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Old 06-26-09, 01:34 AM   #1
whamOAWG
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HB 827 makes riding more than 3ft from curb unlawful

2009-06-26T07:30:10Z
If HB 827 becomes law, and you are riding more than 3' from the road edge you are in violation of the law; and if you are hit while in violation of the law, the perpetrator of the hit is exonerated.

Bicycle riders will no longer be able to legally pass another vehicle moving in the same direction, move to the left of the lane to make a left turn, avoid a fixed or moving object or road condition, or ride two abreast.

Legislative Session: 81(R)
Bill: HB 827 by Linda Harper-Brown (former SB 488 by Ellis)

A BILL TO BE ENTITLED AN ACT
relating to the operation of a motor vehicle in the vicinity of a vulnerable road user; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.428
(4)
(b) A vulnerable road user, as defined by Subsection (a)(4),
may not operate more than three feet from the right edge line of
pavement on a highway or street.
(k) The presumption provided by Subsection (d) does not
arise and may not be applied against the operator of the motor
vehicle if at the time of the offense the vulnerable road user was
acting in violation of the law.

SECTION 2. This Act takes effect September 1, 2009.

http://www.legis.state.tx.us/billloo...81R&Bill=HB827
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Old 06-26-09, 07:08 AM   #2
Griffin2020
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This bill was killed before 488 was even voted on by both houses
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Old 06-26-09, 08:55 AM   #3
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It was dead clear back in April.
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Old 06-26-09, 09:05 AM   #4
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remember the author at election time.
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Old 06-26-09, 09:23 AM   #5
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Actually, both Harper-Brown and and Ellis are supporters of cycling in Texas. The 3 foot from the edge of the roadway language was not in the bill as written, that was added in commitee, which is the reason that it was allowed to die (and they believed that 488 would pass and Governor Good-hair would sign it).
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Old 06-26-09, 09:25 AM   #6
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remember the author at election time.
The 3 foot from the curb language was from the amended version out of the House Transportation committee, not in the original language of HB 827. As such, I'd give her the benefit of the doubt. After the lousy language got in, the bill kind of died and SB 488 took to the forefront. After it passed the Senate it had to go through the same House Transportation Committee and you should note that they didn't add back the same 3-feet-from-the-curb language. I think they found out how unsafe it was and how it didn't apply the way they thought it did.
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Old 06-26-09, 09:27 AM   #7
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Dang it, Griffin2020 beat me to it, and he was more concise to boot!!

Off the topic, but is OP potentially a troll? He just joined BF today and he's posting with a pic of the legislator in question.
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Old 06-26-09, 09:29 AM   #8
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Is she receiving his kiss or preparing to smack him upside the head?
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Old 06-26-09, 10:59 AM   #9
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Adding an amendment unpalatable to a bill's original sponsor, OR unpalatable to the governor, is a good way to kill a bill. It is necessary to PAY ATTENTION to this political stuff, as a bill moves along. Just as HB 488 started off as something good, it had stuff added that had me scratching my head about unintended consequences, and I did not mourn its demise in its FINAL form, and even though I am no fan of Gov. Perry, his reasons for vetoing HB 488 actually made sense to me.

For those of y'all unfamiliar with such things, it often takes several legislative sessions to get a bill through the system, especially in Texas, with its short sessions. Bills that are rammed through the process often take some tweaking in the next session or two. And, then, you have to pay attention that something is not changed that makes no sense, such as a change in wording in the Penal Code that made it technically illegal for police officers to carry handguns! That actually happened within my memory, and it had to be undone in the next session, after spending two years on the books.
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Last edited by Rex G; 06-26-09 at 11:07 AM. Reason: clarification
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Old 06-26-09, 11:45 AM   #10
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Originally Posted by Rex G View Post
For those of y'all unfamiliar with such things, it often takes several legislative sessions to get a bill through the system, especially in Texas, with its short sessions. Bills that are rammed through the process often take some tweaking in the next session or two. And, then, you have to pay attention that something is not changed that makes no sense, such as a change in wording in the Penal Code that made it technically illegal for police officers to carry handguns! That actually happened within my memory, and it had to be undone in the next session, after spending two years on the books.
This is, I believe the third session that this bill, or something like it has been brought up. Last session there was some nonsense similar to the 3 feet from the curb in 827, so it was killed.

All residents of TX should be required to attend or at least watch a couple of days of the legislature in action. There is a very good chance that there would be a major shakeup in the rolls were that to happen. Some of these people are absolutely clueless. My Senator was absent most of the session. Guess he had more important things to attend to than the business of the state. Of course, he is a long-time Senator. Maybe it is about time we replaced him.
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