ARTICLE 19. MISCELLANEOUS PROVISIONS
SECTION 19.01. Section 201.601, Transportation Code, is amended by adding Subsections (c) and (d) to read as follows:
(c) The plan must include a component that is not financially constrained and identifies transportation improvements designed to relieve congestion. In developing this component of the plan, the department shall seek opinions and assistance from officials who have local responsibility for modes of transportation listed in Subsection (a).
(d) The plan shall include a component, published annually, that describes the evaluation of transportation improvements based
on performance measures, such as indices measuring delay reductions
or travel time improvements. The department shall consider the
performance measures in selecting transportation improvements.
SECTION 19.02. Section 222.103(h), Transportation Code, is amended to read as follows:
(h) Money granted by the department each [federal] fiscal year under this section may not exceed $800 million [30 percent of the obligation authority under the federal-aid highway program that is distributed to this state in that year]. This limitation does not apply to money required to be repaid.
SECTION 19.03. Subchapter E, Chapter 548, Transportation Code, is amended by adding Section 548.257 to read as follows:
Sec. 548.257. LOST, STOLEN, OR DESTROYED CERTIFICATE.
(a) If an inspection certificate is lost, stolen, or destroyed during the period during which the certificate is valid, the vehicle must be reinspected and any applicable fee paid before a new certificate is issued, except that the vehicle is not subject to any emissions inspection. The replacement certificate is valid for the remaining period of validity of the original certificate.
(b) The department by rule shall specify the method for establishing that:
(1) the certificate has been lost, stolen, or destroyed; and
(2) the reinspection is within the period of validity of the lost, stolen, or destroyed certificate.
(c) As part of its rules under Subsection (b), the department shall adopt measures to ensure that the reinspection procedure provided by this section is not used fraudulently to avoid any required inspection.
SECTION 19.04. Section 544.007, Transportation Code, is
amended by adding Subsection (i) to read as follows:
(i) An operator of a vehicle facing a traffic-control signal
that does not display an indication in any of the signal heads shall
stop as provided by Section 544.010 as if the intersection had a
stop sign.
SECTION 19.05. Section 545.151(a), Transportation Code, is amended to read as follows:
(a) An operator approaching an intersection:
(1) shall stop, yield, and grant immediate use of the intersection:
(A) in obedience to an official traffic-control device, including a stop sign or yield right-of-way sign; or
(B) if a traffic-control signal is present but does not display an indication in any of the signal heads; and
(2) after stopping, may proceed when the intersection can be safely entered without interference or collision with traffic using a different street or roadway.
SECTION 19.06. (a) Section 545.066(c), Transportation Code, is amended to read as follows:
(c) An offense under this section is a misdemeanor punishable by a fine of not less than $200 or more than $1,000, except that the offense is:
(1) a Class A misdemeanor if the person causes serious bodily injury to another; or
(2) a state jail felony if the person has been previously convicted under Subdivision (1).
(b) The change in law made by Section 545.066(c), Transportation Code, as amended by this section, applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date.
(c) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.
SECTION 19.07. Chapter 551, Transportation Code, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES AND MOTOR-ASSISTED
SCOOTERS
Sec. 551.301. DEFINITIONS.
In this subchapter:
(1) "Neighborhood electric vehicle" means a vehicle subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
(2) "Motor assisted scooter" means a self-propelled device with:
(A) at least two wheels in contact with the ground during operation;
(B) a braking system capable of stopping the device under typical operating conditions;
(C) a gas or electric motor not exceeding 40 cubic centimeters;
(D) a deck designed to allow a person to stand or sit while operating the device; and
(E) the ability to be propelled by human power alone.
Sec. 551.302. OPERATION ON ROADWAY.
(a) A neighborhood electric 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 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.
(c) A county or municipality may prohibit the operation of a neighborhood electric vehicle or motor assisted scooter on any street or highway if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
(d) The department may prohibit the operation of a neighborhood electric vehicle or motor 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 motor vehicle
does not apply to a motor assisted scooter.
SECTION 19.08. (a) Section 681.001, Transportation Code, is amended by adding Subdivision (7) to read as follows:
(7) "Stand" or "standing" means to halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers.
(b) Section 681.011, Transportation Code, is amended by amending Subsections (a)-(c), (e), and (m) to read as follows:
(a) A person commits an offense if:
(1) the person stands [parks] a vehicle on which are displayed license plates issued under Section 502.253 or 502.254 or a disabled parking placard in a parking space or area designated specifically for persons with disabilities by:
(A) a political subdivision; or
(B) a person who owns or controls private property used for parking as to which a political subdivision has provided for the application of this section under Subsection (f); and
(2) the standing [parking] of the vehicle in that parking space or area is not authorized by Section 681.006, 681.007, or 681.008.
(b) A person commits an offense if the person:
(1) stands [parks] a vehicle on which license plates issued under Section 502.253 or 502.254 are not displayed and a disabled parking placard is not displayed in a parking space or area designated specifically for individuals with disabilities by:
(A) a political subdivision; or
(B) a person who owns or controls private property used for parking as to which a political subdivision has provided for the application of this section under this Subsection (f); or
(2) stands [parks] a vehicle displaying a white on red shield disabled parking placard or license plates issued under Section 502.253 in a space designated under Section 681.009(e) for
the exclusive use of vehicles displaying a white on blue shield
disabled parking placard.
(c) A person commits an offense if the person stands [parks] a vehicle so that the vehicle blocks an architectural improvement designed to aid persons with disabilities, including an access
aisle or curb ramp.
(e) In a prosecution under this section, it is presumed that the registered owner of the motor vehicle is the person who left
[parked] the vehicle standing at the time and place the offense occurred.
(m) A person commits an offense if the person:
(1) stands [parks] a vehicle on which are displayed license plates issued under Section 502.253 or a disabled parking placard in a parking space or area for which this chapter creates an exemption from payment of a fee or penalty imposed by a governmental unit;
(2) does not have a disability;
(3) is not transporting a person with disability; and
(4) does not pay any applicable fee related to
standing [parking] in the space or area imposed by a governmental unit or exceeds a limitation on the length of time for standing
[parking] in the space or area.
(c) The change in law made by this section applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date.
(d) An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.
SECTION 19.09. Section 451.362, Transportation Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:
(a) Notwithstanding other provisions of this chapter and except as provided by Subsection (c), the board, by order or resolution, may issue bonds that are secured by revenue or taxes of the authority if the bonds:
(1) have a term of not more than 12 months; and
(2) are payable only from revenue or taxes received on or after the date of their issuance and before the end of the fiscal year following the fiscal year in which the bonds are issued.
(c) In an authority in which the principal municipality has a population of 1.5 million or more, bonds may have a term of not more than five years. The bonds are payable only from revenue on taxes received on or after the date of their issuance.
[ARTICLE 19A. RESERVED]
ARTICLE 19B. FINANCIAL RESPONSIBILITY REQUIREMENTS
SECTION 19B.01. Chapter 601, Transportation Code, is amended by adding Subchapter N to read as follows:
SUBCHAPTER N. DATABASE INTERFACE SYSTEM TO VERIFY FINANCIAL RESPONSIBILITY
Sec. 601.450. FEASIBILITY STUDY.
(a) The department and the Texas Department of Insurance shall jointly conduct a study on the feasibility, affordability, and practicability of using a database interface software system for verification of whether owners of motor vehicles have established financial responsibility
as required by this chapter. The study must include consideration of an affirmative finding that the system:
(1) is likely to reduce the number of uninsured motorists in this state;
(2) operates reliably;
(3) is cost-effective;
(4) will sufficiently protect the privacy of the motor vehicle owners; and
(5) will sufficiently ensure the security and integrity of each database to which it is applied.
(b) Before July 1, 2004, the department and the Texas Department of Insurance shall complete the study and jointly issue an order stating a determination of whether the system should be implemented.
(c) If it is determined that the system should be implemented, the department may implement the system before January 1, 2005, and this section expires January 1, 2005. The department is not required to carry out the other sections of this subchapter before the determination is made.
(d) If it is determined that the system should not be implemented, this subchapter expires on the date of issuance of the order stating the determination.
Sec. 601.451. IMPLEMENTATION OF SYSTEM; RULES.
(a) The department may establish a database interface software system for verification of whether owners of motor vehicles have established
financial responsibility.
(b) The department shall adopt rules to administer this subchapter.
Sec. 601.452. AGENT.
(a) The department, under a competitive bidding procedure, may select an agent to develop, implement, operate, and maintain the system.
(b) The department and the Texas Department of Insurance shall jointly enter into a contract with the selected agent.
(c) A contract under this section may not have a term of more than 10 years.
Sec. 601.453. INFORMATION PROVIDED BY INSURANCE COMPANY; PRIVACY.
(a) Each insurance company providing motor vehicle
liability policies in this state shall allow a chosen agent sufficient access to its databases to allow the agent to carry out this subchapter, subject to the agent's contract with the department and the Texas Department of Insurance and rules adopted under this subchapter.
(b) The agent may have access only to information determined by the department and the Texas Department of Insurance to be necessary to carry out this subchapter.
(c) Information obtained under this subchapter is confidential. The agent may use the information only for a purpose authorized under this subchapter and may not use the information for a commercial purpose.
(d) A person commits an offense if the person knowingly uses information obtained under this subchapter for any purpose not authorized under this subchapter. An offense under this subsection is a Class B misdemeanor.
SECTION 19B.02. Section 502.104, Transportation Code, is amended to read as follows:
Sec. 502.104. DISPOSITION OF CERTAIN SPECIAL FEES.
Each Monday a county assessor-collector shall send to the department an amount equal to collections for the preceding week for:
(1) each transfer fee collected under Section 502.175; and
(2) each fee collected under Section 502.169(b), 502.1715, or 502.279.
