By: Luna S.B. No. 994
A BILL TO BE ENTITLED
AN ACT
1-1 relating to registration and operation of motorcycles, motor-driven
1-2 cycles, and mopeds.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (c), Section 1, Chapter 88, General
1-5 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1-6 (Article 6675a-1, Vernon's Texas Civil Statutes), is amended to
1-7 read as follows:
1-8 (c) "Motorcycle" means every motor vehicle having a saddle
1-9 for the use of the rider and designed to propel itself with not
1-10 more than three wheels in contact with the ground but excluding a
1-11 tractor or any three-wheeled vehicle equipped with a cab, seat, and
1-12 seat belt and designed to contain the operator of the vehicle
1-13 inside the cab.
1-14 SECTION 2. Subsection (a), Section 3, Chapter 88, General
1-15 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1-16 (Article 6675a-3, Vernon's Texas Civil Statutes), is amended to
1-17 read as follows:
1-18 (a) Application for the registration of a vehicle required
1-19 to be registered hereunder shall be made on a form furnished by the
1-20 Department. Each such application shall be signed by the owner of
1-21 the vehicle, and shall give his name and address in full, and shall
1-22 contain a brief description of the vehicle to be registered. The
1-23 description, in case of a new motor vehicle, shall include: the
1-24 trade name of the vehicle; the year model; the style, type of body
2-1 and the weight, if a passenger car, or the net carrying capacity
2-2 and gross weight if a commercial motor vehicle, or the engine cc
2-3 piston displacement if a motorcycle, motor-driven cycle, or moped;
2-4 the motor number; the date of sale by manufacturer or dealer to the
2-5 applicant. The application shall contain such other information as
2-6 may be required by the Department.
2-7 SECTION 3. Section 24, Certificate of Title Act (Article
2-8 6687-1, Vernon's Texas Civil Statutes), is amended to read as
2-9 follows:
2-10 Sec. 24. The term "Certificate of Title" means a written
2-11 instrument which may be issued solely by and under the authority of
2-12 the department, and which must give the following data together
2-13 with such other data as the department may require from time to
2-14 time:
2-15 (a) The name and address of the purchaser and seller at
2-16 first sale or transferee and transferor at any subsequent sale.
2-17 (b) The make.
2-18 (c) The body type.
2-19 (d) The motor number.
2-20 At such time as the stamping of permanent identification
2-21 numbers on motor vehicles in a manner and place easily accessible
2-22 for physical examination is universally adopted by motor vehicle
2-23 manufacturers as the permanent vehicle identification, the
2-24 department is authorized to use such permanent identification
2-25 number as the major identification of motor vehicles subsequently
2-26 manufactured. The motor number will continue to be the major
2-27 identification of vehicles manufactured before such change is
3-1 adopted.
3-2 (e) The serial number.
3-3 (f) The license number of the current Texas plates.
3-4 (g) The names and addresses and dates of any liens on the
3-5 motor vehicle, in chronological order of recordation.
3-6 (h) If no liens are registered on the motor vehicle, a
3-7 statement of such fact.
3-8 (i) A space for the signature of the owner and the owner
3-9 shall write his name with pen and ink in such space upon receipt of
3-10 the certificate.
3-11 (j) A statement indicating "rights of survivorship" when an
3-12 agreement providing that the motor vehicle is to be held between a
3-13 husband and his wife jointly with the interest of either spouse who
3-14 dies to survive to the surviving spouse is surrendered with the
3-15 application for certificate of title. This agreement is valid only
3-16 if signed by both husband and wife and, if signed, the certificate
3-17 shall be issued in the name of both.
3-18 (k) If the motor vehicle is equipped with an odometer, the
3-19 number of miles the motor vehicle has travelled as reflected by the
3-20 application.
3-21 (l) If a motorcycle, motor-driven cycle, or moped, the
3-22 engine cc piston displacement.
3-23 SECTION 4. Subsection (e), Section 12, Chapter 173, Acts of
3-24 the 47th Legislature, Regular Session, 1941 (Article 6687b,
3-25 Vernon's Texas Civil Statutes), as amended by Chapters 81, 345, and
3-26 410, Acts of the 68th Legislature, Regular Session, 1983, is
3-27 amended to read as follows:
4-1 (e)(1) The Department may issue a special restricted
4-2 operator's license to any person between the ages of fifteen (15)
4-3 and eighteen (18) years to operate only a motorcycle or
4-4 motor-driven cycle, with not more than one hundred twenty-five
4-5 (125) cc piston displacement; provided such person has completed
4-6 and passed a motorcycle operator training course approved by the
4-7 Department and the person has obtained a high school diploma or its
4-8 equivalent or is a student enrolled in a public or private school
4-9 who attended school for at least 80 days in the fall or spring
4-10 semester preceding the date of application, or has been enrolled
4-11 for at least 45 days, and is currently enrolled, in a program to
4-12 prepare persons to pass the high school equivalency exam. This
4-13 motorcycle operator training course will be made available. This
4-14 motorcycle operator training course will be an exception to the
4-15 driver training course, regarding the age limit, as applied in
4-16 Section 7(a) of this Act. Upon reaching the age of sixteen (16)
4-17 and having completed the above course, the 125cc restriction shall
4-18 be removed without completing any further motorcycle courses. This
4-19 special restricted license shall be issued on application to the
4-20 Department in accordance with Section 7 of this Act; shall be
4-21 subject to the requirements of Section 10 of this Act, and to other
4-22 provisions of this Act in the same manner as operator's licenses;
4-23 and shall be in the form prescribed by the Department. A driver's
4-24 license is required for operators of mopeds. A person must be at
4-25 least fifteen (15) years old to be issued a license to operate a
4-26 moped. The Department shall examine applicants for that type of
4-27 license by administering to them a written examination concerning
5-1 traffic laws and rules of the road applicable to the operation of
5-2 mopeds. A road <No> test involving the operation of the vehicle is
5-3 required. For minors wishing to receive a moped only license, the
5-4 motorcycle operator training requirements previously outlined for
5-5 motorcycles and motor-driven cycles apply. To upgrade a moped only
5-6 license to a motorcycle license, an individual must successfully
5-7 complete a road test on a motorcycle or motor-driven cycle. The
5-8 fee for the license is Sixteen Dollars ($16). All applicable
5-9 provisions of this Act governing restricted operator's licenses for
5-10 the operation of motorcycles only also apply to moped operator's
5-11 licenses, including provisions relating to the application,
5-12 issuance, duration, suspension, and cancellation of those licenses.
5-13 (2) The Department shall require manufacturers,
5-14 distributors, importers, and retailers of motorcycles, motor-driven
5-15 cycles, and mopeds to certify to the Department the cc piston
5-16 displacement of all such vehicles offered for sale and to be titled
5-17 and registered in this state. Certification shall be made by
5-18 including the cc piston displacement of the vehicle on the
5-19 manufacturer's certificate or other document to be prescribed by
5-20 the Department for purposes of showing original transfer of a new
5-21 motorcycle, motor-driven cycle, or moped from the manufacturer to
5-22 the original purchaser. The cc piston displacement also shall be
5-23 included on the certificate of title and registration for such
5-24 vehicle. The word "moped" shall be included on all manufacturer's
5-25 certificates and certificate of title and registration for vehicles
5-26 that conform to the definition of "moped" in Section 2(n), Uniform
5-27 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
6-1 Civil Statutes) <is hereby required to certify motorcycles and
6-2 motor-driven cycles to ascertain whether they exceed one hundred
6-3 twenty-five (125) cc piston displacement as required by this
6-4 section. The Department is further authorized to establish the
6-5 procedure which shall be followed to determine the cc piston
6-6 displacement of the motorcycles and motor-driven cycles. Any
6-7 person, firm or corporation may submit to the Department any such
6-8 motorcycle or motor-driven cycle and make application that the same
6-9 be tested as to conformity with the regulations of the Department.
6-10 Upon such application being made, the Department shall cause such
6-11 test to be made as may be necessary to determine whether the
6-12 motorcycle or motor-driven cycle exceeds one hundred twenty-five
6-13 (125) cc piston displacement. When the Department has reason to
6-14 believe that a certified model of motorcycles or motor-driven
6-15 cycles being sold commercially exceeds one hundred twenty-five
6-16 (125) cc displacement, the Department may conduct a hearing as
6-17 prescribed under Subsection (f), Section 108, Uniform Act
6-18 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
6-19 Statutes). The Department shall compile a list naming each model
6-20 and make of motorcycles and motor-driven cycles certified by the
6-21 Department as not exceeding one hundred twenty-five (125) cc piston
6-22 displacement and make the list available upon request of the public
6-23 and to persons who sell motorcycles and motor-driven cycles. Any
6-24 peace officer may stop and detain any motorcycle or motor-driven
6-25 cycle for the purpose of inspecting the motorcycle or motor-driven
6-26 cycle to determine if the motorcycle or motor-driven cycle is of a
6-27 model and make certified by the Department>.
7-1 (3) <The Department is also required to certify
7-2 whether vehicles which are purported to be mopeds conform to the
7-3 definition of that vehicle. The Department shall certify those
7-4 vehicles under the same procedure as it certifies motorcycles and
7-5 motor-driven cycles.> The Department may <shall> compile a list of
7-6 models of motorcycles, motor-driven cycles, and mopeds which have
7-7 been certified. Any peace officer may stop and detain a person
7-8 operating a motorcycle, motor-driven cycle, or moped to determine
7-9 if the vehicle being operated conforms to the type or general class
7-10 of vehicle the licensee may drive including special restrictions
7-11 and endorsements <is of a model and make certified by the
7-12 Department>.
7-13 SECTION 5. Subsection (c), Section 2, Uniform Act Regulating
7-14 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
7-15 is amended to read as follows:
7-16 (c) "Motorcycle" means every motor vehicle having a saddle
7-17 for the use of the rider and designed to propel itself with not
7-18 more than three (3) wheels in contact with the ground but excluding
7-19 a tractor or any three-wheeled vehicle equipped with a cab, seat,
7-20 and seat belt and designed to contain the operator of the vehicle
7-21 inside the cab.
7-22 SECTION 6. This Act takes effect September 1, 1995.
7-23 SECTION 7. The importance of this legislation and the
7-24 crowded condition of the calendars in both houses create an
7-25 emergency and an imperative public necessity that the
7-26 constitutional rule requiring bills to be read on three several
7-27 days in each house be suspended, and this rule is hereby suspended.