By Luna                                                S.B. No. 994
       74R6365 DWS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to mopeds.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 382.0622(a), Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        (a)  Clean Air Act fees consist of:
    1-7              (1)  fees collected by the board under Sections
    1-8  382.062, 382.0621, and 382.037 and as otherwise provided by law;
    1-9  and
   1-10              (2)  $2 of each advance payment collected by the
   1-11  Department of Public Safety for inspection certificates for
   1-12  vehicles <other than mopeds> under Section 141(c), Uniform Act
   1-13  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   1-14  Statutes).
   1-15        SECTION 2.  Article 6.10(a), Title 79, Revised Statutes
   1-16  (Article 5069-6.10, Vernon's Texas Civil Statutes), is amended to
   1-17  read as follows:
   1-18        (a)  A seller may charge a documentary fee for services
   1-19  rendered to, for, or on behalf of a retail buyer in preparing,
   1-20  handling, and processing documents relating to, and closing a
   1-21  retail installment transaction involving, a motor cycle, a
   1-22  motor-driven cycle, <moped,> all-terrain vehicle, a boat, boat
   1-23  motor, boat trailer, or towable recreational vehicle.  If the
   1-24  documentary fee is charged:
    2-1              (1)  it must be charged to both cash and credit buyers;
    2-2              (2)  it may not exceed $50; and
    2-3              (3)  it must be disclosed on the retail installment
    2-4  contract as a separate itemized charge.
    2-5        SECTION 3.  Section 10(c-1), Chapter 88, General Laws, Acts
    2-6  of the 41st Legislature, 2nd Called Session, 1929 (Article
    2-7  6675a-10, Vernon's Texas Civil Statutes), is amended to read as
    2-8  follows:
    2-9        (c-1)  On Monday of each week each County Tax Collector shall
   2-10  submit to the State Department of Highways and Public
   2-11  Transportation a carbon copy of the receipt issued for payment of
   2-12  each license fee received in the preceding week for registration of
   2-13  a motorcycle <or moped>.
   2-14        SECTION 4.  Subsections (a) and (e), Section 4A, Chapter 173,
   2-15  Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
   2-16  Vernon's Texas Civil Statutes), are amended to read as follows:
   2-17        (a)  The Department, when issuing a driver's license, shall
   2-18  indicate on the license the type or general class of vehicle the
   2-19  licensee may drive.  Unless prohibited by the Texas Commercial
   2-20  Driver's License Act (Article 6687b-2, Revised Statutes), the
   2-21  holder of a valid driver's license may drive all vehicles in the
   2-22  class for which that license is issued, and all lesser classes of
   2-23  vehicles except motorcycles <and mopeds>.  Authorization to operate
   2-24  motorcycles <and mopeds> may be shown on the driver's license if
   2-25  all requirements for issuance of a motorcycle license have been
   2-26  met.
   2-27        (e)  A Class M driver's license permits a person to drive a
    3-1  motorcycle <or moped>.
    3-2        SECTION 5.  Section 12(e)(1), Chapter 173, Acts of the 47th
    3-3  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
    3-4  Civil Statutes), is amended to read as follows:
    3-5        (e)(1)  The Department may issue a special restricted
    3-6  operator's license to any person between the ages of fifteen (15)
    3-7  and eighteen (18) years to operate only a motorcycle or
    3-8  motor-driven cycle, with not more than one hundred twenty-five
    3-9  (125) cc piston displacement; provided such person has completed
   3-10  and passed a motorcycle operator training course approved by the
   3-11  Department and the person has obtained a high school diploma or its
   3-12  equivalent or is a student enrolled in a public or private school
   3-13  who attended school for at least 80 days in the fall or spring
   3-14  semester preceding the date of application, or has been enrolled
   3-15  for at least 45 days, and is currently enrolled, in a program to
   3-16  prepare persons to pass the high school equivalency exam. This
   3-17  motorcycle operator training course will be made available.  This
   3-18  motorcycle operator training course will be an exception to the
   3-19  driver training course, regarding the age limit, as applied in
   3-20  Section 7(a) of this Act.  Upon reaching the age of sixteen (16)
   3-21  and having completed the above course, the 125cc restriction shall
   3-22  be removed without completing any further motorcycle courses.  This
   3-23  special restricted license shall be issued on application to the
   3-24  Department in accordance with Section 7 of this Act; shall be
   3-25  subject to the requirements of Section 10 of this Act, and to other
   3-26  provisions of this Act in the same manner as operator's licenses;
   3-27  and shall be in the form prescribed by the Department.  <A driver's
    4-1  license is required for operators of mopeds.  A person must be at
    4-2  least fifteen (15) years old to be issued a license to operate a
    4-3  moped.  The Department shall examine applicants for that type of
    4-4  license by administering to them a written examination concerning
    4-5  traffic laws applicable to the operation of mopeds.  No test
    4-6  involving the operation of the vehicle is required.  The fee for
    4-7  the license is Sixteen Dollars ($16).  All applicable provisions of
    4-8  this Act governing restricted operator's licenses for the operation
    4-9  of motorcycles only also apply to moped operator's licenses,
   4-10  including provisions relating to the application, issuance,
   4-11  duration, suspension, and cancellation of those licenses.>
   4-12        SECTION 6.  Section 21(a), Texas Commercial Driver's License
   4-13  Act (Article 6687b-2, Vernon's Texas Civil Statutes), is amended to
   4-14  read as follows:
   4-15        (a)  Commercial driver's licenses may be issued with the
   4-16  classifications, endorsements, and restrictions provided by this
   4-17  section.  The holder of a valid commercial driver's license may
   4-18  drive all vehicles in the class for which that license is issued,
   4-19  and all lesser classes of vehicles except motorcycles <and mopeds>.
   4-20  Vehicles that require an endorsement may not be driven unless the
   4-21  proper endorsement appears on the license.  Authorization to
   4-22  operate motorcycles must be shown on the commercial driver's
   4-23  license if all requirements for issuance of a motorcycle license
   4-24  have been met. A person who drives a commercial motor vehicle in
   4-25  violation of a restriction or without the proper endorsement
   4-26  commits an offense.  An offense under this section is a Class C
   4-27  misdemeanor.
    5-1        SECTION 7.  Section 2, Certificate of Title Act (Article
    5-2  6687-1, Vernon's Texas Civil Statutes), is amended to read as
    5-3  follows:
    5-4        Sec. 2.  The term "motor vehicle" means every kind of motor
    5-5  driven or propelled vehicle required to be registered or licensed
    5-6  under the laws of this state, including trailers, house trailers,
    5-7  and semi-trailers, and shall also include motorcycles, motor-driven
    5-8  cycles, <mopeds,> and four-wheel all terrain vehicles designed by
    5-9  the manufacturer for off-highway use, whether required to be
   5-10  registered or not.  "Motor vehicle" does not include motorcycles
   5-11  and<,> motor-driven cycles<, and mopeds,> designed for and used
   5-12  exclusively on golf courses.
   5-13        SECTION 8.  Section 4(b), Article 6701c-4, Revised Statutes,
   5-14  is amended to read as follows:
   5-15        (b)  A portion of each annual registration fee for a
   5-16  motorcycle <or moped> shall be deposited to the credit of the
   5-17  motorcycle education fund in accordance with Subsection (c-1),
   5-18  Section 10, Chapter 88, General Laws, Acts of the 41st Legislature,
   5-19  2nd Called Session, 1929 (Article 6675a-10, Vernon's Texas Civil
   5-20  Statutes).
   5-21        SECTION 9.  The following laws are repealed:
   5-22              (1)  Section 1(u), Chapter 88, General Laws, Acts of
   5-23  the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-1,
   5-24  Vernon's Texas Civil Statutes), as added by Chapter 410, Acts of
   5-25  the 68th Legislature, Regular Session, 1983;
   5-26              (2)  Section 13(h), Chapter 88, General Laws, Acts of
   5-27  the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-13,
    6-1  Vernon's Texas Civil Statutes);
    6-2              (3)  Section 12(e)(3), Chapter 173, Acts of the 47th
    6-3  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
    6-4  Civil Statutes), as amended by Chapters 81 and 410, Acts of the
    6-5  68th Legislature, Regular Session, 1983; and
    6-6              (4)  Sections 2(n) and 140(f), Uniform Act Regulating
    6-7  Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes).
    6-8        SECTION 10.  A driver's license issued before the effective
    6-9  date of this Act for operation of a moped remains valid for the
   6-10  period for which it was issued.  A driver's license issued on or
   6-11  after the effective date of this Act for operation of a moped is
   6-12  subject to applicable provisions relating to a driver's license for
   6-13  the operation of a motorcycle or motor-driven cycle.
   6-14        SECTION 11.  This Act takes effect September 1, 1995.
   6-15        SECTION 12.  The importance of this legislation and the
   6-16  crowded condition of the calendars in both houses create an
   6-17  emergency and an imperative public necessity that the
   6-18  constitutional rule requiring bills to be read on three several
   6-19  days in each house be suspended, and this rule is hereby suspended.