TWT H.B. 350 75(R)BILL ANALYSIS TRANSPORTATION H.B. 350 By: Pitts 3-24-97 Committee Report (Substituted) BACKGROUND Since 1989, the law has required everyone to wear protective headgear while operating or riding on a motorcycle. PURPOSE C.S.H.B. 350 will rescind the helmet law for adults while providing that a minor (younger than 21) commits a misdemeanor by operating or riding a motorcycle without protective headgear. It also requires the Texas Department of Public Safety (DPS) offer a motorcycle training course for a Class M license. The DPS may not issue a license to an applicant to operate a motorcycle unless a course has been completed. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter G, Chapter 521, Transportation Code, by adding Sec. 521.1421 which requires an applicant for an original Class M license to state whether a motorcycle operator training course has been completed. SECTION 2. Amends Subchapter K, Chapter 521, Transportation Code, by adding Sec. 521.2245 which prohibits the DPS from issuing an original Class M license to an applicant unless they have completed and passed a training course. Requires the DPS to make the course available. SECTION 3. Amends Section 661.003, Transportation Code, by deleting Subsection (c) and adds language to provide that a person commits a misdemeanor offense punishable by a fine of not less than $10 and not more than $50 under this section if the person is younger than 21 years of age or operates or rides as a passenger on a motorcycle and is not wearing protective headgear. SECTION 4.(a) Effective date: September 1, 1997. (b) Changes made by Sections 1 and 2 of this Act apply only to original applications for a Class M license made after Sept. 1, 1997. Applications to the DPS prior to Sept. 1, 1997, are covered by current law. (c) This Act conforms Sec. 661.003, Transportation Code, to Sec. 1, Chapter 539, Acts of the 74th Legislature, Regular Session, 1995. (d) Repeals Section 1, Chapter 539, Acts of the 74th Legislature, Regular Session, 1995 (Protective Headgear for Motorcycle Operators and Passengers). (e) Provides that this Act in conflict prevails over another Act of the 75th Legislature, Regular Session, 1997, relating to nonsubstantive additions to and corrections in enacted codes. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Moves Section 1 of the original to Section 3 of the substitute. Sections 1 and 2 of the substitute are entirely new. Section 3 of the substitute increase the age of the rider required to wear a protective helmet from younger than 18 in the original to younger than 21 in the substitute. Section 3 also changes the age requirement of a motorcycle passenger who must wear a protective helmet from younger than 18 in the original to younger than 21 in the substitute.