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.