In Texas, if a moped can travel more than 30mph is it considered a motorcycle or is it flat out banned?

Question

Or is it still treated as a moped, just with the 30mph speed limit?

Answer 1

it is still a moped but it is band from freeway and hwy use it must be able to go at least 45 mph to use those type roadways if it is 50 cc and under it fall under the same law as a bicycle with the exception you can not ride on a side walk

Answer 2

TRC §541.201.

VEHICLES

In this subtitle:

(8) "Moped" means a motor‑driven cycle that cannot attain a speed in one mile of more than 30 miles per hour and the engine of which:

(A)cannot produce more than two‑brake horsepower; and

(B) if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears.

(9) "Motorcycle" means a motor vehicle, other than a tractor, that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground.

(10) "Motor‑driven cycle" means a motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less.  The term does not include an electric bicycle.