corrosinT1
. Cllstom designed floorplans av;lilllble to meet the most sp~dfic application
,..Tr1.. T 'WVTI7Ti'vT~ SOOZl9/Z :9~ea ...,n....s~r:a6'ed
,....,-,u'" ,..."",,n ,-.uv.., I _I I'''''' I ..."..... T T ,....,.,.n..., t"V'7II n"" ·
Z;86~Z;e9t~L :WOJ::I
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
10/24/05
Budl!et
Requested By: .11'" S.lggll
Department: Ii........" Ma..a.....f'
Report: Resolution: Ordinance:
Source of Funds: CIP
Account Number: 01598927991100
Amount Budgeted: 16,!;OO
Exhibits:
A WTI - Quote
Amount Requested: 36,1S9
Exhibits:
Whelen Sole Source Letter
Budgeted Item: YES X NO
Exhibits
SUMMARY & RECOMMENDATION
This project is an ongoing item to replace one original siren each year. The new upgrades are
omni-directional and therefore do not have to rotate for everyone in their range to hear. One of
the most frequent items to repair to the original units is the rotator unit. The Company has
discontinued parts for this unit, as it is no longer sold. This years Whelen tower replacement will
be another Omni directional tower that will better notify residents. This tower will replace a much
older rotating tower that has proved to be maintenance intensive over the past year. With this
addition there will be only four more rotating towers in our city that will need to be changed out.
Action Required bv Council:
Approve purchase of Whelen tower replacement.
;lr~
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ALLIANCE WIRELESS TECHNOLOGIES, INC.
r\V V I
Date:
10/6/2005
Quote:
e
20051006-City of LaPorte
Quoted by: Marty Yudell
To: Jeff Suggs
Company: City of LaPorte
Fire Administration
124 South 2nd Street
La Porte, TX 77571
Re:
Whelen Siren Addition
Quote is valid for 30 days
'.gty .__._.__~~:~.~-__~.-.-- De~~~litl~----..----------.-----:_=_~-Unit .~ric~___ ....____. _Total __u U" ..
1
4
1
1
1
1
1
1
Whelen WPS-2909 Omni-Directional Siren
Interstate 31 MHO 12vdc Batteries
INTRU, Intrusion Alarm
Bytel CP200 Radio Modem
Polyphaser
Field Antenna
Lift Truck, Bucket Truck, Conduit
Lot Misc Hardware
$ 22,084.00
$ 160.00
$ 150.00
$ 1,650.00
$ 95.00
$ 140.00
$ 7,800.00
$ 350.00
Materials
Supervision, Final Hookup
Estimated Freight
I Total System
$ 22,084.00
$ 640.00
$ 150.00
$ 1,650.00
$ 95.00
$ 140.00
$ 7,800.00
$ 350.00
$ 32,909.00
$ 1,800.00
$ 1,650.00
$ 36,359.00 I
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Scope of Work:
1) AWTI will provide and ins~1I the equipm~nt listed on the quote.
2) AWTI will demo the existing WPS-3000r~tating siren. .
3) AWTI will program the E2010 Encoder at the PO in LaPorte and test new siren.
AWlI Terms:
1) The price quote is valid for 30 days.
2) Equipment software and services are Net 30 Upon Completion of the project.
3) There is a 25% restocking fee for any product returned.
If you have any questions or require more information, please call me.
Regards,
Marty Yudell
AWTI
6001 Stonington, Suite 170. Houston, Texas 77040 . 713.690.4100 Fax: 713.690.5800
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AWTI Dealership in Houston Area.txt
From: MAX A. WRIGHT [maxawright@yahoo.com]
Sent: Thursda~, october 13, 2005 10:53 AM
To: Suggs, Jeff
Cc: Max wright; Marty yudell
Subject: AWTI Dealership in Houston Area
october 11, 2005
Mr. Jeff suggs
LaPorte Emergency Management
Laporte, TX
Dear Jeff,
This is to inform you that Alliance wireless Technologies Inc. is the sole whelen
Engineering Co., Inc. distributor of outdoor/industrial warning systems for the
Houston, Gulf Coast area.
We appreciate the opportunity to serve the City of LaPorte with our products through
our local
distributor AWTI and Marty yudell. Thanks for being
a great, long time customer to whelen.
Should you have further questions don't hesitate to
call any time.
Max A. wright
Regional Manager
whelen Engineering Co. ,Inc.
Manufacturer's of Industrial and Outdoor warning Systems
Max A. wright
This email is for the single use for those who have received this from me and is
priviledged. If you receive this email in error and it's not to you, delete
immediately and do not forward or copy. This email may contain proprietary
confidential business information which under Federal Law may not be used by anyone
in which this may be forwarded to in error or by a virus program. The contents of
this email unless specifically represented for business do not represent the views,
opinions or expressions of the corporation.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 24. 2005
Requested By: Cynthia Alpyandpr cA
Appropriation
Source of Funds:
Various
Department: FiAaA~e
Account Number: Various
Report: X Resolution:
Ordinance:
Amount Budgeted: VF.S
Exhibits:
Encumbrance Rollover Report
Amount Requested:
Exhibits:
Budgeted Item: YES~ NO
Exhibits:
SUMMARY & RECOMMENDATION
The City's fiscal year ended September 30, 2005. At that time, there were 31 outstanding purchase orders,
encumbrances and budget roll-over requests. The purchase orders represent goods that were ordered and budgeted
funds that were committed to procure items necessary to operate the City. We need to re-establish these items for the
new fiscal year. This action will have no effect on the working capital of the various funds.
A breakdown of the open purchase orders, encumbrances and budget roll-over requests by operating fund are as
follows:
Fund
General Fund
Utility Fund
Utility CIP Fund
Sylvan Beach Fund
Vehicle Replacement Fund
CIP Fund
Technology Fund
Golf Course Fund
Grant Fund
HoteVMotel Fund
Total
Number
15
3
1
2
3
1
3
1
I
---1
31
Amount
$ 137,842.25
42,578.00
17,950.00
8,198.00
794,595.56
2,525.18
14,276.16
1,095.00
50,600.00
4.013.00
1,073,673.15
The above amendments will not have an impact on the projected working capital balances for fiscal year 2006 because
they were budgeted in the fiscal year 2005.
Action Required bv Council:
We are requesting that City Council instruct the Assistant City Manager to amend the various operating budgets for
outstanding purchase orders. This is a routine annual transaction to validate open purchase orders.
Approved for City Council Aeenda
Jp/,lor
Date ( ,
009
009
009
C05598 Sutphen Corporation 009-5059-522-80-50
C05563 Houston Freightliner, 009-7071-531-80-50
C05564 Monument Chevrolet 009-7072-531-80-50
Total Vehicle Replacement Fund
nc
636,924.56 Fire truck
64,671.00 Twelve yard dump truck
93,000.00 Garbage truc~~tJi1n8~k~ Rollover FY 2005.xls
794.595.56
008
008
050377
050384
Delane's Ad Specialties 008-8083-551-20-03
Hardin Sound, Light & Video 008-8083-551-20-90
Total Sylvan Beach Fund
8
8
77.00 Shirts
121.00 Audio visual equipment
198.00
R.L. Utilities, Inc 003-9890-725-51-10
Total Utility CIP Fund
17,950.008 Inch waterline
17,950.00
003
002
~
050395
050300
05089
Total
Hahn Equipment
PBS & J
Co.
002-6147-515-50-05
002-7087-532-20-90
002-7087-532-60-13
Utility Fund
30,000.00 Personnel Services
4,828.00 Pumps
7,750.00 Services for storm water permit
42.578.00
001
001
r---
i
'-~~nd
001
001
001
001
001
001
001
~.
001
001
001
001
050397
050251
C05631
050364
050373
050380
050377
"
"
"
050322
Total
Electronics Unlimited
Bowling Bicycle Inc
Perry Scales Co.
Complete Electrical Services
L & M Contractors
Valero Marketing & Supply
Delane's Ad Specialties
Delane's Ad Specialties
Delane's Ad Specialties
Delane's Ad Specialties
Shade & Solar Solutions
P.o.
Number Vendor Name
.- ..~.- '--..--.-'-.-.. .. . ---.- . -----.----------
050281 Casco Industries
050375 Municipal Emergency Services
050368 Able Communications Co.
050376 Dooley Tackaberry, Inc
050391 Able Communications Co.
CITY OF LA PORTE
ENCUMBRANCE ROLLOVER REPORT
For the Fiscal Year Ended September 30, 2005
- -- ---- ----- --------- - -- i:-nciiin-Il"rance--- n .---
Account Number Am ()unt Descriptio_r:- _____ ___
on_ R__ ..___.____._____ __ .. __ ...__ ___ _,~. _ "_.... ....
001-5051-522-20-03 18,368.00 Protective fire wear
001-5051-522-20-90 9,360.00 Fire hose & couplings
001-5051-522-20-90 2,109.50 Radios
001-5051-522-40-02 14,144.00 Fire hose & couplings
001-5051-522-40-03 5,180.75 Radios
001-5051-522-80-21 10,350.00 Command bus
001-5252-521-20-90 1,340.00 Contracted electical services
001-5253-521-20-03 1,806.00 Bike clothing
001-5253-521-80-21 43,234.00 Portable axle scale system
001-5258-521-40-11 1,350.00 Replace panel in humane office
001-6146-515-80-02 19,005.00 Additional bathroom at City Hall
001-7071-531-40-15 1,020.00 Street materials
001-8080-552-20-03 255.50 Shirts
001-8081-551-20-03 500.50 Shirts
001-8082-551-20-03 435.00 Shirts
001-8089-550-20-03 395.00 Shirts
001-8081-551-80-32 3,989.00 Sun shade at San Jacinto Pool
001-8080-552-40-18 5,000.00 Tree beautification project
General Fund 137,842.25
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015 050347 Total Recreation Products 015-9892 -889-11 00 2,525.18 Playground landing material
Total General CIP Fund 2,525.18
023 050381 SHI Government Solutions 023-6066-519-40-55 12,819.00 McAfee virus defense
023 050385 Resources Software Inter. 023-6066-519-40-55 750.00 ShadowlWinlink maintenance
023 050398 CDW-G 023-9904-580-20-93 707.16 APC replacement battery
Total Technology Fund 14,276.16
028 040277 Advanced D-Sign Services 028-6048-551-80-21 1 ,095.00 Golf signs
Total Golf Course Fund 1,095.00
032 032-5252-521-80-21 50,600.00 Video security system
Total Grant Fund 50,600.00
. 050392 Online Promotions 037-6063-565-20-75 4,013.00 Promotional items for City Hal
Total Hotel/Motel Fund 4,013.00
Total Encumbrances 1 ,073,673.15
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p.o. BOX 996 I LA PORT XAS I 77572-0996 I PHONE (281 ) 471 -1 I FAX (281 ) 471 -171 0
La Porte-Bayshore
Chamber of Commerce
October 18, 2005
The Honorable Mayor Alton Porter and Council Member~
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
Dear Mayor and Council:
On behalf of the board of directors of the La Porte-Bayshore Chamber of
Commerce, please accept our sincere thanks for approval of the 2005-2006
contract between the City of La Porte and the Chamber regarding Hotel Tax
Funds. Attached are proposed budgets for both the annual $40,000 allocation
and the special project allocation of $30,000 to be used to enhance the 50th
Annual Sylvan Beach Festival.
We are very pleased to have the opportunity to continue to work with both the
elected officials and the staff to promote the City of La Porte and its attractions.
Sincerely,
~~
Colleen Hicks, 10M
President
Attachments
La Porte-Bayshore Chamber of Commerce
Proposed Budget - Hotel Occupancy Tax Fund
For October 1, 2005 thru September 30, 2006
Hotel Tax Revenue 40,000.00
Expenses
edvertising/Promotion 14,000.00 Sylvan Beach Festival & Main Street Activities - Newspapers, magazines, radio, billboards
Administrative Fee 18,000.00 Approx 9% of Gen Op budget-minimum of 10% of staff time devoted to tourism (phones
walk-ins, mailing info, etc.)
Continuing Education 300.00 Texas Economic Development-Tourism Division workshop
Entertainment 3,500.00 To secure higher profile Sylvan Beach entertainer to attract tourists to La Porte
Junior Golf Expenses 900.00 To assist with Bay Forest Junior Golf Tournament
Printing/Publications 2,400.00 Doorway to Hospitality Brochures & Sylvan Beach Festival Brochures
Contingency 900.00 Contingency funds
~otal Expenses 40,000.00
Revenue
OverlUnderExpenses 0.00
La Porte-Bayshore Chamber of Commerce
Proposed Budget - Special Project from Hotel Occupancy Tax Fund
For October 1, 2005 thru September 30, 2006
Special Project from
Hotel Tax Revenue 30,000.00
Expenses
Ildvertising/promotion 5,000.00 Additional advertising - Newspapers, magazines, radio, billboards
Entertainment 17,000.00 To secure second higher profile Sylvan Beach entertainer to attract tourists to La Porte
Gate Personnel 350.00 Additional contract personnel for gate duties due to extended hours of entertainment
Production 1,000.00 Additional expense for professional production services (catering, rooms, staffing)
Security 650.00 Add!. police officers for traffic control and security due to extended hours of entertainment
Sound, Light, Stage 5,000.00 Additional sound, light, and stage equipment
Contingency 1.000.00 Contingency funds
_otal Expenses 30,000.00
Revenue
OverlUnderExpenses 0.00
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
10-24-05 Budl!:et
Requested By:
Source of Funds: N/A
Department:
Poli(:e
Account Number:
Report:
Resolution:
- Ordinance:
Amount Budgeted:
Exhibits:
Workshop Materials - Motor Assisted Scooters Amount Requested:
Ordinance #2005-2802
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
On December 13,2004 the City Council held a workshop and passed Ordinance 2005-2802 on January 10,2005,
amending Chapter 70 of the Code of Ordinances. The ordinance regulated the use of Motor Assisted Scooters.
Since then, the issue has been drawing these motor assisted scooters on sidewalks and the development of the pocket
bike, pocket rocket and minimotorbike which did not meet the definition of motor assisted scooters. The Legislature
addressed these issues and passed two bills; HB 1596 and HB 2702 that addressed the issue faced in dealing with
these pocket bikes and minimotrbikes and authority to regulate these "bikes".
This workshop is to advise Council of the changes in the Transportation Code as they relate to motor assisted
scooters, pocket bikes, and minimotorbikes. The Police Department is seeking direction in drafting a new ordinance
applying this authority given to the City by HB 1996 and HB 2702.
Action Required bv Council:
Review materials presented and provide direction to staff as to the implementation of changes by amending
Ordinance 2005-2802 as authorized by HB 1996 and 2702.
Approved for City Council ~2enda
~A
Deb azelle
}/)))13/0P
Date ( l'
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Workshop
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Motor Assisted Scooters
Pocket Bikes
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Minimotorbike
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City :Ordinance 2005-2802
Chapter 70 Traffic and Vehicles
Sec.
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Definitions.
Motor Assisted Scooter shall have the same meaning assigned by Texas
Transportation Code Section 551.301(2), as it exists or may be amended, and
includes self-propelled devic~ with at least two (2) wheels in contact with the
ground during operation; a braking system capable of stopping the device under
typical operation conditions; a gas or electric motor forty (40) cubic centimeters
or less; a deck designed to allow a person to stand or sit while operating the
device; and the ability to be propelled by human power alone.
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Sec. 70-75 Restrictions and Prohibitions on Location and Use of Motor-
Assisted Scooters
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(a) It is unlawful for any adult or child to operate or ride a Motor
Assisted Scooter on any public way or public property for which the posted
speed limit is more than thirty (30) miles per hour. The motor assisted scooter
may cross a road or a street at an intersection where the road or street to be
crossed has a posted speed limit of more than thirty (30) miles per hour.
only be operated on any public
(b) A Motor Assisted Scooter shall
streets or highways during d~ytime hours.
( c) It is unlawful for any person under the age of 12 to operate a
Assisted Scooter on any path, trail, alley, street or highway within the
on paths and trails set aside for the exclusive operation of
Motor
City, except
bicycles, or on a sidewalk.
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(d) It is unlawful for any person under the age of 21 to operate a
Motor Assisted Scooter without wearing a helmet, except on paths and trails
set aside for the exclusive operation of bicycles, or on a sidewalk.
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( e) It is unlawful for any person to operate or ride a motor assisted
scooter on a street, road, or highway that has an improved surface that is
greater than twenty-eight (28) feet in width.
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for any person to transport any passenger on any
(f) It is unlawful
motor assisted scooter.
(g) It is unlawful for a parent to allow a person under the age of 12
to operate or ride a motor assisted scooter on any path, trail, alley, street or
highway within the City exc~pt on paths and trails set aside for the exclusive
operation of bicycles or on a sidewalk.
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is unlawful for a parent to allow a child to operate or ride a
in violation of this section.
(h) It
motor assisted scooter
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Sec. 70-76 Penalties for Violations of Section
( a) A person who violates any provision of this section shall be guilty
of a Class C Misdemeanor and upon conviction shall be fined an amount not
exceeding five hundred dollars ($500).
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(b) A person who,violates Section 70. 75 (d) shall be guilty of a Class
C Misdemeanor and upon conviction shall be fined an amount not exceeding
fifty dollars ($50) upon the first conviction and an amount not exceeding one
hundred dollars ($100) upon the second and each subsequent conviction
a. The Municipal Court shall dismiss a charge against a
person and/or parent for a fi~st offense under Section 70.75 (d), upon receiving
proof that: ~
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or legal guardian
operating or riding
and,
i The defendant, or the parent
for the defendant, acquired a helmet for the person who was
the motor assisted scooter in violation of Section 70. 75' (d);
ii The defendant, or the parent or legal guardian
for the defendant, acquired the helmet on or before the tenth day after receiving
the citation of the violation.
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b. lfthe charge against a person is dismissed under Sec. 70.76
(b) a., a later conviction for a violation of Sec. 70.75 (d) shall be considered a
second or subsequent convicti.on for purposes of subsection Sec. 70.76 (b)
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New Laws Passed That Affect Motor Assisted Scooters,
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Pocket Bikes, and Minimotorbikes
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HB 1596 Addresses definition of a Motor Assisted Scooter and Operation
of a Motor Assisted Scootyr on Roadways' or Sidewalks.
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Motor
means a self propelled
Assisted Scooter
Definition
with the ground during
in contact
two wheels
At least
Sec 551.351
device with
1.
operation;
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2 A braking system capable of stopping the device under
typical operating conditions;
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A gas or electric motor not exceeding 40 cubic
3.
centimeters;
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4. A deck designed to allow a person a person to stand or sit
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while operating the device; and
5.
to be propelled by human power alone.
The ability
352 Operation on Roadway or Sidewalks
551
Sec.
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( a) A motor assisted scooter may be operated only on a street or highway for which the
posted speed limit is 35 miles per hour or less. The motor assisted scooter may cross a
road or street at an intersection where the road or street has a posted speed limit of
more than 35
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(b) A county or municipality may prohibit the operation of a motor assisted scooter on
a street, highway, or sidewalk if the governing body of the county or municipality
determines that the prohibition is necessary in the interest of safety.
miles per hour.
( c) The department may prohibit the operation of a motor assisted scooter on a
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highway if it determines that theiprohibition is necessary in the interest of safety
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(d) A person may operate a motor assisted scooter on a path set aside for the exclusive
operation of bicycles or on a sidewalk. Except as otherwise provided by this section, a
provision of this title applicable to the operation of a bicycle applies to the operation of
a motor assisted scooter.
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( e) A provision of this title applicable to a motor vehicle does not apply to a motor-
assisted scooter,
HB 2702 Section 40 Addresses the definition of Motor Assisted Scooter and defines
Pocket Bikes and Minimotorbike
is the sam.e as established by HB
Bike or Minim.otorbike.
Assisted Scooter
Motor
did add the definition of a Pocket
Bill's definition of the
The Bill
This
1596.
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Section 551.304 (3) "Pocket Bi~e or Minimotorbike" means a self-propelled vehicle
that is equipped with an electric motor or internal combustion engine having a piston
displacement of less than 50 cub'ic centimeters, is designed to propel itself with not
more than two wheels in contact with the ground, has. a seat or saddle for the use of the
operator, is not designed for use ,on a highway, and is ineligible for a certificate of title
under Chapter 501. The term does not include:
a moped or motorcycle;
(A)
an electric bicycle or motor driven cycle, as defined by Section 541
(B)
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a motorized mobiFty device, as defined by Section 542.009;
(C)
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an electric personal assistive m,obility device, as defined by Section
(D)
or,
a neighborhood electric vehicle
(E)
201
551
304 to the Transportation Code as it applies to
HB 2702 Section 41 Adds Section 551
Pocket Bikes and Minimotorbikes.
Section 551.304 Application of Subchapter to Pocket Bike or Minimotorbike. This
subchapter may not be construed ,to authorize the operation of a pocket bike or
minimotorbike on any
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highway, road, or street;
(1)
or
path set aside for the exclusive operation of bicycles;
sidewalk
(2)
(3)
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In the June 2005 Texas Police Journal, DPS Director Co!. Thomas Davis Jr. addressed
the issue of miniature motorcycles - also know as pocket ~ikes and pocket rockets.
"The pocket bikes are becoming more popular, and they are illegal and dangerous on
public roadways. Some buyers have been told they are legal on public streets in certain
circumstances, but there are no ~xception, period." The article states that one
misconception is that they meet the legal definition of a motor assisted scooter.
However, pocket bikes do not meet the statutory requirements of a motor assisted
scooter as stated in Chapter 551.301 of the Texas Transportation Code
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Discussion and Direction
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ORDINANCE NO. i../J05-tJ,K'O:L
AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES
BY AMENDING SECTION 70-1 AND ADDING SECTIONS 70-75 AND 70-76
AND RELATING TO THE USE AND OPERATION OF MOTOR ASSISTED
~COOTERS BY REGULATING THE OPERATION OF MOTOR ASSISTED
SCOOTERS ON CERTAIN' PATHS, TRAILS, ALLEYS, STREETS A~D
HIGHWAYS; PROHIBITING THEIR USE DURING NIGHTTIME HOURS;
REQUIRING' THAT INDIVIDUALS UNDER 21 YEARS OF AGE WEAR A
PROtECTIVE HELMET WHILE OPERATING A MOTOR ASSISTED
SCOOTER; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
THIS ORDINANCE SHALL BE DEEMED GUlL TV OF A MISDEMEANOR AND
UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN FIVE
HUNDRED DOLLARS ($500.00); PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS: The Texas Legislature ena~ted laws regulating the use of motor assisted
scooters; and
WHEREAS: municipalities are authorized to prohibit the operation of motor assisted
scooters on any street or highway within the municipality;
WHEREAS: the City Council of the City of La Porte (City) has determined that
_ . _ _....!e:..~tric!!~:>n o~ ~e_ us~ ~4 .9.P~~~~O!l of motor as~i~~~~_s_~oote! ~n .t:he streets, _hig1:l.~ays,
alleys, paths and the trails within the City 'of La Porte is ne~essary in the interest of
safety; and
. ~REAS: State law safety provisions applicable to bicycle riders apply to the use and
operation of a motor assisted scooter; and
''-WHEREAS: the" CitY Council has investigated and determined that it will be
advantageoust :t>eneficial and in the best interest of the citizens of La Porte to preven.t
potential traffic hazards and safety hazards resulting from unauthorized use of streets,
highways, alleys and certain pathways and resulting form children failing to wear
helmets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE, TEXAS, THAT:
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SECTION 1. The findings set forth ani incorporated into the body of this
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Ordinance as if fully set forth herein.
SECTION 2. That Chapter 70, Article 1 ','In General", Section 70-1 "Definitions"
is hereby amended by adding the following definitions, to be included in proper
alphabetical sequence:
Sec. 70-1. Def"mitions.
Motor Assisted Scooter shall have the same meaning assigned by Texas
Transportation Code Section 551.301(2), as it exists or may be amended, and includes
self-propelled devi~e with at least two (2) wheels in contact with the ground during
operation; a braking system capabl~ of stopping the device under typic,al operation
conditions; a gas or electri~ motor forty (40) cubic centimeters or less; a deck
designed to allow a person to stand or sit while operating the device; and the ability to
be propelled by human power alone. .'
Public Way or Public Roadway ~e~s ;reat'Rrop~rty owned, leased or controlled
by a political subdivision of the Stat~ of Tex~" ~.govemmental entity or agency, or
similar entity, or any property that is publiCly owned or maintained or dedicated to
public use, including, but not limited to, a path, trail, sidewalk, alley, street or
highway, and a public park facility.
Child means any person under eight~en (1~) years of age.
Parent means the natural. or adoptive parent or court-appointed guardian or
conservator of a child.
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Daytime hours means the time period beginning one-half hour before sunrise and
ending one-half hour after sunset.
Helmet means properly fitted prot~cti~~ 'p.~adge~ that is not structurally damaged
and that conforms to the standards of the American National Standards Institute, the
American Society for Testing and Materials, the Snell Memorial Foundation or any
federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at
the time of the manufacture of the helmet.
Wearing a helmet means that the perSon has a helmet fastened securely to his/her
head with the straps of the helmet securely tightened in the manner intended by the
manufacturer to provide maximum protection.
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SECTION 3. That Chapter 70, Ai-ticI~.trr";'Op'eration of Vehicles", is amended by
adding Section 70-75, "Restrictions and Prohibitions 'on Location and Use of Motor-
Assisted Scooters", et seq. .
Sec. 70-75. Restrictions and Prohibitions' on. Location and Use of Motor-Assisted
Scooters
(a) It is unlawful for any adult or child to operate or ride a Motor Assisted Scooter
on ,any public way or public property for which the posted speed limit is more than thirty
(30) miles per hour. The motor assisted scooter may cross a road or a street at an
intersection where the road or str~et to be crossed has a posted speed limit of more than
thirty (30) miles per hour.
(b) A Motor Assisted Scooter shall only be operated on any public streets or
highways during daytime ho,urs.
(c) It is unlawful for any person under the age of 12 to operate a Motor Assisted
Scooter on any path, trail, alley, street or highway within the City, except on paths and
trails set aside for the exclusive operation ofbicyc1es, or on a sidewalk.
(d) It is unlawful for any person ~m.der th~ age of 21 to operate a Motor Assisted
Scooter wi~out wearing a helmet, except on paths and trails set aside for the exclusive
operation of bicycles, or on a sidewalk.
. ( e) It .is unlawful for -any -person tp operate Qr ride, a-motor- assisted scooter - on a
street, road, or highway that has an improved surface that is greater th~ twenty-eight
(28) feet in width. .
(f) It is unIa~fu1 for any person to transport any passenger on any motor assisted
scooter.
(g) It is unlawful for a parent to allow or permit a person under the age of 12 to
operate or ride a motor assisted scooter on aJ?Y path, trail, alley, street or highway within
the City except on paths and trails set aside for the exclusive operation of bicycles or on a
sidewalk.
(h) It is unlawful for a parent to allow a child to operate or ride a motor assisted
scooter in violation of this section.' , .
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Sec. 70-76. Penalties for violation of section
(a) A person who violates any provisioD; of this section shall be guilty of a Class C
misdemeanor and upon conviction shall be fined an amount 'not exceeding five hundred
dollars ($500.00). '
(b) A person who violates Section 10.75 (d) shall be guilty of a Class C
misdemeanor and upon conviction shall be fined an amount not exceeding fifty dollars
($50.00) upon the first conviction and an amount not exceeding one hundred dollars
($100.00) upon the second and each subsequent conviction.
a. The Municipal Court shall dismiss a charge against a person and/or
parent for a first offense under Section 70.75 (d), upon receiving proof
that:
1. The defendant, or the parent or legal guardian for the defendant,
acquired a helmet for, the person who was operating or riding the
motor assisted scooter in violation of Section 70. 75 (d); and
11. The defendant, or the parent or legal guardian for the defendant,
acquired the helmet on or befor~ the tenth day after receiving the
citation of the violation.
b. If the charge against a person is dismissed under Section 70.76 (b) a., a
later conviction for a viola~<?n. of Section 70.75 (d) shall be considered
a second or subsequent conviction for purposes of subsection Section
70.76 (b). ..
- , , . SECTION 4. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, .or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid. '. ,
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SECTION 5. The City Council offici~Y,finds, determines, recites and declares that
a sufficient written. notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
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time required by law preceding this meeting",as required by the Open Meetings Law,
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.Chapter 551, Texas Government Code; and that this meeting has been open to the public as
required by law at all times during which this' ordiriance and the subject matter thereof has
been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 6. AJIy person, as defined in Section 1.02(27) Texas Penal Code, who
shall violate any provision of this Or9inance, shall be deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed Fi~e Hundred Dollars ($500.00). .
SECTION 7. This Ordinance.shall become effective fourteen (14) days after its
passage and approval. The City Secretary shaU give notice to the passage of the notice by
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causing the caption to be published in the Qfficial newspaper of the City of La Porte at least
twice within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED TIllS TI!E IfJf/..nA Y OT(]lW.U fI(~ ' 2005.
._u_______.__ -. . ----. - ------.-- - - '--CITYOFLAPORTE-"
(\ \f :r;-)
By: ~.~
Alton E. Porter, Mayor
ATTEST:
BY.~~
THA GILLETT,
City Secretary
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APPROVED:
By: ~T ~
CLARK. T. ASKINS,
Assistant City Attorney
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___m-
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.." .............1... ...._..,.., ._ " "....._~.~~.-......... ,_.._ ~ ..... _"__... I.. 4..
----
.Ii
... ,",r" ~"-"'-'':' ..... "n' .
. . . . .
".--. WoO _. ...._of..._._. .. _..
, .
. - _.. ~~. ~... .. .' ., .
... .~'. -"'~-~~".~...:=:.=~~.~~.~~~_:i'-.~::~"-:' ="-'~"'~~~~~~=~~:_'~~='_~~~;.~~~;:::':~"~:'~~_~~~'~~~ ';.~~ ~~:~ ", -....:. ---:
. ,.,. 2005 TEXAS' LEGISLATIVE UPD~' -'--.-----'.~-'
motor vehicle when idling is necessary to power a heater or air
',conditioner while a driver is using the vehicle I s sleeper berth for
a government-mandated rest period.
.' (cl No driver using the vehicle's sleeper berth may idle the
vehicle in a school zone or within 1,000 feet of a public school
during its 'hours of operation. An o~fense under this subsection
shall be punishable by a fine not to exceed $500. ' ,
(dl This section, expires September 1, 2007.
SECTION 2. This Act takes effect September 1, 2005.
H.B. No. 1584
AN ACT
relating to requiring the operator of a vehicle storage facility to
accept certain forms. of payment for the deli very or s"t'orage 0f a
vehicle.
. BE IT ENACTED BY THE LEGISLATURE OF THE'STATE 'OF TEXAS:
SECTION 1., Subchapter D, Chapter 2303, Occupations Code, is
amend~d by adding Section 2303.158 to read as follows:
Sec;::. 2303.158.' ,FORMS OF :pAYMENT OF CHARGES. (al The",
operator of a ve:nicl~ storage fa.cility shall accept payment by an
electronic check, debit card, or credit card for any charge
assQciated with delivery or storage of a vehicle.
., --"----'-'(br In' this 'se-cti"on:;- '''vehicle' storage- facility" includes a. - -.
governmental vehicle storage facility as defined by Sec~ion
2303.15~.
SECTION 2. This Act takes effect September 1, 2005.
;":~~~~~}1ij>1;~..! 1:S:%~...-'
,o:-"'~. .." . AN ACT
relating to the regulation of motor-assisted scooters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter D, Chapter 551,
Transportation Code, is amended to read as follows:
__... __S_Q~CHAPTER .0_, _ . .N.EIgJi?9.RHQQI? ELE~TRI~_YE.liJ,C:;:L_ES_ U\.~~D !lOTOP. J\~.~~S_O::~.D. _
..------ ---, .n.. _..._ .._____.... .__~C09~ERSj
. _ _ 4' _ .... _....._.___.._ _. ._.
SECTION 2_ Section 551.301, Transportation Code, is amended
to read as follows:
S.c. 551.301. DEFINITION [DE~INITIONS]. In this
subchapterL[+
. . [.+l+-] "neighborhood [Ncighbo=ht:Jod] electric vehicle" .
means a vehicle subject to Federal Motor Vehicle Safety Standard
500 (49 C.F.R. Section 571.500). .
[ (2 I "Uotor a~oio~cd 3coctcr" mc::.no :l' !3c2.f p=epc2.2.ed
do.....ice -.;itr.l
. [(1'.)
ground dur:.ag operation1
[ (:8) D.
de.....icc ~~dcr ~}~:.c::.l opcra~ing
[(C) a
a~ 2.C.:l!3': ':HO '.lhce2.o in con':c.::': .:i tl: ':1:0
br.:l.lci:19' GYGtCHl. o::.po.blc cf !Jtoppin~ t~c
coadi~iono;
9::'0' er olc.::~ri.:: me':cr' not eJ.ceediag 10
cubic'::e:1':imctcro;
[(D) 11 declt dcoigaod to 11'le\1 D. peroen to .:It.:lnd
DE 01': '.:3~ le opcrnting the dc-.-ice; ::.nd ,
[(S) t:-.e ::.~ility t::J be propelled by flumo.:l pO\lCr
;.2. one. ]
SECTION 3. Chapter 551~ Transportation Code, is amended by
CHAPTER ELEVEN: TRAFFIC
34
;~: .;;.':' ,.:~-~-;-~;~.~~;:'.:;.?t:~~::::..~~- ':..~:': ;:.:~::',~~jz;~~~::~~:.: ~':.: .:. :.::. ,:",{':_~"~'="~~~":'~:'::::~:<:~';:~~~'~~-:~"~:'~'.~ '-':~~'~'-.-:':'. -.:.:~.:~~:::::-~.:- .-.:
. ~.r,T.'.";-~. ~~. ......,...--;.. ......... :.~. ... ~
....... .-". .': -....... ..,
; ~
~~~.~~~-~-=:=:'~~~~='. -~-- ~=~.. ~-~.'" ...-.:-: :::'.: ;~.~~~..~~: ,:._~_.:~-~~~ .':-:~!~ .~.~~~--~:_~:_-~--~-~~
2005 TEXAS LEGISLATIVE UPDATE
adding Subchapter E to read as follows:
SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS,
Sec. 551.351. DEf.INITION. In this subchapter,
"motor-assisted scooter" means a self-propelled device with:
:..'(i) at least two wheelS in contact with the ground
during operation;._ = .", -.",'
.' (2) a,$.r.a#'ncr~s~v';ferit..capable of stopping the device
under typical operatihq" c'onditi6ti.s; .. __'_. ", ..... ;
('3 C a ,gas or elec~ric. motor l].o:f: ex<!:e~dincj:."',;rf.a. .cihbiG
\ . . ,..
centimeters;
(4) a;'>d~c::k designed to allow a person to.~:$rcrrl~1~i:: .:sit'
whiie operating the de'v:i:ce' and :P.!>.I."":' ,
'T~D the ability to be propelled b~'Wn,trln~I"tl:::i:>ow~~~Eraione.
Sec. 5.51. 352. OPERATI'ON ON RO~DWAYS OR S'IPEWAtKS: (-a;)'~'":'A":
motbr-assisted scooter may be operated only 'on. ,a :.~:ti:'e'e'f'\Qi,:.~hj.;qhWay
. for which the :pq.st:ed. 'speeci,. ;L.i.mi"t....i.s/<,.3~:, mile's .per :'1ibti.r:::QrJ';;i;'~s~s;:.-"": . The
motor-assi.sted' "scooter rna:~Y.:7'6r:b~S,i;~'a0~t'Oad""'8r".'sftr'e~~~;~~~ftffgii""" . ,.
'iii.:tl;iiseCtion .where the road '.or street. has' a pos,t'~cr spe'ed limit of '.
Iti.ore'.-t'han- 35" mi:I:-es--per--hciur:'~'-"-"---' - -. ... --, '.-------:- .-. - ,
, (b) A count .or mu:iJ.id: .~J;iJ;.'.'::Il!a .'.: rohibit {f:fi1e-:::~:~)"'ei.ation' of . a
motor-assisted sc::ooter on. a 's'f!':if.:eCet::;~ft.fN-~ '~19"~";f:3'J::a:~~~tk' 'if.~:the'
governing body of the county .or'iminicipal'iTy determines.. tha.t .the
proQibition is necessary in theinterest'of safety.
. . (c:) . The' department may prohibit. the. -operation of a:;.
.' motor-assis'ted scooter on"a highway if it determines that the;-
prohibi:tiori~' is necessary in 1;h!3:i;nterest of safety.- . -. _,_
(d) A person may '~~&w.~;a.::t,e: ..13. mqtor-assisted scooter on_~.;~~t;h.
.set aside for the excl usi -ie"~6~~t~on~~~~';i:);i:cVc'les or on a .s;,J,~Ei1w.ii.~:Jt:.:-... , '
Except as otherwise provided by this s'ectl.on, a provision 'o't"'t:l1i's'
title applicable to the operation of a bicyc;Le applies to the
operation of a .motor-assisted scooter. ... _ " __ _ _ __ _h __ _ .
, .. ..._._ _ .____, (e) A provision of this title' applicable to a motor vehicle
does not apply to a motor-assisted scooter........~.."...oo .e. n_. ....--...-.... .....---..-.-....-.-.
SECTION 4. Section 551.302, Transportation Code, as added
by Chapter 1325, Acts of the 18th Legislature, Regular Session,
2003, is repealed.
SECTION 5'. This Act takes effect immediate,ly if it ;-eceives
a vote of two-thirds of all the members elected to each h04se, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes eff~ct September 1, 2005.
H,B. No. 1646 .
AN ACT
relating to the definition of all-terrain vehicle in the
certificate of title and the motor vehicle registration.laws.
BE IT BNACTED BY THE LEGISLATURE OF THE STATE OF TEXAS.: V
SECTION 1. Section 501.002(14), Transportation Code, is
amended to read as follows:
(14) "Motor vehicle" means:
(A) any mot0r driven or propelled vehicle
required to be registered under the laws of this state;
(B) a trailer or semitrailer, other than
manufactured housing, that has a gross vehicle weight that exceeds
4,000 pounds;'
.._._._.._..___~_. ___________,_-'~____ - ___ _"_____m_
:.~' ."cc~i~i~~~~~E~~~~;~~i~.:~ .~.,::~:,.: > ~..~_~..-~~:~.:';.:.~~~.::.::.:.,.:.:~.....:~ ~. ~~.~~::,=~~~~~:.~::::,-=--3-5-..,.,.. :..:~.:-~.:.;T:;~~:::~ .
:~'-. ~.~-: -. ~ ~.;. .' . :' - . .._r:-"r::'t~ ~7:-':r-"'7!~~:,:' . :~~~~~7~1~.lt.. '':~''''':r-':'~~l:r..!t~-7':,l'';~''t7:-i....~,-;:~...~.:!;~-:t!:o~!: :':--7~~~t-,:~,-":"'::'.::-'~:~."'!~::.r:r:-. ~"2?;{:,:,.:".:t":."'t:!:"--:"'~. ~~:t:o~a~~.::~t:! ~...: """i-~.~ :-''':'rT7rt~..:;~~~t.,~,:,~!:~~..~~~!..~:,::!Ir,'''
~ . .
::'~'f~J;~~?9@~;'~~~~~:~~~~~~~i~~~.::B~f.~~l~::;~1:~'~:':~~:~~~~'~'~~';{;~_~~~~~:?~~T:~~~~~;~~~~~f~i:9~~3:t~-:~.~::
reasonable alternative route on nontoll roads;
(3) the authority agrees to assume all liability and
responsibility for the maintenance and operation of the turnpike
project on its transfer; [~]
(4) the transfer,is approved by the governor; and
(5) in the case of a nontolled seqrnent of the state
hiahway system, the transfer is approved by the commissioners court
of each county in which the seq,ment of hiqhway to be transferred is
located.
(i) The requirements of this section do not apply to a
nontolled seqrnent of the state hiqhway system:
(1) that the commission by order desiqnated as a toll
pro;ect before the contract to construct the seq,ment of hiqhway was
awarded, reqardless of whether the seqment is operated without
tolls for a period before toll collection operations beqin;
(2) that was desiqnated as a toll pro;ect in a plan or
proqram of a metropolitan planninq orqanization on or before May I,
2005;
(3) that is reconstructed so that the number of
nontolled lanes on the seq,ment of hiqhway is qreater than or equal
to the number in existence before th~ reconstruction;
(4). to which an ad;acent facility is c'onstructed with
. a number of.nont.oU~d, lanes. t.o.at., _wbeJ),.. combined_. wi.tb.__the _numb.er ..of___.__ _ ._.
nontolled lanes on the converted seqrnent of hiqhway, is qreater
than or equal to the number in existence on the converted seq,ment of
hiqhwav before the convers;i.on; or
(5) that was open to traffic as a hiqh-occupancy
vehicle lane on May I, 2005.
SECTION 37. Subchapter D, Chapter 502, Transportation Code,
is amended by adding Section 502.1515 to read as follows:
Sec. 502.1515. OUTSOURCING PRODUCTION OF RENEWAL NOTICES;
PAID ADVERTISING. The commission may authorize the department to
enter into a contract with a private vendor to produce and
distribute motor[O] vehicle reqistration renewal notices. The
contract may provide for the inclusion of paid adve~tisinq in the ..
- reqistration renewal ..not-ice--packet. n .- - -.- -- --
... . - ---.sECTTON' 3'8:n . 'The -hea:Ci1mj-tu"Section 542. 2'03';-1'r-ansportat-ion- n_____ 'n._ _00_.. ..
Code, is amended to read as follows:
Sec. 542.203. LIMITATIONS [TT~~TTl'_TION] ON LOCAL
lWTHORITIES.
SECTION 39. .Section 542.203, Transportation Code, is
amended by adding. Subsections (d) and (e) to read as follows:
(d) A locai 'authority may not implement or operate a
photoqraphic traffic siqnal enforcement system with respect to a
hiqhway under its iurisdiction. The attorney qeneral shall enforce
this subsection.
(e) In this section, "photoqraphic traffic siqnal
enforcement system" means a system that:
(1) consists of a camera system and vehicle sensor
installed to exclusively work in con;unction with an electrically
operated traffic-control siqnal;
(2) is capable of producinq one or more recorded
photoqraphic or diqital imaqes that depict the license plate
attached to the front or the rear of a motor[O] vehicle that is not
operated in compliance with the instructions of the traffic-control
siqnal; and
(3) is desiqned to enforce compliance with the
instructions of the traffic-control siqnal by imposition of a civil
or administrative penalty aqainst the owner of the motor[O] vehicle.
SECTION 40. Section 551.301, TranspcrrtatioE Code.p ~, ,
.n_ :::~~~::~~:~~~~~:~~.a~~~~~~:~~~~;~;~~~~~~c~~~.~~~~~~~~~~~Y__ ~:~:~~~~~~~~~~~.. .n~i30i~_~~~~ ___. ~.::_
I;~'r::;:'=:":~:'.'-:: ..... " ~~'~ .-11: r;:.:o:... ':.t.~~~::::.:. ::.'= ,"~ -::u~r.:'::."":""::.~. .1!~':"r"~T:~~"'::':7;'-:'!~!fist"~".~;"'r~''::",..'',J"';~.';'':'~'~~.~7"':~~r;~.:":'"'7f.":"~~~~~.:~':.'.:.-7':'~~~:~~-::.r~}:--~:~;-'.:"~I~~;r=:7"-~~-~:";;::-:,'~~:'T"':"~, ~~-:r-~~I
~;~~~~;~~~~&h~~ii9~~i~i~~~i_~~~~i.~i~~~tfi:~t~.::'~'~:::,~~'~':~;,~~:~~;:':~:::~f;~~_~f~~;Z-~~7~f.~g~;?i~!~f~~~~:"~:':;J~
arnendeq by-amending" Subdivision (2) and adding Subdivision (3) to
read as folrows:
(2 )
"Motor [D) , assisted[O) scooter[DJ"~
(Ar means a self-propelled device with~
lil [~~:J at least t~o wheels in
with the gro).lI1d during opera:tion;'
(ii) [~]
stoppi~g the- device- under typical operating
(iii) [-+c+J
contact-
e:xc~~~n9"- 4-0 cubic centime'ters;
(iv) [(1"\:] a.'deck designe<:f to' aI~ow' a'-
.peTson to stand or sit while operating the- device; and
(v) [~] the' atri'lity-.to be propelled by
a br~kfng system capable o~
cond::ttions;
a gas or eleetric.. motor [0]
not.
human power alone; and
minirilotorbike.
(B) does' not include" a pocket bike' or
(3) .' "P&c:ket bike or minimotorbike.". mea:ns;- a:.,. .
5e',:l:f,--propelled vehicle that is equipped with an e-Iectric-'motor [0] or
inLte'rricFl combustion' enqine havinq '.a piston displacement ,of" l.ess
t.fi8n-' 50 '''cubic' centime,te'rs" is- desiqned to propel .it'self.: .wIth-:no.t,
mo:rez.<than two wheels in contact with the qrou:rrd,: has".a s'ea:t Or'
,saddIe" for the us'€!: of- the ope'rator, is not.. cfusiqned. for use:' err.j'''a.
,fir, liwa:~aiid'._is-'~ine.li .ib.I.e-.:E.o.r._.a_c.ertif.icate......of ti.tI,e.:uncf-e!;,,,'E:fra :te:r' .__.__._, _ _.
5D'I:":' ". 'tfie' tem' does: not "nd:ude:.-
(A) a.,..,moped.. or. mO.tox:c.v,cle--;
(8) an. eiectric. bic.v..cl.e or motor [0] -driven c;:ycle,. as
defined by See.tion..54L201;
(C) a motoLized-mo~Ility dev-ice~-as de~;n~rl by
Section 542.009;
(D) an electric- pe:.:z:son.a:L as,s.isti.'\l:e-..mobil.it.v.
device, as defined by Section 551_201; or
(E) a ne-.tqhborhood electric vehi.c::l.e-:-_.
SECTION 41. Subchapter D, Chapter 551" Transportation Code,
is amended by adding Section 551.304 to read as follows:
Sec. 551.304. APP-EICATION" OF SUBCHAPTER TO POCKET B.IKE, OR "
. MINI-MOTORB.rKE..~- This subchapter'mav nbt'be-,-construed to authoriz-e--
""tne-operaTion-or-a-,pocket-bi-ke-or-nrinimoto.rbi:ke'-ofl:-any-:~-..-.- .. __.._ ____.., ...____.___...._._
(1) hiqhway, road, or street;
(.2) path set aside- for the exclusive operation. of.
bicycles;: or
( 3 ). . s'.idewalk :"
SECTION 42. Section 11.11, Tax Code, is amended by adding
Subsection (j) to read as follows:
(i) For purposes of this section, any portion of a facility
owned bv the Texas Department of Transportation that is part of the
Trans-Texas Corridor, is, a rail facility or system, or is a hiqhway
in the state hiqhway system, and that is licensed or leased to a
private entity by that department under Chapter 91, 227, or 361,
Transportation Code, is public property used for a public purpose
if the rail facility or system, hiqhway, or facility is op~rated by
the private entity to provide transportation or utility services.
Any part of a facility, rail facility or system, or state hiqhway
that is licensed or leased to a private entity for a commercial
purpose is not exempt from taxation.
SECTION 43. Section 25.06, Tax Code, is amended by adding
Subsection (c) to read as follows:
(c) This section does not apply to:
(1) any portion of a facility owned ?y the Texas
Department of Transportation that is part of the Trans-Texas
Corridor, is a rail facility or system, or is a hiqhway in the state
~ ~=~~~E!(:w-wV!.capitol~s~~~~.~~~~b~cqc'gi!eQ::S~SSI6N:.K:EY~Tv'PU:C!DN1\7fZjy1RF&::: . .---8130/20Q5 --~._'-- .., .-,
. " ..1......- _.~. ~7"'. ... .-.,~: .~.~~--",..._..-..._..._-_...._--._,---'"-____.... .:....:..._._.-...:=-:.. _.--,:'__~__,:".._"___-:..~_':'''::.. ._....:....___
~541.102 e
(B) buildings used for business purposes
and residences.
(3) "Urban district" means the territory ad-
jacent to and including a llighway, if the terri-
tory: ,
(A) is not in a municipality; and
(B) is improved with structures that are used
for business, industry, or dwelling houses and
located at intervals of less than 100 feet for a
distance of at least one-quarter mile on either
side of the highway.
(Adt!-ed by' L.1995, chap. 165(1), eft. 9/1/95.)
ff541.103 to 541.200. (Reserved.)
SUBCHAPTER C. VEHICLES, ~L
TRANSPORTATION, AND
EQUIPMENT
~541.201. Vehicles.
In this subtitle:
(1) "Authorized emergency vehicle" means:
(A) a fire department or police vehicle;
(B) a public or private ambulance operated
by a person who has been issued a license by the
Texas Department of Health;
(0) a municipal department or public serv-
ice corpora tion emergency vehicle that has been
designated or authorized by the governing body
of a municipality;
(D) a private vehicle of a volunteer fire-
fighter or a certified emergency medic~l serv-
ices employee or volunteer when responding to
a fire alarm or medical emergency;
(E)' an industrial emergency response vehi-
cle, including an industrial ambulance, when
responding to an emergency, but only if the ve-
hicle is operated in compliance with criteria in
effect Septe~ber I, 1989, and established by
the Texas Industrial Fire Training Board of the
State Firemen's and Fire Marshals' Association
of Texas; or '
(F) a vehicle of a bloqd bank or tissue banJt,
accredited or approved under the laws of this
state or the United States, 'when making emer-
gency deliveries of blood, 'drugs, medicines, or
organs.
(2) "Bicycle" means a device that a person
m!iy 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.
(3) "Bus" means:
(A,) . a motor vehicle used to transport per-
sons and designed to accommodateimore than
10 passengers, including the operator; or
(B) a motor vehicle, other than a taxicab,
designed and used to transport persons for com-
pensation. ,
(4) "Farm tractor" means a motor vehicle
designed and used primarily as a farm imple-
ment to draw an implement of husbandry, in-
cluding a plow or a mowing machine.
(5) "House trailer" means a trailer or semi-
trailer, other than a towable recreational vehi-
cle, that:
Texase~nal & Vehicle Handbook
(A) is transportable on a highway in one or
more sections;
(B) is less than 40 feet in length, excluding
tow bar, while in the traveling mode;
(C) is built on a permanent chassis;
(D) is designed to be used as a dwelling or
for commercial purposes if connected to re-
quired utilities; and
(E) includes plumbing, heating, air-condi-
tioning, and electrical systems.
(6) "Implement of husbandry" means a ve-
hicle, other than a passenger car or truck, that
is designed and adapted for use as a farm imple-
ment, machinery, or tool for tilling the soil.
(7) "Light truck" means a truck, including a
pickup truck, panel delivery truck, or carryall
truck, that has a manufacturer's rated carrying
capacity of 2,000 pounds or less. rs
't---
(8) "Moped" means a motor-driven cycle that II
cannot attain a speed in one mile of more than "
30 mil~s per hour and the engine of which: i:
(Ar cannot produce more than two-brake 0
horsepower; and
(B) if an internal combustion engine, has a !
piston displacement of 50 cubic centimeters 01' ~
less and connects to a power drive system that ~
does not require the operator to shift gears. ~
(9) "Motorcycle" means a motor vehicle, other ,.
than a tractor, that is equipped with a rider's ,;
saddle and designed to have when propelled not ~
more than three wheels on the ground. , .
(10) ''Motor-driven cycle" means a motorcy- <
, cle equipped with a motor that has an engine ~
piston displacem~nt of 250 cubic centimeters or ~
less. The term does not include an electric bicy- ~
~ ~
(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' or an electric !
personal assistive mobility device, as dermed by io
Section 551.201. ~
(12) ''Passenger car" means a motor vehicle, f
other than a motorcycle, used to transport per- ~-
sons and designed to accommodate 10 or fewer
passengers, including the operator.
(13) "Pole trailer" means a vehicle without
motive power: .
(A) designed to be drawn by another vehicle
and secured to the other vehicle by pole, reach,
boom, or other security device; and
(B) ordinarily used to transport a long or ir-
regularly,shaped load, including poles, pipes, or
-structural members, generally capable of sus-
taining themselves as beams between the sup-
porting connections.
(14) ''Road tractor" means a motor vehicle
designed and used to draw another vehicle but
not constructed to carry a load independently or
a part of the weight of the other vehicle or its
load.
(15) "School activity bus" means a bus de-
signed to accommodate more than 15 passengers,
~luding the operator, that is owned, operated,
662
Transpoeion Code e fi541.203
rented, or leased by a school district, county (B)' constructed'so that no part of the vehi.
school, open. enrollment charter school, regional cle's weight and load rests on the motor vehicle.
education service center, or shared. services ar. (21) "Truck" m'eans a motor vehicle designed,
rangement and that is used to transport public used, or maintained primarily to transport pro.
school students on a school. related activity trip, perty.
other than on routes to and from school. The (22) "Truck tractor" means a motor vehicle.
term does not include a chartered bus, a bus op~ designed and 'used primarily to draw another
erated by a mass transit authority, or a school vehicle but not constructed to carry a load other
bus. ' than a part of the: weight of the other vehicle
(16) "School bus" means a motor vehicle that and its load.
was manufactured in compliance with the fed- (23) "Vehicle" means a device that can be
eral motor vehicle safety standards for school. . used to transport or draw personS' or property
buses in 'effect on the date of m'anufacture, and on a highway. The t~:rm does not include:
that is used to transport pre-primary, primary, ' (A) a device exclusively used on stationary
or secondary students on a route to or from rails pr tracks; or " ' :
school or on a school-related activity trip other (3) manufactured' housing as that term is
than on routes to and from school. The term defined by Chapter)201, Occupations Code. ..
! does not include a school-chartered bus or a bus (24) "Electric bicycle" means a bicycle that: V
; operated by a mass transit authority; (A) is designed to be propelled by ail electric
~ (17) "Semitrailer" means a vehicle with or motor, exclusively or in combination with the
~ without motive power, other than a pole trailer:. application of human PQwer;
t (A) designed to be drawn by a motor vehicle (B) cannot attain a speed of more than 20
, a,nd to transport persons or property; and miles per hour without the application of human
(B) constructed so that part of the vehicle's power; and " ,'.
~ weight and load rests on or is carried by another (C) does not exc~ed a weight of 100 pounds.
::i vehicle. (Added by L.1995, 'chap. 165(1); chgd. by L.1997,
.; (18) "Special mobile equipment" means a, chaps. 102fX1), 1438(8); L.1999,chaps.'663(1), 797(3}; ,
:; vehicle that is not designed or used primarily to L.2001, c)rap.1085(5);''L.2003, chaps. 1276(UA833),
~ transport persons or property and that is only 1318(2), eft. 9/1/2003.)
;E incidentally operated on a highway. The term: .\:541' 202 'R '1' t ' ; rt t'
. (A) includes ditchdigging apparatus, well :I!,. th;' 8.lbt"tl:r~,spo ~ Ion:
. b . t d d 't ti' d n IS su I e.
oJ onng appara us, an roa cons ruc on an (I)' "R' :1,- d'" ~ ' " . th t t
oS' h" I din h It aucoa. ~eans a c~ner ,a opera es
:: malntenanc~ ma~ In~ry, ~c u g an ali1P a car~, oth~r than streetcars, 'on stationary rails
:I spreader, bltummous mLXer, bu:ket loa~er, 'to transport p~i'soris Qr property.
~ ~actor other th~n ~ truck tra.ctor, dltcher, level-, (2) '~ilroad; train" means a steam engine
"i ling grader, ~shmg machlne~ motor grader, . or electric or other'motor with or without an at;
c;, road roller, scarifier, earth.mo~ng carryall and tached cat'oi;lerated on railS, other than a streetcar.
S scraper, power shovel or ~agline,. or self-pro- (3) "Streetcar'" means' a. car,' other' than a
::l pelled crane and earth-.movmg e9-wpm~nt; and : railrQad tra4:a, used to transport persons or
! (B) excludes a vehIcle that IS deSIgned to property and'operated on rails located primar.
:i tr~nsport pE!rson~ or pr?perty and th8:t,h~s ma. ily 'Yithin a municipality.
~ chinery attached, mcluding a house trailer, dump (Added by L.1995, "chap. 165(1), eft. 9/1/95.)
8 truck, tru~-mounted transit .mixer, crane, and ' . '
.... shovel. . ~541.203. Eq~1:pment., ','
N (19) "Towable recreational vehicle" means a ,In t~is sub~it1E\::,. ' II
nonmotorized vehicle that: (1) Exhaust emIssIon system means a mo-
(A) is designed: tor ,,~~le engine ~<?d~cation desigI!.ed to con-
(i) to be towable by a motor vehicle; and trol or red~ce the J!mlSSlon of ~ubstanc.es from a
(ii) for temporary human habitation for mO,~or vehlcl~, o~ .lP9t9r ve,hlcle. engme, of a
uses including recreational camping tor sea. model ye.ar. <;It: 1968 or later, and InStalled on or
sonal use' incorporated in a motor vehicle or ,m,<;ltor vehi~le
(B) is'permanently built on a single chassis; . en~~ in ,cQmp~~nc~ ~ith r~quirem~nts im-
(C) may contain one or more life-support posed ,by th~ :M:~~r Vehl~le Air Poll,ution Con-
systems; and , . trol ~ct (~2 q.S.C. .~ection 18!)7:et seq.) or other
(D) may be used permanently or temporarily, applica?le l~w. , ;," . '. ' . .
for advertising, selling, displaying, or promot- .(2) . 'Metal tlI'e .1I~cl~des.a tlI'e t~e surface of
ing mer~andise or services, but is not used for WhICh In contact WIth the highway IS who~lr or
transporting property for hire or for distribu- partly. made .of metal or ,other h~d, nonresll1ent
tion by a private carrier. ma.ten!i1.. ,'" .. .
(20) "Trailer" means a vehicle, other than a . (3) ~uffier. m~ans ,a deVlce that reduces
pole trailer, with or without motive power: nOIse usmg: . .. . .
(A) designed to be drawn by a motor vehicle (A) ~ mechanIcal deslgJ)., Includmg a senes
and to transport persons or property; and of chambers .or baffie plates, f:o re,c;ei~e exhaust
gas from an mtemal combustion engme; or
663 ,',
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Transpoeion Code
(1) those devices relate to the specified traf-
fic rule; and
(2) the consent of the owner of that property
is obtained.
(Added by L.1999, chap. 1393(1);chgd. by L.~OOl,
chap. 913(2); L.2003, chap. 243(1), eft. 9/1/2003.)
~542.008. Traffic regulations: private sub-
divisions in certain municipalities.
(a) This section' applies only to a subdivi.
sion in which the roads are , privately owned or
maintained that is located in a municipality
with a population of 300 or more.
, (b) On petition of 25 percent of the' property
owners residing in the subdivision or on t~e re-
quest of the governing body of the entity that
maintains the roads, the governing body of the
s municipality may extend by ordinance' any traf-
~ fic rules that apply to a road owned by tl),e mu-
..= nicipality, or by the county in which "the
i municipality is located, to the roads in the sl,lb-
: division so that the roads of the subdivisipn are
= under the same traffic rules, if the governing
. body of the municipality finds the ordinance in
4ll the interest of the municipality generally. Ape.
CD tition under this subsection JPust specify the
~ traffic rules that are sought to be extended. The
~ ordinance may extend any or all of the re-,
1 quested rules.
0: (c) As a condition of extending a traffic rule
if under Subsection (b), the governing body of the
. municipality may require that owners of prop-
:] erty in the subdivision pay all or part of the cost
:i of extending and enforcing the traffic rules in
~ the subdivision, including the costs associated
"! with the placement of necessarY' official traffic
~ control devices. The governing body of the mu-
~ nicipality shall consult with the appropriate
g law enforcement entity to determine th'~ cost of
.. enforcing traffic rules in the subdivision.
~ (d) On issuance of an order under'this sec-
f tion, the private roads in the subdi~ision are
B considered to be public highways or streets f9r
.. purposes of the application and enforcement of
to;! the specified traffic rules. The governing body 'of
the municipality may place official traffic con-
trol devices on property abutting the private
roads if: ,
(1) those devices relate to the specified tr~-
fie rule; and
(2) the consent of the owner of that property
is obtained or an easement is available for the
placement. .
(Added by L.2001, chap. 913(1), eft'; 9/1/2001.)
1542.009. Operators of certain mobility de-
)Vices.
../ (a) In this seGtion, "motorized mobility de-
vice" means a device designed for transporta-
tion of persons with physical disabilities that: .
(1) has three or more wheels;
(2) is propelled by a battery-powered motor;
(3) has not more than one forward gear; and
e
~542,~02
(4) is not capable of speeds exce~ding .eight
miles per hour.
(b) For the pw:poses of this subtitle, a
person operating a nonmotorized wheelchair or
motorized mobility device is considered to be a
pedestrian. ' '
(Added by L.2001, chop. 497(2); renum. (rom 542.008
by L.2OO3, chop. 1275(2(135)), e{{. 9/1/2003.)
H542.010 to 542.200. (Reserved.)
SUBCHAPTERB. UNIFORMITTY
AND INTERPRETATION OF
TRAFFIC LAWS
~542.201. General ride ofunifonnity.
This sub,title applies uniformly throughout
this state. A local authority may not enact or en-
force an ordinance or rule that conflicts 'with
this subtitle unless expressly al.lthorized by this
subtitle. However, a local authority may regu-
late traffic in a manner that does not conflict
with this subtitle. (A.d.ckd by L.1995, chap. 165(1),
eft. 9/1/95.) ,
~542.202. Powers of local authorities.
(a) This subtitle does not prevent a local au-
thority, with respect to a highway under its ju-
risdiction and in the reasonable exercise of the
police power, from:
(I) regulating traffic by police officers or
traffic-control devices;
(2) reglilating the stopping, standing, or
parking of a vehicle;
(3) regulating or prohibiting a procession or
assemblage on a highway;
(4) regulating the operation and requiring
registration and licensing of a bicycle or electric
bicycle, including p~yment of a registration fee,
except as provided by Section 551.106;
(5) regulating the time, place, and manner
in which a roller skater may use a highway;
(6) regulating the speed of a vehicle in a
public park;
(7) regulating or prohibiting the turning of
a vehicle or specified type of vehicle at an inter-
section;
(8) designating an intersection as a stop in-
tersection or a yield intersection and requiring
each vehicle to stop or yield at one or more en.
tr~nces to the intersection; ,
(9) designa~ing a highway as a through
highway;
(10) designating a highway as a one-way
highway ,and requiring each vehicle on the high-
. way to move in one specific direction; "
(11) designating school crossing guards and
school crossing zones;
(12) altering a speed limit as authorized by
thi$ subtitle; or
(13) adopting other ~affic rules specifically
authorized by this subtitle. ,
(b) In this section:
(I) '~Iler skater" means a Person wearing
footwear with a set of wheels attached.
667
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Transportation Code ~551.203
(1) the person is passing another vehicle (c) The local law enforcement agencies and
moving in the same direction; the sponsoring organization may agree on
(2) the person is preparing to turn left at an safety regulations governing the movement of
intersection or onto a private road or driveway; bicycles during a competitive race or during
(3) a condition on or of the roadway, includ- training for a competitive race, including the
ing a fixed or moving object, parked or moving permission for bicycle operators to ride abreast.
vehicle, pedestrian, animal, or surface hazard (Added by L.199S, chap. 16S(1), eft. 9/1/ 9S.)
prevents the person from safely riding next to " .
the right curb or edge of the roadway; or t551.106. RegulatIon of electriC blcy~les.
(4) the person is operating a bicycle in an (a) T~~ department or a local !,-ut~Orlty may
outside lane that is: " n~t prohibit ~e use of ~n el~ctrlc bicycle on .a
(A) less than 14 feet in width and does not highway th/;/t IS used pnmarily by mot~r vehl-
have a designated bicycle lane adjacent to that c1es. .T~e department or a l.oca~ authority z:nay .
lane; or prohibit the .use ~f an electriC ~Icycle on a Jllgh.
(B) tOo narrow for a bicycle and a inotor ve. way use~ ~nmarily by pedestrians..
hicle to safely travel side by side. th (b) ~~ dep~ent ~hall e~tablish rules for
(b) A person operating a bicycle on a one. e admmlstration of thiS sectlon.
s way roadway with two or more marked traffic (AddedbyL.2001, chap.108S(12), eft. 9!1/2001.)
~ lanes may ride as near as practicable to the left SUBCHAPTER C. ELECTRIC
~ curb or edge of the roadway.' PERSONAL ASSISTIVE MOBILITY
! (c) Persons operating bicycl~s on a roadway DEVICES
~ may ride two abreast. PersoI?-S ri.ding ~o abreast (Added by L.2003, chap. 1318(S), eft.
~ on a lane~ ~oadway shall ride m a ~mgle lane. 9/1/2003.)'
. Persons riding two abreast may not Impede the .
.c; normal and reasonable flow of traffic on the f551.201 Definition.
~ roadway. Persons may not ride more than two In this subchapter, "electric personal ass is. ./
:S abreast unless they are riding on a part of a tive mobility device" means a two non.tandem
.5 roadway set aside for the exclusive operation of wheeled device designed for transporting one
i bicycles. . person that is:
;t; (d) (Repealed by L.2001, chap. 108S(13), eft. (1) self.balancing; and
. 9/1/2001.) (2) propelled by an electric propulsion sys-
oJ (Added by L.1995, chap. 16S(1); chgd. by L.2001, tem with an average power of 750 watts or One
~ chap. 108S(1Q), (13), eft. 9/1/2001.) horsepower.
J 1551.104. Safety equipment. (AddedbyL.2003, chap. 1318(S); eft. 9/1/2003.)
~ (a) A person may not operate a bicycle 1551.202. Operation on roadway.
ci unless the bicycle is equipped with a brake ca. (a) A person may operate' an electric per.
]l pable of making a braked wheel skid on dry, sonal assistive mobility device on a residential
8 le'1'el, clean pavement. street, roadway, or public highway with a speed
:; (b) A person may not operate a bicycle at limit of 30 miles-per hour or less only:
~ nighttime unless the bicycle is equipped with: (1) while making a direct crossing of a high-
t (1) a lamp on the front of the bicycle that way in a marked or unmarked crosswalk.;
8' emits a white light visible from a distance of at (2) where no sidewalk is available; or
least 500 feet in front of the bicycle; and (3) when so directed by a traffic control
N (2) on the rear of the bicycle: device or by a law enforcement officer. .
(A) a red reflector that is: (b) A person may operate an electric per-
(i) ofa type approved by the department; and sonal assistive mobility device on a path set
(ii) visible when directly in front of lawful aside for the exclusive operation of bicycles.
upper beams of motor vehicle headlamps .from (c) A;ny peJ;'son operating an electric per.
all distances from 50 to 300 feet to the rear of sonal assistive mobility device on a residential
the bicycle; or street, roadway, or public highway shall ride as
(B) a lamp that emits a red light visible from close as practicable to the right.ha,nd e~ge. .
a distance of 500 feet to the rear of the bicycle. (d) Except as otherwise provided by this
(Added by L.1995, chap. 165(1); chgd. by L,2001, section, provisions of this title applicable to the
chap. 108S(11), eft. 9/1/2001.) operation of bicycles apply to the operation of
electric personal assistive mobility devices.
f551.105. Competitive racing. (Added by ~.2009, chap. 1318(S), eft. 9/1/2003.)
(a) In this section, "bicycle" means a non.
motorized vehicle propelled by human power. 1551.203. Sidewalks.
(b) A sponsoring organization may hold a A person may operate an electric personal
competitive bicycle race on a public road only assistive mobility device on a sidewalk. (Added
with the approval of the appropriate local law by L.2003, chap. 1318(S), eft. 9/1/2003.)
enforcement agencies.
741
C'I.-'i",)
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Texas laminal & Vehicle Handbook
(E) the ability to be propelled by human
power alone.
(Added by L.2003, chap. 1325(19.07), eft. 9/1/2003.)
~551.302. Operation on roadway.
(Multiple versions enacted. See other Section 551.302
above.)
(a) A neighborhood el~ctric vehicle or motor
assisted scooter may be operated only on a
street or highway for which the posted speed
limit is 35 miles per hour or less. The vehicle
may cross a road or street at an intersection
where the road or street has a posted speed
limit of more than 35 miles per hour.
(b) A person may operate a motor assisted
scooter on a path set aside for the exclusive op-
eration of bicycles or on a sidewalk. Except as
otherwise provided by this section, a provision
N
of this title applicable to the operation of a bicy- ...
cle applies to the operation of a motor assisted g
scooter. ~
ii"
(c) A county or municipality may prohibit ~
the operation of a neighborhood electric vehicle 0
or motor assisted scooter on any street or high- ~
way if the governing body of the county or mu- ...
nicipality determines that the prohibition is ~
necessary in the interest of safety. ~
(d) The department may prohibit the opera- ::i
tion of a neighborhood electric vehicle or motor 'E
assisted. 'scooter on a highway if it determines ~
that the prohibition is necessary in the interest
of safety.
(e) A provision of this title applicable to a :t
motor vehicle does not apply to a motor assisted i.
scooter. S'
(AddedbyL.2003~ chap. 1325(19.07), eft. 9/1/2003.) f
c:
CHAPTER 552. PEDESTRIANS ~
~551.301 e
SUBCHAPTER D. NEIGHBORHOOD
ELECTRIC VEHICLES
(Added by L.2003, chap. 1320(7), eft.
9/1/2003. See other Subchapter D below.)
~551.301. Definition.
(Multiple ~ions enacted. See other Section 551.301
below.) .
In this subchapter, "neighborhood electric
vehicle" means a vehicle subject to Federal Mo-
tor Vehicle Safety Standard No. 500 (49 C.F.R.
S~on ~71.500). (Added by L.2003, chap. 1320(7),
eft. 9/1/2003.)
~551.302. Registration.
(Multiple versions enacted. See. other Section
551.302 below.)
The Texas Department of Transportation
may adopt rules relating to the registration and
issuance oflicenSe plates to neighborhood elec-
tric vehicles. (Added by L.2003. chap. 1320('1).
eft: 9/1/2003.)
~551.303. Operation on roadways.
(a) A neighborhood electric vehicle may be
operated only on a street or highway foJ," which
tpe posted speed limit is 35 miles per hour or
less. A neighborhood electric vehicle may cross
a road or street at an intersection where the
road or street has a posted speed li~it of more
than 35 miles per hour.
(b) A county or municipality may prohibit
the operation of a neighborhood electric vehicle
on a street or highway if the governing body of
the county or municipality determines that the
prohibition is necessary in the interest of safety.
(c) The Texas Department of .Transporta-
tion may prohibit the operation of a neighbor-
hood. electric vehicle on a highway if that depart-
ment determines that the. prohibition is neces- Section
sary in the interest of safety. 552.001. Traffic control signals.
(Added by L.2003. chap. 1320(7). eft. 9/1/2003.) 552.002. Pedestrian right-oC-way if control signal
present.
SUBCHAPTER D. NEIGHBORHOOD 552.003. Pedestrian right-oC-way at crosswalk.
ELECTRIC VEHICLES AND 552.004. Pedestrian to keep to right.
MOTOR-ASSISTED SCOOTERS 552.005. Crossing at point other than crosswalk.
552 006 Use oC sidewalk.
(Added by L.200a. cooS 'Pb' 1325(19.07), eft. 552:007: Solicitation by pedestrians:
9/1/2003. S~e other u ch~pter D above.) 552.008. Drivers to exercise due care.
1551.301. Definitions.. 552.009. Ordinances relating to pedestrians.
(Multiple versions enacted. See other,.. Section ~552.O(h. Traffic control signals.
551.301 above.) '(a) A traffic control signal displaying green,
In this subchapter: red, and yellow lights or lighted arrows applies
./ (1) "Neighborhood electric vehy:le" means a to a pedestrian as provided by this section
vehicle subject to Federal Motor Ye~ic~e S~ety unless the pedestrian is otherwise directed by a
Standard 500 (49 C.F.R. Section 571.500). ' special pedestrian control signal.
;;t/ (2) "Motor assisted scoOter" means a self- (b) A pedestrian facing a green signal may
propelled device with: proceed across a roadway within a marked or
(A) at least two whElels in contact with the unmarked crosswalk unless the sole green signal
ground during operation;' is a turn arrow.
(B) a braking system capable of stopping . (c) A pedestrian facing a steady red signal
the device under typical operating conditions; alone or a steady yellow signal may not enter a
(C) a gas or electric motor not exceeding 40 roadway.
cubic centimeters; (Added by L.1995. chap. 165(1), eft. 9/1/95.)
(0) a deck designed to allow a person to
stand or sit while operating the device; and
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CITY ATTY OFFICE, PROSECUTORS T 92814701590
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child to ride or operata, a minimotorbike aD any
roadway, street, alley, aidlJW8lk or park within the
city limits.
(bJ An offense aDder this section is a misd~
meanor pwrlshable by a fins of not more than
$500.00.
(Ord. No. 05-664, 0 2, 5.24-05)
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CITY ATTY OFFICE, ~ROSECUTORS ~ 92814701590
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NO. 906
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: TBANSPORTATION.'CODE'~,;:.:.':::.'
Sec. 551.802
u) se,lf-balancing; and :.. ' ',', . ' " ,
,,2) propelled ,by an electric' propulsion 'S}'lI'-'
tlI1n With an average PQwer of:150:watta or,one
,'lrsepower. Leg.B. Stats: ,200S::78th Leg. Se8a.,
~t"1S18" effective September-l, ~003; " '.
'. " .
" .'
'I' ... '.
3 RaciDg. ':'
llii1s a DOumo
. pc;lwer; ':, '~'~,;.
may bold a eo
lad only wi~ .
lliW ei1f'orceman
.~:5~1.202. 'Operation-:on' RoiUJ,way,
Aperson'JnaY operate art.electrie personal
aBsiStive mobility 'devie'e on a residential street.
I!lfdway, or public bighway'With 'Q speed limit oE
" . g'.per hOUT'or less 'only: .., ", ' .,.. ",
~(l)".wlule making a direct crossing of a high.
., 'in a marked or unmarked crosswalk;' :
(2)::wh.ere no sidewalk is available; or
(3)"when so directed by a' 'traftic c~ntrol 'de.
, ce' ot by 'a law enfoJ'~ement officer;'" . ":".
ni)'; ~ pei'llon may operate.an electrjc personal
., e mobility"deviCe'on: IS patb:eet.aSi'de .for
~i1sive operation': of bicycles;" . " .
l2\i\y person operating an electric: personal
l~v~:mobility deVice- 'on Il residential street.
lOa \way, or,public highway eh81l ride as'c1ose as
, ctfcable to 'the liglit-handedft&: :." ,
f:E'xcejlt as 'otherwise providEld"by this see:
tioO" provisions of this title .applicable to the
'tiOll of bicycles awl)": to the operation of
. e persoD'~ assisti'll'E!' mobility deviees,
g,A: State. 2003 78th' Leg. Sess. Ch, 1318,
, .,Qve September 1, 2003',.
.','," .
LO,.. . ,'...
I 551.203. Sidewalks.,,'
. ~~on may C?pei'ate: .an:-electric personal
":vs I?obility, deYic~ 0'0. 'a sidewalk. 1.;eg.8.,
. IS003 '78th Leli:' Sa'ss. ,C.h.. 'lSfB" efI~ct.ive
e' ': +ber 1, 200~., ' :.....:.,'.. "
I . ~. .
tablish rules(,o
ID'. Leg.B. St.$
~ftective Sdp
, ,.
~~:. : SUBCHAPTER D
/ NEIGJiBoBiIOOD ELECTRIC
~" ~ilici..Es
.:: ":'. .' ' : ,
,'.r 551.S01.' ,[g',Versions: An1ended
a.~ Leg. Sese, Ch. 281] Defipitions.
~thi9 5ubehapter:' ." " '
,~::N4;lighbo.rhood, ,electric ,vehicle~ ,means Q'
;0' cle- subject to Federal'~otor'Vebicle:Saf'ety
S11,.ii~ 500 (49 C.F,R;.S:ection 571:500)...
2)lfMotor,aEleistBq :8CQoter";, ' ,...' . .. .
,(A}. ~eans a:self.propeUed de:vice with: ..
J.\ ,(i) at least two wheels in contact with
\tb:e'ground'duriIlg,operationj., ,. ,
:~ (ii), a: braking, system capable ohtopping.:
:~'~e. de:vice 'UDdet typical" op'<<u:~ting. ~ondi"'
;:tions; t. ,:.,..",,' '.'
, . :. (jii)i'a. gaB QJuil~tric-motor uot exceediDg
, ,4Q ~bic cen,tUnerers; , ,
. :~, ..j :~:fiy.) ,~,d~k designed to allow a person to
. . ; "s:t~J1~,rQr ,i,1.,~:hUl:l operating the device; and
,"I . ; "~hij}e',~~~li.ty. ~ be propelled by human
" ,:' 'Fm~Jli~.J~~~i,,~d ,.' ,
:, :;," q}) !~,9!J,~:.not. ~~lude:.s. pocket bike' or
. ,~irtl.otorbike.. "
, (3r.p~'icei bike o~ Dnnimotorbike- m~ans a.
'.. ,s~:p'~Pep~~ .ve~icl~ that ,is equipped with an '
. e~eccr.c. ~~or. O'~ inte1;Dal combustion engine
~avil\g a piston displacement of less than 50
. c~bic; centiDi~ters; is. designed to propel itself
With ,not' more than two wheels in contact with
t'he gr~imd..,l1as a se'at or sadcile ro~ the we of
~ op,ei~~Qr" ia not d~ed for use on a
high~aY;, and, j..s ineligible for a certificate of
, ti~l~' ,~der Ohapter 501. The term' doeS Dot
. UiclUde::-.' " . :' ' . . .' .'..
, ',:' . ~): :!l..#i~p'~~i.~r m,C?toTcYCle; .
, , '(B)' 'an'.;~lec"tric bicjcle or inotor~ven cy-
cle, as defined by, Section 541.201;
, . , I'. (C)" 'a'motonzed mobility device, ~ defined
by 'SeCtion '542.009;
. " "(pi' arl electric personal assistive mobility
device,' as' defined by Section 551.201; or
(E) a . neighborhood' electric' veliicIe.
Leg.H. ~tats. 2003 78th Leg. Bess. Ch. 1320,
. 'effeCtive' September I, 2008; Stats. 2003 78th
.Leg.:, S~s~, Ch. 1325, .effective September'l,
';':~20q3;' St~iS. 2QOp': 79th Leg. Sess." Cb. 281
,',' (HiB.. 27(2), ~ '2.86; effeCtive JUne 14, 2005.
Sec. 551.801.. [2 Versions: Amended
~9th Leg;' Sess., Gh.: lZ42] Definition.
lil. ,thiS ~bChapter; "neighbOrhOOd electric vehi-
cle" means a vehicle su~ect 'to Federal Moter
Vehicle Safety..Standard '500. (49 a.F.R. Section
571.500), Leg.H. Stats. 2005 79th Leg. Sess., Cb.
1242' (H,~:'1596); ~ 2, effective Juile 18. 2005.
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Sec, 551.302, (2'Versions: Added by ,
78th Leg. Sess. Ch. 132~) Registration.
The 1UaS' Departnient of Transportation may
adopt'rulEis relating to the ,regiatration and islSll-
aoce 'dt )"jcen86';platea to neighbOrhoOd electric
v:WCles:"Leg;a' St.a~, '2003 78th Leg. Sass. Cb..
1320'; effective September I; 200S. " ..
Sec. 551.302. Repealed.
,;,~pe.aled, by ,:Stab'b :,2005. 79th Leg, S6SS., Ch.
12!l2. (Ii'.B. 1596),' 6 4, effec:iive, JUDe '18.
2.00i.St!lts\:.2003:Jt8th ,Leg. SesS'. Ch. 1325; effac.
nVB:SepWmbe.r.l. 2003. '
10/14/2005
14: 14
CITY ~TTY OFFICE, PROSECUTORS ~ 92814701590
TEXAS.CR.IMJNA'D'AND TBAFFlC LAW
Sec. 651,303
speed llinit is 35 'miles 'per hour, or. ,less.
m:otor."usisted scooter may:cro9S'.a. road,or
at an.:intersection -where' the toad. or. stree
posted $peed liinifofmore than. 35 miles'Pli!!t 0
(b) A coUnty or municipiility:may pram>>.l
operation of a motor-assisted scooter on a S eet
highway, or mdewalk ifthe.goveming:bQdy~~Ff1e
county or municipality determines that.thl?:p.Z:
hibitiQn is necessary in.the intere!lt of,Qaf~~
(c).The department may prohibit the o~rat;iO
of a motor-assisted 'scooter on a highwaY.! " .
detei'mine~ that the prohibition is' neC!ess'~
the interest of safety. '.
(d) A persOIi. .may operate a. motQt-a.'lS~
scoo~et on' a path set aside for 'tnl;. 'ex USI'\!
operation or bicycles .or p~ a aidewraUt. ~ .
otherwise provided by this sec~n, l;\l.Plj
this t~Ue: applicable to, th~, operati,on-, ~f.
applie8 ~o tl;le, operation. oC,.~ mo~o..'
scooter. . ' ':. " . '.,
,(e),.A :provision of this title .applic\\ble
motor vehicle dO~6 not apply to a motor.
scooter. Leg.H. Stats. .2005.19th Leg.,.!~
1242 (H,B, 1596), ~ ~,etrecti:"e June ~~. 2a
S.ec. 551.308; . Operation on .Road-
ways, :: .... ::', ' ":'
(a) A neighborhood 'electric: vehicle may be op-
erated only oll a:sti:eetar hignwaY'for.wlUch the
posted speed limit is 35 ~e~ 'per hour or l~~. A
neighborhood electric: vehicle may' cross a: .road or
8treet at an intersection where tbe road or street
haa a posted speed liJl,iit of Illore than 35. miles per
hour: . .... .,., ." . :
(b) A county or municipality may prohibit. the
operation of a neighborhood electric vehicle on a
street or highway if the gOverning bCl"dy 'of tl1e
county or m'Ullicipalil;y detsrm.in.8s that th'e"p'~o-
hibitidn i& n.ecessary in the interost of safety:: ,
(c) The Teus Depai'tment "of Tran.sportati,qn
m.~y prohibit tb8 cipe~~tion, of a"1ieig~bOr~qod
elect* ve~cle on a highway' if: :th~t' ~ep.~~llt
d'stermiiles that the pl'obl1,j,tion is. necessal7. in
the interest of safety. LeI.H. Stats. 20Q'3' ,78th
Leg. Sess. ell. 1320,' effective. ~ept~~er. ~, 2003.
Se~ .~51.S~., Application ~f' ~ub,cb~p-
ter to pocket Bike or, Mimmoto....bike. '
This subf;hapter may not be ~ani!ti;ue!i,):o au-
thorize':;~ operanoll of a .pocket ,bike or'
~otorbike oiuiny:. .
(1) highway, road.. or stz:eet;: ,., ' '
(2) path set aside for tb,e exd~ive. oper.ation
.ofbicycles; or, ' . . '. --'"
(3) sid~wa1k. LegJl. S~~. ~095J9th "Leg.
Sess., Ch. 281 (H.B. 2J9.2), ~ .2.87, e.a:ecti~e
Ju.ne 14. 2005. .
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'CHAPTER 552
P:EDES~S
S4CtiOIl
652.001. Traffic Control Signals. .
652.002. Pedestri!lll Right,.Qf-W~y if ~,ontrO
PrassDt; . , . '.." .' .:"
6~2.003. PGde9tr.ia~.Right"Pr.Way at Cl"Os.
552.004. Pedestrian to'Keep to ~gbt. . .!
662.005, Crossing llt Point Other Than S&
652.006., Ole or Sidewalk: . .,
662.007. SolicitatiOll by PedestriaO.s.
552'.0071. LoaU Autbori3;atiou fat SollcieatiOI1.
desirian.. .'. '," '0..
552.008. Drivets to'ExerCise' Due Care. ",
6~2.00~.' Ocdmunce8.Rel~t:ing,to Pedestri
'. .
See. 55J.S51. Qefinition. '"
In this &\lbchapter;: "motor-asl!!isted: scoo~.
raeans a self-propelled device with:
(1) at least two wheel!! in cQntact with the
ground during operation; " '. .
(2) a bToking SY6'ttm1 c:apabl~ of'stoppiM the
devica under iypital operating conditions; :
(3) a gas, or elec:tric rn~to1' not, exceeding 40,
cubic centimeters; . , ,',. " ,.:,' ,'.: '
(4) a derk designed ,tq allOW"~., J>8Json 'w'
stand ot sit while oper~ting the d~vi,ce; and,. .
(5) .the ability to be :ptopellod"by h~an.,
power' alone., LegJl,"St~ie..:2005 .79th..Leg;
Sess., Ch. 124~ .(}l.B: 1596), g. 3" e.ft'ective J~e-
18, 2006.
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Sec. 552.001. Traffic Control S'
. (a) A. traflic control. sigrial displa .
red, and y.ello:w lights or lighted arroWS
l\ pedestrian as provided by this' sect
the pedestrian .js, otherw.ise directed by II.
pedestrian control sigJW.' .
0J) A pedestrian 'facing a green s'
proceed across a' roadway within a
uumai'ked crosswalk unless,the sole gtlil
is. a tum anow. '.
(e) A pedestrian' facing, 11.: steady ie6
alone 01' a s\;eady yellow.aignal may nil.
roadway. Leg.lI; Stats. 1995 -74th Leg:.se $.
166. effective Septembe'l-' 1, 1996.
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Sec. SoU~~2. Operation OD Road1VsyS
or SidewalkS. . ".., . .'
. (a) A motor-assisted scooter may be operated
only on a !;treet or highlvflY for which the pil~ted
<. . Oct. 14. 2005 11: 44AM
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Deer Park Police Department
29// Center
Deer Park, Texas 77536
28/-478-2000 -'. _n..,
faX/28 1-478-57/0
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To.:.Lt. Carl Crisp'
Fax Number....Z81-47o-1639
From:.Sgt M.B. Magee
Number of Page$.__ 4
Date~ 10/14/2005
Additional Commentr.,- Lieutenant; attached is the cilJl ordinance
and the write up by the Texas Department on Public Saretyon the
miniatUre motorcycles that Captain Sturrock promised you. If you
need anything else please contact me anytime.
Please call with any problems with receipt ofm", Thanks!
Information contained in this fax is
CONFIDENnAL
. Oct. 14. 2005 11: 44AM
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Pocket bikes illegal on public streets
Miniature motorqcles ~ illegal to operate on public roadways, a.ccording to the Texas
Departtnent of Public Safety.
The miniature motorqcles - also know 3$ pocket bikes and pocket rockets - can only be
operated on private property.
"'The pocket bikes are becoming more popular, and they are illegal and dangerow on public
roadways," said DPS Director Col. Thomas Davis,Jr. "Some buyers have been told they are
legal on public streets in certain circutmtarlces, but there are no exceptions, period."
One misconception is that they meet the legal defmition of a motor assisted scooter.
However, pocket bikes do not meet the statutory requirements of a l11otor assisted scooter Q
stated in Chapter 551.30 I of the Texas Transportation Code.
There are several reasons why the mini-motorcycles are illegal on public roadways, but the
two primary reasons are that they cannot be registered as vehicles and they do not meet
equipment standards required by federal and Texas law
Drivers using mini-motorcycles on public streets could face numerous potential citations,
including operating an u.,registered vehicle, no driver license, no insurance and various
equipment violations. It is abo illegal to operate pocket bikes on sidewalks.
''It could be a very expensive proposition to use these vehicles on public road$, so our advice
is don't," said Davis.
In Texas, there have been a number of injury crashes involving pocket bike3. and at least
one fatality in Laxedo inJanuary. *
.An Im.portant Message fromJust Right Boots
Just Right Boots has entered into a cooperative effort to provide a line of quality foot wear
to members, family, and friends of the T~ Police Association. According to our
agreement, the Texas Police A3sociation will receive a portion of the profit from all boot
sales sold from our web page (go to JustRightBoots.com and click on.~as Police
Association to view foot wear). The products being offered are from theJustin, -~y Lama.,
.\
and Chippewa boot lines and are being offered at special~ount price~\'Each boot
features a distinctive logo or insignia indicating it wu SF' prepared f?f the Texas
Police Association. During these times of world crisis, we reali e need for if inaea.se
in the training and education of police officers despite depar ntal budget <\Onstra.ints.
We at Just Right BootS are honored to assist the Tens PO ce AS$Ocia.tio:Q. in their
co~tinuing efforts to provide the very best in education and training availa.bl~lfor Texas
Police OffiQUs, \Y .\
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Jvne, 2005
. Oc~ 14. 20051.11 : 45AM..ATIOWOR MOTOR ASSISTED SCOOTERS.
No.0128PaIP. 3>f2
ARllClE VII. REGULA 110NS FOR MOTOR ASSISTED SCOO11!RS*
*Edltor's note: Ord. No. 2990, adopted Sep. 21, 2004, penained to regulations for motor assisted
scooters and these provisions were designated as 55180.01-180.05. For purpose of classification and
to facilitate indexing and reference, the editor has redesignated 55180.01-180.05 as 5S 62-201-62-
205.
See. 62.201. Definitions.
The fOllowing words, tenns and phrases, when used In this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Custodian means the natural or adoptive parent or court-appointed guardian or conservator of
a child.
Helmet means properly fitted protective headgear that is not structurally damaged and that
confonns to the standards of the American National Standards Institute, the American Society for
Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory
jurisdiction over bicycle helmets, as applicable, at the .time of the manufacture of the helmet.
Motorized scooter means a self-propelled device with at least two wheels in contad with the
ground during operation, a braking system capable of stopping the device under typical operating
conditions, a gas or electric motor 40 cubic centimeters or less, a deck designed to allow a person to
stand or sit while operating the device, and the ability to be propelled by human power alone. All
electric self-propelled devices with lesS than 150 watts, all electrical self-propelled devices used for
medical or disability purposes and neighbort1ood electric vehicle which is defined as a vehicle subject to
Federal Motor Vehicle Safety Standards 500 (49 C.F.R. Sec. 571.500) (Tex. Trans. Code Section
551.301[1][2]) shall be exempt from this regulation.
Public way or public property means real property owned, leased or controlled by a political
subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that
is publicly owned or maintained or dedicated to public use. This term does not include a sidewalk.
Wearing a helmet means that the person has a helmet fastened securely to hislher head with
the straps of the helmet securely tightened in the manner intended by the manufacturer to provide
"maximum protection.
(Ord. No. 2990, S II, 9-21-2004)
,See.. 62-202. Restrictions and prohibitions for motor assisted scooters.
The following restrictions apply to persons using motor assisted scooters and their custodians:
(1) It shall be unlawful for any person to operate or ride a motorized scooter on any
sidewalk, public ways or public property located within the territorial limits of the city.
(2) It shall be unlawful for any person under the age of 14 years of age to ride or
operate a motorized scooter on an alley, street, road, or highWay.
(3) It shall be unlawful for a custodian to allow or permit a child under the age of 14 to
operate or ride a motorized scooter on any sidewalk, public way, public property, alley,
http://libruy.municode.com/mccIDocViewll 063S/1/157/166?hilite=motor;motors;scoote... 10/14/2005
! r q~,,:.J~-10Q~.U.:..4J~M..ATIOWORMOTORASSISTED SCOOTERS.
No.0128Pa!P. 4,f2
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street, road or highway.
(Otd. No. 2990, 5 II, 9-21-2004)
Sec. 62..203. Additional restrictions.
In addition to the restrictions in sec. 62-202(1) and (2) above, it is unlawful:
For any person who is at least 14 years of age but under 18 years of age to operate or ride a
motorized scooter on any alley, street, road or highway within the city, unless the person is
wearing a helmet
(Ord. No. 2990, 511, 9-21-2004)
See. 82..204. Penalty.
A person who violates any proviSions of this article shall be guilty of a Class C misdemeanor
and. upon conviction shall be fined as provided in Deer Part( City Code of Ordinances.
(Ord. No. 2990, S II, 9-21-2004)
hUp:/llibwy.municode.comlmetlDocView/10635/1/1571166?hilite=motor;morors;scoote... 10/1412005
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
10-24-05 Budl!et
Requested By:
Source of Funds: N/A
Department:
Polil:e
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Workshop Materials - H.B. 87
Section 545.356 Transportation Code
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
H.B. 87, Section 545.356 Transportation Code allows a municipality to lower prima facie speed limit to 25 MPH.
The governing body of a municipality must determine that the prima facie speed limit is unreasonable or unsafe and
meets certain requirements.
The speed limit change can be made effective when the municipality erects signs giving notice of the new limit and
at all times or at other times as determined.
J>et.> W)i~c- a.U-4.,~
Action Required bv Council:
Review H.B. 87, Section 545.356 Transportation Code and provide direction whether they wish to implement this
change and how they wish to implement.
Approved for Citv Council Ae:enda
Deb~
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Date (
79(R) HB 87 - Enrolled version.ill Text
-
Page 1 of2
H.B. No. 87
AN ACT
relating to the authority of a municipality to alter speed limits in
an urban district within the municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.356, Transportation Code, is amended
by adding Subsections (b-l) and (b-2) and amending Subsection (c)
to read as follows:
(b-l) Except as provided by Subsection (b-2), the governing
body of a municipality, for a highway or a part of a highway in an
urban district in the municipality that is not an officially
designated or marked highway or road of the state highway system, is
35 feet or less in width, and along which vehicular parking is not
prohibited on one or both sides of the highway, may declare a lower
speed limit of not less than 25 miles per hour, if the governing
body determines that the prima facie speed limit on the highway is
unreasonable or unsafe.
(b-2) Subsection (b-l) does not apply to a highway or part
of a highway that has four or more lanes used for vehicular travel.
(c) A prima facie speed limit that is altered by the
governing body of a municipality under Subsection (b) or (b-l) is
effective when the governing body erects signs giving notice of the
new limit and at all times or at other times as determined.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September I, 2005.
President of the Senate
Speaker of the House
I certify that H.B.
31, 2005, by the following
voting; and that the House
No. 87 on May 13, 2005, by
present, not voting.
No. 87 was passed by the House on March
vote: Yeas 147, Nays 0, 2 present, not
concurred in Senate amendments to H.B.
the following vote: Yeas 141, Nays 0, 1
Chief Clerk of the House
I certify that H.B. No. 87 was passed by the Senate, with
amendments, on May 9, 2005, by the following vote: Yeas 30, Nays 1.
http://www.capitol.state.tx.us/tloI79R/billtext/HB00087F.HTM
10/11/2005
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H. B. 87 section 545.356 Transportation Code
Municipality may lower prima facie speed limit to 25 MPH
Cannot if :
Roadway is an officially ~esignated or marked highway or road of the state
highway system. .
Is over 35 feet wide.
If parking is prohibited along one or both sides of the highway.
(b-2) If road has 4 or more lanes.
Governing body of municipality must determine that the prima facie speed limit is
unreasonable or unsafe.
Effective when municipality erects signs giving notice of the new limit and at all times or
at other times as determined.
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REPORT ON DOT SCALE USAGE
The DOT scales were picked up on Thursday, October 6th, 2005. The scales were put
into service on Monday, October 10th, 2005.
During the period of October 10, 2005 through October 17, 2005 sixty-four (64) trucks
were weighed, sixty-five (65) weight violations were found and twenty-five (25) citations
for weight violations were issued.
The reason there were only twenty-five (25) citations is because the Memorandum of
Understanding with Texas Department Public Safety dictates when multiple weight
violations occur a citation can be written for only one violation, which is the greatest
weight violation.
Baytown Police Department and Shoreacres Police Department have also been able to
utilize these scales during this period.