By:  Wentworth                                         S.R. No. 829

                                  SENATE RESOLUTION

 1-1           BE IT RESOLVED by the Senate of the State of Texas, 75th

 1-2     Legislature, Regular Session, 1997, That Senate Rule 12.03 be

 1-3     suspended in part as provided by Senate Rule 12.08 to enable the

 1-4     conference committee appointed to resolve the differences on Senate

 1-5     Bill No. 99 to consider and take action on the following specific

 1-6     matters:

 1-7           1.  Senate Rule 12.03(4) is suspended to permit the committee

 1-8     to add text on a matter that is not included in Section 661.003,

 1-9     Transportation Code, as amended by either the house or senate

1-10     version of the bill.  The added text reads as follows:

1-11           (c)  It is an exception to the application of Subsection (a)

1-12     or (b) [a defense to prosecution under this section] that at the

1-13     time the offense was committed, the person required to wear

1-14     protective headgear[:]

1-15                 [(1)]  was at least 21 [18] years old[;] and had

1-16     successfully completed a motorcycle operator training and safety

1-17     course under Chapter 662 or was covered by a health insurance plan

1-18     providing the person with at least $10,000 in medical benefits for

1-19     injuries incurred as a result of an accident while operating or

1-20     riding on a motorcycle [(2) presented a medical exemption complying

1-21     with Subsection (d) to the peace officer who arrested the person].

1-22           (d)  The Department of Public Safety shall issue a sticker to

1-23     a person who:

 2-1                 (1)  applies to the department on a form provided by

 2-2     the department;

 2-3                 (2)  provides the department with evidence satisfactory

 2-4     to the department showing that the person:

 2-5                       (A)  is the owner of a motorcycle that is

 2-6     currently registered in this state; and

 2-7                       (B)  has successfully completed the training and

 2-8     safety course described by Subsection (c) or has the insurance

 2-9     coverage described by that subsection; and

2-10                 (3)  pays a fee of $5 for the sticker [Only a

2-11     practicing physician licensed by the Texas State Board of Medical

2-12     Examiners may issue a medical exemption and the physician may issue

2-13     the medical exemption only to a person who has an acute head or

2-14     facial injury that would be worsened if the person wore protective

2-15     headgear.  The medical exemption must be on a form prescribed by

2-16     the department and expires on the 10th day after the date it is

2-17     issued].

2-18           (e)  A person may apply to the Department of Public Safety

2-19     for a sticker for each motorcycle owned by the applicant.

2-20           (f)  A sticker issued by the Department of Public Safety

2-21     under Subsection (d) expires on the third anniversary of the date

2-22     of issuance.

2-23           (g)  A person operating or riding as a passenger on a

2-24     motorcycle that displays on the license plate of the motorcycle or

2-25     the license plate mounting bracket a sticker issued by the

 3-1     Department of Public Safety under Subsection (d) is presumed to

 3-2     have successfully completed the training and safety course

 3-3     described by Subsection (c) or to have the insurance coverage

 3-4     described by that subsection.

 3-5           EXPLANATION:  This addition is necessary to:

 3-6                 (1)  provide as an alternative to the requirement that

 3-7     a person 21 years of age or older be covered by a health insurance

 3-8     plan that the person have completed a motorcycle operator training

 3-9     and safety course approved by the Department of Public Safety; and

3-10                 (2)  provide for the issuance of a sticker by the

3-11     Department of Public Safety to a qualified individual for display

3-12     on the person's motorcycle and for the creation of a presumption

3-13     that the person operating a motorcycle that displays the sticker

3-14     has the required insurance or has completed the motorcycle training

3-15     and safety course.

3-16                                  ______________________________________

3-17                                          President of the Senate

3-18                                       I hereby certify that the above

3-19                                  Resolution was adopted by the Senate

3-20                                  on May 23, 1997, by the following vote:

3-21                                  Yeas 26, Nays 5.

3-22                                  ______________________________________

3-23                                          Secretary of the Senate

3-24                                  ______________________________________

3-25                                            Member, Texas Senate