1-1 By: Patterson S.B. No. 473
1-2 (In the Senate - Filed February 6, 1995; February 8, 1991,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 9, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 8, Nays 5; March 9, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Wentworth
1-7 Amend S.B. No. 473 as follows:
1-8 (1) Strike SECTION 1 of the bill and substitute the
1-9 following:
1-10 SECTION 1. Subsection (d), Section 2, Chapter 329, Acts of
1-11 the 60th Legislature, Regular Session, 1967 (Article 6701c-3,
1-12 Vernon's Texas Civil Statutes), is amended to read as follows:
1-13 (d) A medical exemption:
1-14 (1) must be on a form prescribed by the Department of
1-15 Public Safety; and
1-16 (2) expires on the earlier of:
1-17 (A) the 180th <10th> day after the date it is
1-18 issued; or
1-19 (B) the expiration date specified by the issuing
1-20 physician on the form.
1-21 (2) Strike SECTION 2 of the bill and substitute the
1-22 following:
1-23 SECTION 2. This Act takes effect September 1, 1995. The
1-24 change in law made by this Act applies only to a medical exemption
1-25 that is issued on or after that date. A medical exemption that was
1-26 issued before the effective date of this Act is covered by the law
1-27 in effect when the exemption was issued, and the former law is
1-28 continued in effect for that purpose.
1-29 A BILL TO BE ENTITLED
1-30 AN ACT
1-31 relating to the offense of not using protective headgear required
1-32 for motorcycle operators and passengers.
1-33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-34 SECTION 1. Section 2, Chapter 329, Acts of the 60th
1-35 Legislature, Regular Session, 1967 (Article 6701c-3, Vernon's Texas
1-36 Civil Statutes), is amended to read as follows:
1-37 Sec. 2. A <(a) Except as provided by Subsection (b) of this
1-38 section, a> person who is younger than 18 years of age may not
1-39 operate a motorcycle on a public street or highway of this state
1-40 unless the person <he> wears protective headgear that meets
1-41 standards adopted by the Department of Public Safety, nor may any
1-42 person carry a passenger who is younger than 18 years of age on a
1-43 motorcycle on a public street or highway of this state unless the
1-44 passenger wears protective headgear that meets standards adopted by
1-45 the Department of Public Safety, nor may any person who is younger
1-46 than 18 years of age ride as a passenger on a motorcycle on a
1-47 public street or highway of this state unless the person <he> wears
1-48 protective headgear that meets standards adopted by the Department
1-49 of Public Safety.
1-50 <(b) It is a defense to prosecution under Subsection (a) of
1-51 this section that, at the time the offense was committed, the
1-52 person required by Subsection (a) of this section to wear
1-53 protective headgear:>
1-54 <(1) was 18 years of age or older; and>
1-55 <(2) presented to the arresting peace officer a
1-56 medical exemption that conforms to the requirements of Subsections
1-57 (c) and (d) of this section.>
1-58 <(c) A medical exemption may only be issued by a practicing
1-59 physician licensed to practice medicine by the Texas State Board of
1-60 Medical Examiners to a person who has sustained an acute head or
1-61 facial injury that would be worsened if the person wore protective
1-62 headgear.>
1-63 <(d) A medical exemption:>
1-64 <(1) must be on a form prescribed by the Department of
1-65 Public Safety; and>
1-66 <(2) expires on the 10th day after the date it is
1-67 issued.>
1-68 SECTION 2. This Act takes effect September 1, 1995. The
2-1 change in law made by this Act applies only to an offense committed
2-2 on or after that date. An offense committed before the effective
2-3 date of this Act is covered by the law in effect when the offense
2-4 was committed, and the former law is continued in effect for that
2-5 purpose. For purposes of this section, an offense was committed
2-6 before the effective date of this Act if any element of the offense
2-7 occurred before that date.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.
2-13 * * * * *