By Pitts, et al.                                       H.B. No. 350

         Substitute the following for H.B. No. 350:

         By Pickett                                         C.S.H.B. No. 350

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the issuance of a motorcycle driver's license and the

 1-3     wearing of protective headgear by certain motorcycle operators and

 1-4     passengers.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter G, Chapter 521, Transportation Code,

 1-7     is amended by adding Section 521.1421 to read as follows:

 1-8           Sec. 521.1421.  APPLICATION FOR ORIGINAL CLASS M LICENSE.  An

 1-9     application for an original Class M license must state whether the

1-10     applicant has completed a motorcycle operator training course

1-11     approved by the department.

1-12           SECTION 2.  Subchapter K, Chapter 521, Transportation Code,

1-13     is amended by adding Section 521.2245 to read as follows:

1-14           Sec. 521.2245.  CLASS M LICENSE.  (a)  The department may not

1-15     issue an original Class M license to an applicant unless the

1-16     applicant has completed and passed a motorcycle operator training

1-17     course approved by the department.

1-18           (b)  The department shall make the motorcycle operator

1-19     training course available.

1-20           SECTION 3.  Section 661.003, Transportation Code, is amended

1-21     to read as follows:

1-22           Sec. 661.003.  Offenses Relating to Not Wearing Protective

1-23     Headgear BY MINOR.  (a)   A person commits an offense if the

1-24     person:

 2-1                 (1)  is younger than 21 years of age;

 2-2                 (2)  operates or rides as a passenger on a motorcycle

 2-3     on a public street or highway; and

 2-4                 (3) [(2)]  is not wearing protective headgear that

 2-5     meets safety standards adopted by the department.

 2-6           (b)  A person commits an offense if the person carries on a

 2-7     motorcycle on a public street or highway a passenger who is younger

 2-8     than 21 years of age and is not wearing protective headgear that

 2-9     meets safety standards adopted by the department.

2-10           (c)  [It is a defense to prosecution under this section that

2-11     at the time the offense was committed, the person required to wear

2-12     protective headgear:]

2-13                 [(1)  was at least 18 years old; and]

2-14                 [(2)  presented a medical exemption complying with

2-15     Subsection (d) to the peace officer who arrested the person.]

2-16           [(d)  Only a practicing physician licensed by the Texas State

2-17     Board of Medical Examiners may issue a medical exemption and the

2-18     physician may issue the medical exemption only to a person who has

2-19     an acute head or facial injury that would be worsened if the person

2-20     wore protective headgear.  The medical exemption must be on a form

2-21     prescribed by the department and expires on the 10th day after the

2-22     date it is issued.]

2-23           [(e)]  An offense under this section is a misdemeanor

2-24     punishable by a fine of not less than $10 or more than $50.

2-25           SECTION 4.  (a)  This Act takes effect September 1, 1997.

2-26           (b)  The changes in law made by Sections 1 and 2 of this Act

2-27     apply only to a person who applies to the Texas Department of

 3-1     Public Safety for an original Class M license on or after September

 3-2     1, 1997.  A person who applied to the department for an original

 3-3     Class M license before September 1, 1997, is covered by the law in

 3-4     effect when the person applied, and the former law is continued in

 3-5     effect for that purpose.

 3-6           (c)  In addition to the substantive changes made by this Act,

 3-7     this Act conforms Section 661.003, Transportation Code, to Section

 3-8     1, Chapter 539, Acts of the 74th Legislature, Regular Session,

 3-9     1995.

3-10           (d)  Section 1, Chapter 539, Acts of the 74th Legislature,

3-11     Regular Session, 1995, is repealed.

3-12           (e)  To the extent of any conflict, this Act prevails over

3-13     another Act of the 75th Legislature, Regular Session, 1997,

3-14     relating to nonsubstantive additions to and corrections in enacted

3-15     codes.

3-16           SECTION 5.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended.