1-1 By: Luna S.B. No. 994
1-2 (In the Senate - Filed March 8, 1995; March 9, 1995, read
1-3 first time and referred to Committee on State Affairs; May 2, 1995,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 10, Nays 0; May 2, 1995, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 994 By: Luna
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to registration and operation of motorcycles, motor-driven
1-10 cycles, and mopeds.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (c), Section 1, Chapter 88, General
1-13 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1-14 (Article 6675a-1, Vernon's Texas Civil Statutes), is amended to
1-15 read as follows:
1-16 (c) "Motorcycle" means every motor vehicle having a saddle
1-17 for the use of the rider and designed to propel itself with not
1-18 more than three wheels in contact with the ground but excluding a
1-19 tractor or any three-wheeled vehicle equipped with a cab, seat, and
1-20 seat belt and designed to contain the operator of the vehicle
1-21 inside the cab.
1-22 SECTION 2. Subsection (a), Section 3, Chapter 88, General
1-23 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1-24 (Article 6675a-3, Vernon's Texas Civil Statutes), is amended to
1-25 read as follows:
1-26 (a) Application for the registration of a vehicle required
1-27 to be registered hereunder shall be made on a form furnished by the
1-28 Department. Each such application shall be signed by the owner of
1-29 the vehicle, and shall give his name and address in full, and shall
1-30 contain a brief description of the vehicle to be registered. The
1-31 description, in case of a new motor vehicle, shall include: the
1-32 trade name of the vehicle; the year model; the style, type of body
1-33 and the weight, if a passenger car, or the net carrying capacity
1-34 and gross weight if a commercial motor vehicle, or the engine cc
1-35 piston displacement if a motorcycle, motor-driven cycle, or moped;
1-36 the motor number; the date of sale by manufacturer or dealer to the
1-37 applicant. The application shall contain such other information as
1-38 may be required by the Department.
1-39 SECTION 3. Section 24, Certificate of Title Act (Article
1-40 6687-1, Vernon's Texas Civil Statutes), is amended to read as
1-41 follows:
1-42 Sec. 24. The term "Certificate of Title" means a written
1-43 instrument which may be issued solely by and under the authority of
1-44 the department, and which must give the following data together
1-45 with such other data as the department may require from time to
1-46 time:
1-47 (a) The name and address of the purchaser and seller at
1-48 first sale or transferee and transferor at any subsequent sale.
1-49 (b) The make.
1-50 (c) The body type.
1-51 (d) The motor number.
1-52 At such time as the stamping of permanent identification
1-53 numbers on motor vehicles in a manner and place easily accessible
1-54 for physical examination is universally adopted by motor vehicle
1-55 manufacturers as the permanent vehicle identification, the
1-56 department is authorized to use such permanent identification
1-57 number as the major identification of motor vehicles subsequently
1-58 manufactured. The motor number will continue to be the major
1-59 identification of vehicles manufactured before such change is
1-60 adopted.
1-61 (e) The serial number.
1-62 (f) The license number of the current Texas plates.
1-63 (g) The names and addresses and dates of any liens on the
1-64 motor vehicle, in chronological order of recordation.
1-65 (h) If no liens are registered on the motor vehicle, a
1-66 statement of such fact.
1-67 (i) A space for the signature of the owner and the owner
1-68 shall write his name with pen and ink in such space upon receipt of
2-1 the certificate.
2-2 (j) A statement indicating "rights of survivorship" when an
2-3 agreement providing that the motor vehicle is to be held between a
2-4 husband and his wife jointly with the interest of either spouse who
2-5 dies to survive to the surviving spouse is surrendered with the
2-6 application for certificate of title. This agreement is valid only
2-7 if signed by both husband and wife and, if signed, the certificate
2-8 shall be issued in the name of both.
2-9 (k) If the motor vehicle is equipped with an odometer, the
2-10 number of miles the motor vehicle has travelled as reflected by the
2-11 application.
2-12 (l) If a motorcycle, motor-driven cycle, or moped, the
2-13 engine cc piston displacement.
2-14 SECTION 4. Subsection (e), Section 12, Chapter 173, Acts of
2-15 the 47th Legislature, Regular Session, 1941 (Article 6687b,
2-16 Vernon's Texas Civil Statutes), as amended by Chapters 81, 345, and
2-17 410, Acts of the 68th Legislature, Regular Session, 1983, is
2-18 amended to read as follows:
2-19 (e)(1) The Department may issue a special restricted
2-20 operator's license to any person between the ages of fifteen (15)
2-21 and eighteen (18) years to operate only a motorcycle or
2-22 motor-driven cycle, with not more than one hundred twenty-five
2-23 (125) cc piston displacement; provided such person has completed
2-24 and passed a motorcycle operator training course approved by the
2-25 Department and the person has obtained a high school diploma or its
2-26 equivalent or is a student enrolled in a public or private school
2-27 who attended school for at least 80 days in the fall or spring
2-28 semester preceding the date of application, or has been enrolled
2-29 for at least 45 days, and is currently enrolled, in a program to
2-30 prepare persons to pass the high school equivalency exam. This
2-31 motorcycle operator training course will be made available. This
2-32 motorcycle operator training course will be an exception to the
2-33 driver training course, regarding the age limit, as applied in
2-34 Section 7(a) of this Act. Upon reaching the age of sixteen (16)
2-35 and having completed the above course, the 125cc restriction shall
2-36 be removed without completing any further motorcycle courses. This
2-37 special restricted license shall be issued on application to the
2-38 Department in accordance with Section 7 of this Act; shall be
2-39 subject to the requirements of Section 10 of this Act, and to other
2-40 provisions of this Act in the same manner as operator's licenses;
2-41 and shall be in the form prescribed by the Department. A driver's
2-42 license is required for operators of mopeds. A person must be at
2-43 least fifteen (15) years old to be issued a license to operate a
2-44 moped. The Department shall examine applicants for that type of
2-45 license by administering to them a written examination concerning
2-46 traffic laws and rules of the road applicable to the operation of
2-47 mopeds. A road <No> test involving the operation of the vehicle is
2-48 required. For minors wishing to receive a moped only license, the
2-49 motorcycle operator training requirements previously outlined for
2-50 motorcycles and motor-driven cycles apply. To upgrade a moped only
2-51 license to a motorcycle license, an individual must successfully
2-52 complete a road test on a motorcycle or motor-driven cycle. The
2-53 fee for the license is Sixteen Dollars ($16). All applicable
2-54 provisions of this Act governing restricted operator's licenses for
2-55 the operation of motorcycles only also apply to moped operator's
2-56 licenses, including provisions relating to the application,
2-57 issuance, duration, suspension, and cancellation of those licenses.
2-58 (2) The Department shall require manufacturers,
2-59 distributors, importers, and retailers of motorcycles, motor-driven
2-60 cycles, and mopeds to certify to the Department the cc piston
2-61 displacement of all such vehicles offered for sale and to be titled
2-62 and registered in this state. Certification shall be made by
2-63 including the cc piston displacement of the vehicle on the
2-64 manufacturer's certificate or other document to be prescribed by
2-65 the Department for purposes of showing original transfer of a new
2-66 motorcycle, motor-driven cycle, or moped from the manufacturer to
2-67 the original purchaser. The cc piston displacement also shall be
2-68 included on the certificate of title and registration for such
2-69 vehicle. The word "moped" shall be included on all manufacturer's
2-70 certificates and certificate of title and registration for vehicles
3-1 that conform to the definition of "moped" in Section 2(n), Uniform
3-2 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
3-3 Civil Statutes) <is hereby required to certify motorcycles and
3-4 motor-driven cycles to ascertain whether they exceed one hundred
3-5 twenty-five (125) cc piston displacement as required by this
3-6 section. The Department is further authorized to establish the
3-7 procedure which shall be followed to determine the cc piston
3-8 displacement of the motorcycles and motor-driven cycles. Any
3-9 person, firm or corporation may submit to the Department any such
3-10 motorcycle or motor-driven cycle and make application that the same
3-11 be tested as to conformity with the regulations of the Department.
3-12 Upon such application being made, the Department shall cause such
3-13 test to be made as may be necessary to determine whether the
3-14 motorcycle or motor-driven cycle exceeds one hundred twenty-five
3-15 (125) cc piston displacement. When the Department has reason to
3-16 believe that a certified model of motorcycles or motor-driven
3-17 cycles being sold commercially exceeds one hundred twenty-five
3-18 (125) cc displacement, the Department may conduct a hearing as
3-19 prescribed under Subsection (f), Section 108, Uniform Act
3-20 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-21 Statutes). The Department shall compile a list naming each model
3-22 and make of motorcycles and motor-driven cycles certified by the
3-23 Department as not exceeding one hundred twenty-five (125) cc piston
3-24 displacement and make the list available upon request of the public
3-25 and to persons who sell motorcycles and motor-driven cycles. Any
3-26 peace officer may stop and detain any motorcycle or motor-driven
3-27 cycle for the purpose of inspecting the motorcycle or motor-driven
3-28 cycle to determine if the motorcycle or motor-driven cycle is of a
3-29 model and make certified by the Department>.
3-30 (3) <The Department is also required to certify
3-31 whether vehicles which are purported to be mopeds conform to the
3-32 definition of that vehicle. The Department shall certify those
3-33 vehicles under the same procedure as it certifies motorcycles and
3-34 motor-driven cycles.> The Department may <shall> compile a list of
3-35 models of motorcycles, motor-driven cycles, and mopeds which have
3-36 been certified. Any peace officer may stop and detain a person
3-37 operating a motorcycle, motor-driven cycle, or moped to determine
3-38 if the vehicle being operated conforms to the type or general class
3-39 of vehicle the licensee may drive including special restrictions
3-40 and endorsements <is of a model and make certified by the
3-41 Department>.
3-42 SECTION 5. Subsection (c), Section 2, Uniform Act Regulating
3-43 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
3-44 is amended to read as follows:
3-45 (c) "Motorcycle" means every motor vehicle having a saddle
3-46 for the use of the rider and designed to propel itself with not
3-47 more than three (3) wheels in contact with the ground but excluding
3-48 a tractor or any three-wheeled vehicle equipped with a cab, seat,
3-49 and seat belt and designed to contain the operator of the vehicle
3-50 inside the cab.
3-51 SECTION 6. This Act takes effect September 1, 1995.
3-52 SECTION 7. The importance of this legislation and the
3-53 crowded condition of the calendars in both houses create an
3-54 emergency and an imperative public necessity that the
3-55 constitutional rule requiring bills to be read on three several
3-56 days in each house be suspended, and this rule is hereby suspended.
3-57 * * * * *