In a footnote in this essay, I said that I thought it could be argued that a cyclist in Texas only had the rights as driver of any other type of vehicle when he was operating on the roadway, and these rights  did not extend to operations on the shoulders.
I made those statements hastily, and I have spent some time considering it anew, and I was wrong.
Sec. 551.001. PERSONS AFFECTED. This chapter applies only to a person operating a bicycle on:
(1) a highway; or
(2) a path set aside for the exclusive operation of bicycles.
All well and good, but what does "highway" mean?
Sec. 541.302. (5) "Highway or street" means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.
I am now convinced, after ruminating on it for some time, it means in a more plain way this: "Public maintained property with a roadway, from fence line to fence line".
This definition is structured this way to exclude publicly maintained property such as a high voltage power line’s right of way or parks and recreation areas.
I therefore retract my public speculation that our road rights end at the edge of the travel lane.
 Sec. 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.
1 week ago