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.