By Patterson S.B. No. 473
74R4206 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to required protective headgear for motorcycle operators
1-3 and passengers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Chapter 329, Acts of the 60th
1-6 Legislature, Regular Session, 1967 (Article 6701c-3, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 2. A <(a) Except as provided by Subsection (b) of this
1-9 section, a> person who is younger than 18 years of age may not
1-10 operate a motorcycle on a public street or highway of this state
1-11 unless the person <he> wears protective headgear that meets
1-12 standards adopted by the Department of Public Safety, nor may any
1-13 person carry a passenger who is younger than 18 years of age on a
1-14 motorcycle on a public street or highway of this state unless the
1-15 passenger wears protective headgear that meets standards adopted by
1-16 the Department of Public Safety, nor may any person who is younger
1-17 than 18 years of age ride as a passenger on a motorcycle on a
1-18 public street or highway of this state unless the person <he> wears
1-19 protective headgear that meets standards adopted by the Department
1-20 of Public Safety.
1-21 <(b) It is a defense to prosecution under Subsection (a) of
1-22 this section that, at the time the offense was committed, the
1-23 person required by Subsection (a) of this section to wear
1-24 protective headgear:>
2-1 <(1) was 18 years of age or older; and>
2-2 <(2) presented to the arresting peace officer a
2-3 medical exemption that conforms to the requirements of Subsections
2-4 (c) and (d) of this section.>
2-5 <(c) A medical exemption may only be issued by a practicing
2-6 physician licensed to practice medicine by the Texas State Board of
2-7 Medical Examiners to a person who has sustained an acute head or
2-8 facial injury that would be worsened if the person wore protective
2-9 headgear.>
2-10 <(d) A medical exemption:>
2-11 <(1) must be on a form prescribed by the Department of
2-12 Public Safety; and>
2-13 <(2) expires on the 10th day after the date it is
2-14 issued.>
2-15 SECTION 2. This Act takes effect September 1, 1995. The
2-16 change in law made by this Act applies only to an offense committed
2-17 on or after that date. An offense committed before the effective
2-18 date of this Act is covered by the law in effect when the offense
2-19 was committed, and the former law is continued in effect for that
2-20 purpose. For purposes of this section, an offense was committed
2-21 before the effective date of this Act if any element of the offense
2-22 occurred before that date.
2-23 SECTION 3. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.