By:  Shapleigh                                        S.R. No. 1232
                                  SENATE RESOLUTION
 1-1           BE IT RESOLVED by the Senate of the State of Texas, 77th
 1-2     Legislature, Regular Session, 2001, 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 House
 1-5     Bill No. 2585, relating to motorcycle operator and passenger
 1-6     safety, to consider and take action on the following matter:
 1-7           Senate Rule 12.03(4) is suspended to permit the committee to
 1-8     add a new section to the bill to read as follows:
 1-9           SECTION 1.  Section 661.003(c), Transportation Code, is
1-10     amended to read as follows:
1-11           (c)  It is an exception to the application of Subsection (a)
1-12     or (b) that at the time the offense was committed, the person
1-13     required to wear protective headgear was at least 21 years old and
1-14     had successfully completed a motorcycle operator training and
1-15     safety course under Chapter 662 or was covered by a health
1-16     insurance plan providing the person with at least $10,000 in
1-17     medical benefits for injuries incurred as a result of an accident
1-18     while operating or riding on a motorcycle.  A peace officer may not
1-19     arrest a person or issue a citation to a person for a violation of
1-20     Subsection (a) or (b) if the person required to wear protective
1-21     headgear is at least 21 years of age and presents evidence
1-22     sufficient to show that the person required to wear protective
1-23     headgear has successfully completed a motorcycle operator training
1-24     and safety course or is covered by a health insurance plan as
1-25     described by this subsection.
 2-1           Explanation:  This addition is necessary to prohibit a peace
 2-2     officer from arresting a motorcycle operator or passenger for a
 2-3     violation of the law that requires the wearing of protective
 2-4     headgear and from issuing a citation for a violation of that law if
 2-5     the motorcycle operator or passenger produces evidence to show that
 2-6     the operator or passenger is excepted from the requirement to wear
 2-7     protective headgear.
 2-8                                  ______________________________________
 2-9                                          President of the Senate
2-10                                       I hereby certify that the above
2-11                                  Resolution was adopted by the Senate
2-12                                  on May 27, 2001, by the following
2-13                                  vote:  Yeas 30, Nays 0, one present
2-14                                  not voting.
2-15                                  ______________________________________
2-16                                          Secretary of the Senate