1-1 AN ACT
1-2 relating to motorcycle operator and passenger safety.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 661.003(c) and (d), Transportation Code,
1-5 are amended to read as follows:
1-6 (c) It is an exception to the application of Subsection (a)
1-7 or (b) that at the time the offense was committed, the person
1-8 required to wear protective headgear was at least 21 years old and
1-9 had successfully completed a motorcycle operator training and
1-10 safety course under Chapter 662 or was covered by a health
1-11 insurance plan providing the person with at least $10,000 in
1-12 medical benefits for injuries incurred as a result of an accident
1-13 while operating or riding on a motorcycle. A peace officer may not
1-14 arrest a person or issue a citation to a person for a violation of
1-15 Subsection (a) or (b) if the person required to wear protective
1-16 headgear is at least 21 years of age and presents evidence
1-17 sufficient to show that the person required to wear protective
1-18 headgear has successfully completed a motorcycle operator training
1-19 and safety course or is covered by a health insurance plan as
1-20 described by this subsection.
1-21 (d) The department shall issue a sticker to a person who:
1-22 (1) is at least 21 years old;
1-23 (2) applies to the department on a form provided by
1-24 the department;
2-1 (3) [(2)] provides the department with evidence
2-2 satisfactory to the department showing that the person:
2-3 (A) is the owner of a motorcycle that is
2-4 currently registered in this state; and
2-5 (B) has successfully completed the training and
2-6 safety course described by Subsection (c) or has the insurance
2-7 coverage described by that subsection; and
2-8 (4) [(3)] pays a fee of $5 for the sticker.
2-9 SECTION 2. Section 662.011, Transportation Code, is amended
2-10 by adding Subsection (c) to read as follows:
2-11 (c) The comptroller shall report to the governor and
2-12 legislature not later than the first Monday in November of each
2-13 even-numbered year on the condition of the account. The report
2-14 must contain:
2-15 (1) a statement of the amount of money deposited to
2-16 the credit of the account for the year;
2-17 (2) a statement of the amount of money disbursed by
2-18 the comptroller from the account for the year;
2-19 (3) a statement of the balance of money in the
2-20 account;
2-21 (4) a list of persons and entities that have received
2-22 money from the account, including information for each person or
2-23 entity that shows the amount of money received; and
2-24 (5) a statement of any significant problems
2-25 encountered in administering the account, with recommendations for
2-26 their solution.
2-27 SECTION 3. Chapter 662, Transportation Code, is amended by
3-1 adding Section 662.012 to read as follows:
3-2 Sec. 662.012. REPORTS. (a) The designated state agency
3-3 shall require each provider of a motorcycle operator training and
3-4 safety program to compile and forward to the agency each month a
3-5 report on the provider's programs. The report must include:
3-6 (1) the number and types of courses provided in the
3-7 reporting period;
3-8 (2) the number of persons who took each course in the
3-9 reporting period;
3-10 (3) the number of instructors available to provide
3-11 training under the provider's program in the reporting period;
3-12 (4) information collected by surveying persons taking
3-13 each course as to the length of any waiting period the person
3-14 experienced before being able to enroll in the course;
3-15 (5) the number of persons on a waiting list for a
3-16 course at the end of the reporting period; and
3-17 (6) any other information the agency reasonably
3-18 requires.
3-19 (b) The designated state agency shall maintain a compilation
3-20 of the reports submitted under Subsection (a) on a by-site basis.
3-21 The agency shall update the compilation as soon as practicable
3-22 after the beginning of each month.
3-23 (c) The designated state agency shall provide without charge
3-24 a copy of the most recent compilation under Subsection (b) to any
3-25 member of the legislature on request.
3-26 SECTION 4. Section 1701.253, Occupations Code, is amended by
3-27 adding Subsection (e) to read as follows:
4-1 (e) As part of the minimum curriculum requirements relating
4-2 to the vehicle and traffic laws of this state, the commission shall
4-3 require an education and training program on laws relating to the
4-4 operation of motorcycles and to the wearing of protective headgear
4-5 by motorcycle operators and passengers. In addition, the
4-6 commission shall require education and training on motorcycle
4-7 operator profiling awareness and sensitivity training.
4-8 SECTION 5. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2585 was passed by the House on April
20, 2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2585 on May 25, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2585 on May 27, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2585 was passed by the Senate, with
amendments, on May 22, 2001, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2585 on May 27, 2001,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor