75R10951 JD-D
By Patterson, Armbrister S.B. No. 99
Substitute the following for S.B. No. 99:
By Siebert C.S.S.B. No. 99
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 21 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 21 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.