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.