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