In
January 2003, the 78th Texas Legislature convened
and by late summer, the federal transportation funding
legislation known as TEA-21 will be due for reauthorization.
TBC is all over these like Lance on the Alp d'Huez!
State
Issues:
TBC learned a lot soundly defeating SB238, the
"Bad Bike Bill", in the 2001 legislative
session, and passing the Matthew Brown Act that
included the Safe
Routes to School program. Instead of bikes
being banned from some of the best roads in the
state, more streets are being made safer and better
for us, thanks to TBC and our members.
In
the upcoming legislature TBC's highest priorities
will be a "Share the Road" license plate
program and a law that will require a safe passing
clearance.
The
license plate program will allow TBC to develop
a custom license plate slogan that spreads the
share-the-road message, allows motorists to show
their support for cycling (most cyclists own cars),
and at the same time raise revenues for TBC to
make cycling safer and better in other ways. The
safe passing law would require a motorist to give
at least three feet of clearance when overtaking
a cyclist (six feet for trucks and buses). A motorist
would be automatically fined for hitting a cyclist
as a result of failure to provide safe clearance
and would still be liable for additional criminal
and civil prosecution under existing laws.
Another
TBC bill would tie helmets to and emphasize safety
education. TBC recognizes that bike helmets save
lives, but that the ordinary well-meaning bike
helmet laws have little effect. This bill would
become a higher priority if we see the typical
bike helmet bill reintroduced. TBC will also introduce
a bill to clarify when and under what circumstances
the Texas Department of Transportation, a city,
or county could prohibit bikes from a shoulder
or roadway. This bill would not allow any prohibitions
against cycling unless a safe and equally convenient
alternate was available with equal access to the
same destinations.
Longer
term, TBC is looking at adjusting speed limit
laws and ensuring that bikes are accomodated in
all transportation projects and plans. Right now
it is sometimes difficult for cities to set a
reasonable speed limit that takes into account
the safety of all road users. Additionally, the
needs of cyclists and pedestrians are frequently
overlooked in new road construction and reconstruction.
Federal
Issues:
At the same time as the Texas Legislature is meeting
in Austin, TBC will also be active at the federal
level in renewing the nation's surface transportation
policy. In March 2002, U.S. Senator Kay Bailey
Hutchison (R-TX) agreed to co-chair the Senate
Bike Caucus after meeting with a delegation from
the Texas Bike Industry and TBC. Hutchison will
play a key role in the re-authorization of TEA-21due
to her assignments on both the appropriations
committee and on the commerce, science, and transportation
committee.
With
TBC and our members leading the charge at the
state and federal level, count on Texas becoming
an even bigger, better bicycling state than ever!
Dan
Lundeen is an intellectual property attorney in
Houston, has served as TBC Legislative Chair since
1999 and is an active member of BikeHouston.
