Anybody in state Rep Mike Villareal's district? He's the only coauthor still in the state Legislature of the bill that got electric bicycles protection from being banned from any roadway primarily used by motor vehicles. (TC551.106(a)) Unfortunately, the protection on nonelectric bicycles isn't so clearly stated; the Transportation Code grants "all rights and duties" of any other vehicle, (TC551.102) but then the Local Government Code permits cities to ban bicycles from roadways at their discretion. (LGC217.003(c))

Since the state defines an electric bicycle in part as unable to “attain a speed of more than 20 miles per hour without the application of human power,” (TC541.201) one cannot assume they felt that an electric bike would be better able to keep up with traffic. As such, I'd really like to get Villareal's input as to why they only extend this explicit protection to electrics, and not all bicycles.

Did they feel that "all rights and duties" was enough, in spite of the LGC specifically allowing municipalities to ban bicycles? Did they just overlook the lack of equal protection for nonelectric bicycles? Were only the e-bike lobbyists throwing enough money at them?

Unfortunately, not being in his district, I haven't gotten a reply from him yet. I have enlisted my Rep to ask him as well, but it would be even more helpful if a few people in his own district could raise the question and push to get a bill ready for the 2011 session to extend this protection to all bicycles.

Heck, even if you're not in his district, write to your state Rep and Senator to ask for such a bill in the upcoming session. https://www.capitol.state.tx.us/

For reference:
Transportation Code 551.101. RIGHTS AND DUTIES. (a) A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless:
(1) a provision of this chapter alters a right or duty; or
(2) a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle.
(b) A parent of a child or a guardian of a ward may not knowingly permit the child or ward to violate this subtitle.

Transportation Code Sec. 551.106. REGULATION OF ELECTRIC BICYCLES. (a) The department or a local authority may not prohibit the use of an electric bicycle on a highway that is used primarily by motor vehicles. The department or a local authority may prohibit the use of an electric bicycle on a highway used primarily by pedestrians.
(b) The department shall establish rules for the administration of this section.

Transportation Code 541.201(24)(24) "Electric bicycle" means a bicycle that:
(A) is designed to be propelled by an electric motor, exclusively or in combination with the application of human power;
(B) cannot attain a speed of more than 20 miles per hour without the application of human power; and
(C) does not exceed a weight of 100 pounds.

Local Government Code 217.003(c) The governing body may restrain or prohibit the firing of firecrackers or guns, the use of a bicycle or similar conveyance, the use of a firework or similar material, or any other amusement or practice tending to annoy persons passing on a street or sidewalk.

Now, as to what, specifically, we should ask for in the bill, I'm open to suggestions. I don't know if they'd go for a complete immunity from road bans, but we could require that, if a city wants to ban bikes along a section of roadway, they must post said section with clear signage and provide a properly maintained and posted alternate route, fully accessible from the prohibited road, with full access to all points along the prohibited road, without imposing significant detours. (i.e. a parallel bike route one block over is fine, but a 2 mile MUP winding around a quarter-mile prohibited section isn't, and crossing the prohibited road must be allowed.)

This is essentially the method used with a lot of things in law; make it possible for them to do it, but make it hard enough that they'll really have to want to, and ideally make it so that the people they're trying to inconvenience will actually come out ahead.

I'll stop following up my own posts now and let someone else weigh in on this for a while

Well, now that ChipSeal has been convicted of reckless driving (a class B misdemeanor) for riding in the lane on a state highway, we need some action at the state level even more.

https://dfwptp.blogspot.com/2010/08/c...admirable.html