By Pitts                                         H.B. No. 350

      75R1955 JD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the wearing of protective headgear by certain

 1-3     motorcycle operators and passengers.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 661.003, Transportation Code, is amended

 1-6     to read as follows:

 1-7           Sec. 661.003.  Offenses Relating to Not Wearing Protective

 1-8     Headgear BY MINOR.  (a)   A person commits an offense if the

 1-9     person:

1-10                 (1)  is younger than 18 years of age;

1-11                 (2)  operates or rides as a passenger on a motorcycle

1-12     on a public street or highway; and

1-13                 (3) [(2)]  is not wearing protective headgear that

1-14     meets safety standards adopted by the department.

1-15           (b)  A person commits an offense if the person carries on a

1-16     motorcycle on a public street or highway a passenger who is younger

1-17     than 18 years of age and is not wearing protective headgear that

1-18     meets safety standards adopted by the department.

1-19           (c)  [It is a defense to prosecution under this section that

1-20     at the time the offense was committed, the person required to wear

1-21     protective headgear:]

1-22                 [(1)  was at least 18 years old; and]

1-23                 [(2)  presented a medical exemption complying with

1-24     Subsection (d) to the peace officer who arrested the person.]

 2-1           [(d)  Only a practicing physician licensed by the Texas State

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

 2-3     physician may issue the medical exemption only to a person who has

 2-4     an acute head or facial injury that would be worsened if the person

 2-5     wore protective headgear.  The medical exemption must be on a form

 2-6     prescribed by the department and expires on the 10th day after the

 2-7     date it is issued.]

 2-8           [(e)]  An offense under this section is a misdemeanor

 2-9     punishable by a fine of not less than $10 or more than $50.

2-10           SECTION 2.  (a)  This Act takes effect September 1, 1997.

2-11           (b)  The changes in law made by this Act apply only to an

2-12     offense committed on or after September 1, 1997.  An offense

2-13     committed before September 1, 1997, is covered by the law in effect

2-14     when the offense was committed, and the former law is continued in

2-15     effect for that purpose.  For purposes of this subsection, an

2-16     offense was committed before September 1, 1997, if any element of

2-17     the offense occurred before that date.

2-18           (c)  To the extent of any conflict, this Act prevails over

2-19     another Act of the 75th Legislature, Regular Session, 1997,

2-20     relating to nonsubstantive additions to and corrections in enacted

2-21     codes.

2-22           SECTION 3.  Section 1, Chapter 539, Acts of the 74th

2-23     Legislature, Regular Session, 1995, is repealed.

2-24           SECTION 4.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended.