81R2557 JD-D
 
  By: Ellis S.B. No. 129
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the maximum speed limit for a neighborhood electric
  vehicle being operated on a street or highway.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 551.301(1), Transportation Code, as
  amended by Chapters 281 (H.B. 2702) and 1242 (H.B. 1596), Acts of
  the 79th Legislature, Regular Session, 2005, is reenacted and
  amended to read as follows:
               (1)  "Neighborhood electric vehicle" means a vehicle
  that can attain a maximum speed of 35 miles per hour on a paved level
  surface and otherwise complies with [subject to] Federal Motor
  Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
         SECTION 2.  Section 551.303(a), Transportation Code, is
  amended to read as follows:
         (a)  A neighborhood electric vehicle may be operated only on
  a street or highway for which the posted speed limit is 35 miles per
  hour or less. A neighborhood electric 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. A neighborhood electric
  vehicle may not be operated on a street or highway at a speed that
  exceeds the lesser of:
               (1)  the posted speed limit; or
               (2)  35 miles per hour.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.