By: Rosson S.B. No. 1623
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
2-1 trade name of the vehicle; the year model; the style, type of body
2-2 and the weight, if a passenger car, or the net carrying capacity
2-3 and gross weight if a commercial motor vehicle, or the engine cc
2-4 piston displacement if a motorcycle, motor-driven cycle or moped;
2-5 the motor number; the date of sale by manufacturer or dealer to the
2-6 applicant. The application shall contain such other information as
2-7 may be required by the Department.
2-8 SECTION 3. Section 24, Certificate of Title Act (Article
2-9 6687-1, Vernon's Texas Civil Statutes), is amended to read as
2-10 follows:
2-11 Sec. 24. The term "Certificate of Title" means a written
2-12 instrument which may be issued solely by and under the authority of
2-13 the department, and which must give the following data together
2-14 with such other data as the department may require from time to
2-15 time:
2-16 (a) The name and address of the purchaser and seller at
2-17 first sale or transferee and transferor at any subsequent sale.
2-18 (b) The make.
2-19 (c) The body type.
2-20 (d) The motor number.
2-21 At such time as the stamping of permanent identification
2-22 numbers on motor vehicles in a manner and place easily accessible
2-23 for physical examination is universally adopted by motor vehicle
2-24 manufacturers as the permanent vehicle identification, the
2-25 department is authorized to use such permanent identification
3-1 number as the major identification of motor vehicles subsequently
3-2 manufactured. The motor number will continue to be the major
3-3 identification of vehicles manufactured before such change is
3-4 adopted.
3-5 (e) The serial number.
3-6 (f) The license number of the current Texas plates.
3-7 (g) The names and addresses and dates of any liens on the
3-8 motor vehicle, in chronological order of recordation.
3-9 (h) If no liens are registered on the motor vehicle, a
3-10 statement of such fact.
3-11 (i) A space for the signature of the owner and the owner
3-12 shall write his name with pen and ink in such space upon receipt of
3-13 the certificate.
3-14 (j) A statement indicating "rights of survivorship" when an
3-15 agreement providing that the motor vehicle is to be held between a
3-16 husband and his wife jointly with the interest of either spouse who
3-17 dies to survive to the surviving spouse is surrendered with the
3-18 application for certificate of title. This agreement is valid only
3-19 if signed by both husband and wife and, if signed, the certificate
3-20 shall be issued in the name of both.
3-21 (k) If the motor vehicle is equipped with an odometer, the
3-22 number of miles the motor vehicle has travelled as reflected by the
3-23 application.
3-24 (l) If a motorcycle, motor-driven cycle, or moped, the
3-25 engine cc piston displacement.
4-1 SECTION 4. Section 4A, Chapter 173, Acts of the 47th
4-2 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
4-3 Civil Statutes), is amended by adding Subsection (f) to read as
4-4 follows:
4-5 (f) Any valid driver's license permits a person to drive a
4-6 moped.
4-7 SECTION 5. Subsection (e), Section 12, Chapter 173, Acts of
4-8 the 47th Legislature, Regular Session, 1941 (Article 6687b,
4-9 Vernon's Texas Civil Statutes), as amended by Chapters 81, 354, and
4-10 410, Acts of the 68th Legislature, Regular Session, 1983, is
4-11 amended to read as follows:
4-12 (e)(1) The Department may issue a special restricted
4-13 operator's license to any person between the ages of fifteen (15)
4-14 and eighteen (18) years to operate only a motorcycle or
4-15 motor-driven cycle, with not more than one hundred twenty-five
4-16 (125) cc piston displacement; provided such person has completed
4-17 and passed a motorcycle operator training course approved by the
4-18 Department and the person has obtained a high school diploma or its
4-19 equivalent or is a student enrolled in a public or private school
4-20 who attended school for at least 80 days in the fall or spring
4-21 semester preceding the date of application, or has been enrolled
4-22 for at least 45 days, and is currently enrolled, in a program to
4-23 prepare persons to pass the high school equivalency exam. This
4-24 motorcycle operator training course will be made available. This
4-25 motorcycle operator training course will be an exception to the
5-1 driver training course, regarding the age limit, as applied in
5-2 Section 7(a) of this Act. Upon reaching the age of sixteen (16)
5-3 and having completed the above course, the 125cc restriction shall
5-4 be removed without completing any further motorcycle courses. This
5-5 special restricted license shall be issued on application to the
5-6 Department in accordance with Section 7 of this Act; shall be
5-7 subject to the requirements of Section 10 of this Act, and to other
5-8 provisions of this Act in the same manner as operator's licenses;
5-9 and shall be in the form prescribed by the Department. The
5-10 Department may issue a special restricted operator's license to any
5-11 person at least fifteen (15) years old to operate only a moped. <A
5-12 driver's license is required for operators of mopeds. A person
5-13 must be at least fifteen (15) years old to be issued a license to
5-14 operate a moped.> The Department shall examine applicants for that
5-15 type of license by administering to them a written examination
5-16 concerning traffic laws and rules of the road applicable to the
5-17 operation of mopeds. No test involving the operation of the
5-18 vehicle is required. The fee for the license is Sixteen Dollars
5-19 ($16). All applicable provisions of this Act governing restricted
5-20 operator's licenses for the operation of motorcycles only also
5-21 apply to moped operator's licenses, including provisions relating
5-22 to the application, issuance, duration, suspension, and
5-23 cancellation of those licenses.
5-24 (2) The Department shall require manufacturers,
5-25 distributors, importers, and retailers of motorcycles, motor-driven
6-1 cycles, and mopeds to certify to the Department the cc piston
6-2 displacement of all such vehicles offered for sale and to be titled
6-3 and registered in this state. Certification shall be made by
6-4 including the cc piston displacement of the vehicle on the
6-5 manufacturer's certificate or other document to be prescribed by
6-6 the Department for purposes of showing original transfer of a new
6-7 motorcycle, motor-driven cycle, or moped from the manufacturer to
6-8 the original purchaser. The cc piston displacement also shall be
6-9 included on the certificate of title and registration for such
6-10 vehicle. The word moped shall be included on all manufacturer's
6-11 certificates and certificate of title and registration for vehicles
6-12 that conform to the definition of moped in Section 2(n), Uniform
6-13 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
6-14 Civil Statutes). <is hereby required to certify motorcycles and
6-15 motor-driven cycles to ascertain whether they exceed one hundred
6-16 twenty-five (125) cc piston displacement as required by this
6-17 section. The Department is further authorized to establish the
6-18 procedure which shall be followed to determine the cc piston
6-19 displacement of the motorcycles and motor-driven cycles. Any
6-20 person, firm or corporation may submit to the Department any such
6-21 motorcycle or motor-driven cycle and make application that the same
6-22 be tested as to conformity with the regulations of the Department.
6-23 Upon such application being made, the Department shall cause such
6-24 test to be made as may be necessary to determine whether the
6-25 motorcycle or motor-driven cycle exceeds one hundred twenty-five
7-1 (125) cc piston displacement. When the Department has reason to
7-2 believe that a certified model of motorcycles or motor-driven
7-3 cycles being sold commercially exceeds one hundred twenty-five
7-4 (125) cc displacement, the Department may conduct a hearing as
7-5 prescribed under Subsection (f), Section 108, Uniform Act
7-6 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
7-7 Statutes). The Department shall compile a list naming each model
7-8 and make of motorcycles and motor-driven cycles certified by the
7-9 Department as not exceeding one hundred twenty-five (125) cc piston
7-10 displacement and make the list available upon request of the public
7-11 and to persons who sell motorcycles and motor-driven cycles. Any
7-12 peace officer may stop and detain any motorcycle or motor-driven
7-13 cycle for the purpose of inspecting the motorcycle or motor-driven
7-14 cycle to determine if the motorcycle or motor-driven cycle is of a
7-15 model and make certified by the Department.>
7-16 (3) <The Department is also required to certify
7-17 whether vehicles which are purported to be mopeds conform to the
7-18 definition of that vehicle. The Department shall certify those
7-19 vehicles under the same procedure as it certifies motorcycles and
7-20 motor-driven cycles.> The Department may <shall> compile a list of
7-21 models of motorcycles, motor-driven cycles, and mopeds which have
7-22 been certified. Any peace officer may stop and detain a person
7-23 operating a motorcycle, motor-driven cycle, or moped to determine
7-24 if the vehicle being operated conforms to the type or general class
7-25 of vehicle the licensee may drive including special restrictions
8-1 and endorsements <is of a model and make certified by the
8-2 Department>.
8-3 SECTION 6. Subsection (c), Section 2, Uniform Act Regulating
8-4 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
8-5 is amended to read as follows:
8-6 (c) "Motorcycle" means every motor vehicle having a saddle
8-7 for the use of the rider and designed to propel itself with not
8-8 more than three (3) wheels in contact with the ground but excluding
8-9 a tractor or any three-wheeled vehicle equipped with a cab, seat,
8-10 and seat belt and designed to contain the operator of the vehicle
8-11 inside the cab.
8-12 SECTION 7. Subsection (f), Section 140, Uniform Act
8-13 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
8-14 Statutes), is repealed.
8-15 SECTION 8. This Act takes effect September 1, 1995.
8-16 SECTION 9. The importance of this legislation and the
8-17 crowded condition of the calendars in both houses create an
8-18 emergency and an imperative public necessity that the
8-19 constitutional rule requiring bills to be read on three several
8-20 days in each house be suspended, and this rule is hereby suspended.