Call

Blog

Law
02

Blog

Houston, Texas Bicycle Laws

In addition to state-wide laws, Houston, Texas has its own bicycle laws. Bike Law Charlie explains.

As both a bicycle accident attorney and advocate for safer riding, I previously prepared an article to serve as an overview of the laws that apply to riders while bicycling in Texas. We now focus on cities that have passed their own book of laws that also apply to bicyclists. This article focuses on relevant bicycle laws in Houston, Texas, which are listed in its Code of Ordinances at Article 12.

Authority to Prohibit Riding on Roadways

Houston’s traffic engineer is authorized to erect signs on any roadway prohibiting the riding of bicycles thereon and, when such signs are in place, no person shall disobey the same. §45-301.

Riding on Sidewalks

Houston prohibits bicycle riding on sidewalks in business districts per §45-302. This section further provides that a traffic engineer is authorized to erect signs on any sidewalk outside a business district prohibiting the riding of bicycles thereon by any person. Moreover, this section mandates that bicyclists properly on a sidewalk shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing any pedestrian.

Helmets Required for Children

Houston requires the use of a helmet for any child who rides on a bicycle or any side car, trailer, child carrier, seat or other device attached to a bicycle. Child means any person less than 18 years of age. Houston’s ordinance recognizes a defense to prosecution if the bicycle was not being operated upon a public way at the time of the alleged offense. Additionally, it is an affirmative defense to prosecution under this section, upon first offense only, that the person owns or has acquired a helmet prior to the court hearing and promises the court that the helmet will be used in the future. This section does not apply to the operation of a pedicab. §45-326.

Sale or Lease of Bicycles by Houston Dealers

Houston further requires any dealer who leases a bicycle to provide a helmet for the use of each child who will ride upon the bicycle or to determine that each child who will operate or ride upon the bicycle has a helmet available. The dealer may impose an additional fee for use of the helmet if the dealer sells or leases a helmet to the bicycle lessee. Furthermore, it shall be unlawful for any dealer to sell a bicycle, bicycle side car, trailer or child carrier without providing a written statement to the purchaser advising of the terms of this division. §45-327.

Bicycle Helmet Fund

The bicycle helmet fund was created to accept donations of helmets and money to be used for the purchase of helmets. All monetary gifts to the fund shall constitute a trust that shall be deposited in the Houston’s trust and agency account, which may be invested as provided in the Texas Local Government Code. The fund shall be used exclusively for the purpose of providing bicycle helmets for the use of members of “very low income families.” The directors of the parks and recreation department and the health and human services department shall jointly administer the fund and shall promulgate rules and procedures for the distribution of helmets. Helmets shall be provided on a first-come-first-served basis to the extent of available supply. §45-329.

If you have any questions about these laws or how they may apply, please feel free to contact us via email or phone (1-844-531-7530) to discuss this topic further.

Comments

Waller Bike Crash Carnage
Rachael Maney Oct 02, 2021

PRESS RELEASE FROM BIKE LAW’S NATIONAL DIRECTOR RACHAEL MANEY In light of the recent Waller Bike Crash in Texas, and in an effort to help untangle and unpack some of the emotionally-charged comments, questions, and inaccurate assumptions being made, we want to update you on the parts that we can share. I hope that this […]

Read More
Brother James
Peter Wilborn Sep 29, 2021

23 years ago today, the world lost my brother Jim. He was killed on his bike by an under-aged driver who blew through a red light. While the years don’t really blunt the loss, they foster gratitude for the gifts left behind. My brother blessed me with so much, but 3 things stand out:   […]

Read More
Family bicycle charity
Bike Law Aug 17, 2021

GUEST POST BY BIKE LAW AMBASSADOR KURT AREHART The bike charity Raleigh Community Kickstand, or just Kickstand for short, is a four year-old project organized under Oaks & Spokes, a 501(c)(3) engaged in fostering cycling in Raleigh. Kickstand channels donated bicycles to low-income and homeless members of our community whose lives can be improved with […]

Read More
Contributory negligence Bike crash
Ann Groninger May 08, 2021

If you’ve met me, you’ve heard talk about contributory negligence many times, including here and here and here. My vocation and my passion as a bike crash attorney is representing injured bicyclists and families of bicyclists who have been killed by careless drivers. Contributory negligence severely impairs the right of these individuals and bicyclists to […]

Read More
Asian-American Triathlete
Rachael Maney May 04, 2021

Bike Month 2021 is setting the bar pretty high. Two days ago, Sika Henry became the first Black woman to earn her pro card in the sport of triathlon. And today, Bike Law and I are honored and excited to announce our sponsorship of the only Asian-American racing on the professional triathlon circuit, Clarice Chastang […]

Read More
Cycliq video close call
Rachael Maney Apr 22, 2021

FOR IMMEDIATE RELEASE: April 23, 2021 Jon Korin, President Bicycle Advocates for Annapolis & Anne Arundel County (‘BikeAAA’) 443-685-4103, [email protected]   Rachael Maney, National Director Bike Law 410-382-7803, [email protected]   DRIVER CONVICTED ON CYCLIQ VIDEO EVIDENCE Christopher Lee Bradshaw of Lothian, MD was convicted of violating Maryland’s 3-foot bicycle passing law and negligent driving on […]

Read More
cycling friendship
Ann Groninger Apr 21, 2021

Cycling friendships are wonderful benefit to our sport and community.  A major part of our work as bicycle “accident” lawyers means putting a value on losses that our clients suffer as a result of injures from crashes. When it comes to past and future medical expenses, lost income and other financial losses, the job is […]

Read More
Contributory Negligence
Ann Groninger Apr 08, 2021

There is finally a positive development in the fight against Contributory Negligence in North Carolina. Last week a bill called the “Victims’ Fair Treatment Act” was filed in the North Carolina Senate. If passed, the bill would finally bring North Carolina into line with all but 3 other states by eradicating this deeply unfair law. […]

Read More
Bike Shop with wheels
Danny Feldman Apr 04, 2021

Birmingham is blessed to have a number of great bike shops.  Two of these shops, although very different, are the focus here.  Future blog posts from Bike Law Alabama will focus on some of the other great shops in Birmingham and throughout Alabama. A NON-PROFIT BIKE SHOP: REDEMPTIVE CYCLES Why choose Redemptive as your Bike […]

Read More
Load More