WE ARE ATTORNEYS AND WE ARE RIDERS
WE REPRESENT TEXAS CYCLISTS

I graduated from the University of Texas School of Law in 1986.  (For what it’s worth, at the time, it was rated as #10 in US law schools.  It’s now at #15.)  Upon graduation, I started practicing on the defense side with a large, old and reputable law firm, Thompson & Knight in Dallas, Texas.  After three years, I moved to a smaller defense firm for another three years.  In 1992, I began representing humans and not insurance companies by becoming a plaintiff’s attorney.

I am board-certified in personal injury trial law and have 32 years of trial law experience.  I also have the highest rating from Martindale-Hubbell Peer Review Ratings.  (Ratings are based on other attorneys rating you; i.e., my competition, defense attorneys.)   I’ve tried over 150 cases.   Currently, I have approximately 70 cases in litigation.  If an insurer does not make a “fair and reasonable offer,” I file suit.  I’m not afraid to try a case.  That’s what I do.

All laws mentioned below were current as of August 2012 and may be subject to change.

Safe Passing Laws

Texas does not have a law that sets a specific distance for a motor vehicle overtaking a bicycle. The overtaking of a bicycle by a motor vehicle, or vice versa, is governed by general traffic laws and, in most circumstances, such overtaking must be done to the left at a safe distance.

Source: Tex. Transp. Code Ann. §545.053

Helmet Law

Texas has no helmet law. It is legal for all persons of any age to operate a bicycle without wearing a helmet unless otherwise provided by a municipal regulation.

However, Texas has designated April as Child Safety Month which, amongst other things, promotes ways to reduce accidental injury and death through the use of bicycle helmets.

Source: TS §662.105

Share the Road license plates

Texas, in conjunction with the Texas Bicycle Coalition Education Fund, offers Share the Road license plates. For more information on such plates please visit: https://rts.texasonline.state.tx.us/NASApp/txdotrts/SpecialPlateOrderServlet?grpid=60&pltid=97

In addition, funds from the "God Bless Texas" and "God Bless America" specialized license plates are used by the Texas Education Agency to support the Safe Routes to School Program.

Source: Tex. Transp. Code Ann. §§504.633; 504.648

Vulnerable Road User Laws

Texas does not have any vulnerable road user laws at this time. There are currently no national standards for laws protecting vulnerable road users, but the League of American Bicyclists has drafted a Model Vulnerable Road User statute, which you can find here.

Source: N/A

Distracted Driving Laws

Texas currently has the following laws aimed at distracted driving, subject to limited exceptions:

• A person under 18 years of age may not operate a motor vehicle while using a wireless communications device;
• A person under 17 years of age who holds a restricted motorcycle license or moped license may not operate a motorcycle or moped while using a wireless communications device;
• An operator may not use a wireless communication device while operating a passenger bus with a minor passenger on the bus unless the passenger bus is stopped; and
• An operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone unless the vehicle is stopped; or the wireless communication device is used with a hands-free device.

Source: Tex. Transp. Code Ann. §§545.424; 545.425

Where to Ride

Texas requires that a person operating a bicycle on a roadway, at a speed less than the speed of traffic, shall ride as near as practicable to the right curb or edge of the roadway, unless:

• The person is passing another vehicle moving in the same direction;
• The person is preparing to turn left at an intersection or onto a private road or driveway;
• There exists a condition on or of the roadway that prevents the person from safely riding next to the right curb or edge of the roadway; or
• The person is operating a bicycle in an outside lane that is:
  • Less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or
  • Too narrow for a bicycle and a motor vehicle to safely travel side by side.
• The person is operating a bicycle on a one-way roadway with two or more marked traffic lanes, in which case they may ride as near as practicable to the left curb or edge of the roadway.

Source: Tex. Transp. Code Ann. §551.103

Sidewalk Riding

Texas does not have a statute that specifically authorizes or prohibits the operation of a bicycle upon a sidewalk.

Source: N/A

Mandatory Use of Separated Facilities

Texas does not require that bicyclists use any lane or path other than a normal vehicular traffic lane.

Source: N/A

Bicycling Under the Influence

Texas's law prohibiting driving while under the influence of alcohol or other controlled substances is written so that it applies to motor vehicles, but the definition for motor vehicles that is applicable for laws related to intoxication offenses includes bicycles. Due to the broad definition of motor vehicles, intoxication offenses involving motor vehicles may apply to bicyclists. Bicycles should not be operated while intoxicated.

Source: Tex. Transp. Code Ann. §49.04; §32.34(a)(2).

"Idaho Stop" and Vehicle Detection Errors

Texas does not provide any modifications to the requirement to come to a complete stop when directed to stop by traffic control devices and does not authorize bicyclists to disobey traffic lights that fail to detect bicyclists.

Source: N/A

Authorization for Local Regulation of bicycles

Texas provides that its state traffic laws shall not prevent a local authority, with respect to a highway under its jurisdiction and in the reasonable exercise of the police power, from the operation and requiring registration and licensing of a bicycle or electric bicycle, including payment of a registration fee.

In addition, a governing body of a municipality 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.

Source: Tex. Transp. Code Ann. §§542.202; 217.003

Dooring law

Texas requires that no person open the door of a motor vehicle on the side available to moving traffic, unless the door may be opened in reasonable safety without interfering with the movement of other traffic. In addition, no person shall leave a door on the side of a vehicle next to moving traffic open for longer than is necessary to load or unload a passenger.

Source: Tex. Transp. Code Ann. §545.418

Treatment as a Vehicle

In Texas bicycles are vehicles according to the statute that defines vehicles and a person riding a bicycle has all of the rights and duties of a driver of a vehicle under the Texas Rules of the Road, except for special regulations specific to bicycles and those provisions that by their nature can have no application.

Source: Tex. Transp. Code Ann. §§541.201(23); 551.101

Source of Laws

The laws regulating the operation of bicycles in the state of Texas are generally found in Titles 545 and 551 of the Texas Statutes (TS), available here: http://www.statutes.legis.state.tx.us/Search.aspx.

Other Resources

The following resources may be useful:

• Compilation of Bicycle laws by Bicycle Texas: http://www.biketexas.org/es/infrastructure/texas-bicycle-laws
• Compilation of Bicycle laws by Bicycle Austin: http://bicycleaustin.info/laws/tx-bike.html
• Urban Cycling Legal resources: http://www.urbancycling.com/essays/lawsindex.html
• Compilation of Bicycle laws by Houston Bicycle Club: http://www.houstonbicycleclub.org/Pages/SafetyBikeLaws.aspx