R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 75th Legislature, Regular Session, 1997, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on Senate Bill No. 99 to consider and take
1-6 action on the following specific matters:
1-7 1. House Rule 13, Section 9(a)(4), is suspended to permit
1-8 the committee to add text on a matter that is not included in
1-9 Section 661.003, Transportation Code, as amended by either the
1-10 house or senate version of the bill. The added text reads as
1-11 follows:
1-12 (c) It is an exception to the application of Subsection (a)
1-13 or (b) [a defense to prosecution under this section] that at the
1-14 time the offense was committed, the person required to wear
1-15 protective headgear[:]
1-16 [(1)] was at least 21 [18] years old[;] and had
1-17 successfully completed a motorcycle operator training and safety
1-18 course under Chapter 662 or was covered by a health insurance plan
1-19 providing the person with at least $10,000 in medical benefits for
1-20 injuries incurred as a result of an accident while operating or
1-21 riding on a motorcycle [(2) presented a medical exemption
1-22 complying with Subsection (d) to the peace officer who arrested the
1-23 person].
1-24 (d) The Department of Public Safety shall issue a sticker to
2-1 a person who:
2-2 (1) applies to the department on a form provided by
2-3 the department;
2-4 (2) provides the department with evidence satisfactory
2-5 to the department showing that the person:
2-6 (A) is the owner of a motorcycle that is
2-7 currently registered in this state; and
2-8 (B) has successfully completed the training and
2-9 safety course described by Subsection (c) or has the insurance
2-10 coverage described by that subsection; and
2-11 (3) pays a fee of $5 for the sticker [Only a
2-12 practicing physician licensed by the Texas State Board of Medical
2-13 Examiners may issue a medical exemption and the physician may issue
2-14 the medical exemption only to a person who has an acute head or
2-15 facial injury that would be worsened if the person wore protective
2-16 headgear. The medical exemption must be on a form prescribed by
2-17 the department and expires on the 10th day after the date it is
2-18 issued].
2-19 (e) A person may apply to the Department of Public Safety
2-20 for a sticker for each motorcycle owned by the applicant.
2-21 (f) A sticker issued by the Department of Public Safety
2-22 under Subsection (d) expires on the third anniversary of the date
2-23 of issuance.
2-24 (g) A person operating or riding as a passenger on a
2-25 motorcycle that displays on the license plate of the motorcycle or
2-26 the license plate mounting bracket a sticker issued by the
2-27 Department of Public Safety under Subsection (d) is presumed to
3-1 have successfully completed the training and safety course
3-2 described by Subsection (c) or to have the insurance coverage
3-3 described by that subsection.
3-4 EXPLANATION: This addition is necessary to:
3-5 (1) provide as an alternative to the requirement that
3-6 a person 21 years of age or older be covered by a health insurance
3-7 plan that the person have completed a motorcycle operator training
3-8 and safety course approved by the Department of Public Safety; and
3-9 (2) provide for the issuance of a sticker by the
3-10 Department of Public Safety to a qualified individual for display
3-11 on the person's motorcycle and for the creation of a presumption
3-12 that the person operating a motorcycle that displays the sticker
3-13 has the required insurance or has completed the motorcycle training
3-14 and safety course.
Pitts
_______________________________
Speaker of the House
I certify that H.R. No. 1032 was adopted by the House on May
21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House