79R2622 JD-D
By: Chavez, Keel, Hupp, et al. H.B. No. 264
Substitute the following for H.B. No. 264:
By: Jackson C.S.H.B. No. 264
A BILL TO BE ENTITLED
AN ACT
relating to the wearing of protective headgear by certain
motorcycle operators and passengers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 661.003, Transportation Code, is amended
to read as follows:
Sec. 661.003. OFFENSES RELATING TO NOT WEARING PROTECTIVE
HEADGEAR. (a) A person commits an offense if the person:
(1) is younger than 21 years of age;
(2) operates or rides as a passenger on a motorcycle on
a public street or highway; and
(3) [(2)] is not wearing protective headgear that
meets safety standards adopted by the department.
(b) A person commits an offense if the person carries on a
motorcycle on a public street or highway a passenger younger than 21
years of age who is not wearing protective headgear that meets
safety standards adopted by the department.
(c) [It is an exception to the application of Subsection (a)
or (b) that at the time the offense was committed, the person
required to wear protective headgear was at least 21 years old and
had successfully completed a motorcycle operator training and
safety course under Chapter 662 or was covered by a health insurance
plan providing the person with at least $10,000 in medical benefits
for injuries incurred as a result of an accident while operating or
riding on a motorcycle. A peace officer may not arrest a person or
issue a citation to a person for a violation of Subsection (a) or
(b) if the person required to wear protective headgear is at least
21 years of age and presents evidence sufficient to show that the
person required to wear protective headgear has successfully
completed a motorcycle operator training and safety course or is
covered by a health insurance plan as described by this subsection.
[(d) The department shall issue a sticker to a person who:
[(1) is at least 21 years old;
[(2) applies to the department on a form provided by
the department;
[(3) provides the department with evidence
satisfactory to the department showing that the person:
[(A) is the owner of a motorcycle that is
currently registered in this state; and
[(B) has successfully completed the training and
safety course described by Subsection (c) or has the insurance
coverage described by that subsection; and
[(4) pays a fee of $5 for the sticker.
[(e) A person may apply to the department for a sticker for
each motorcycle owned by the applicant.
[(f) A sticker issued by the department under Subsection (d)
expires on the third anniversary of the date of issuance.
[(g) A person operating or riding as a passenger on a
motorcycle that displays on the license plate of the motorcycle or
the license plate mounting bracket a sticker issued by the
department under Subsection (d) is presumed to have successfully
completed the training and safety course described by Subsection
(c) or to have the insurance coverage described by that
subsection.
[(h)] An offense under this section is a misdemeanor
punishable by a fine of not less than $10 or more than $50.
[(i) In this section, "health insurance plan" means an
individual, group, blanket, or franchise insurance policy,
insurance agreement, evidence of coverage, group hospital services
contract, health maintenance organization membership, or employee
benefit plan that provides benefits for health care services or for
medical or surgical expenses incurred as a result of an accident.]
SECTION 2. (a) The change in law made by this Act applies
only to an offense committed on or after September 1, 2005.
(b) An offense committed before September 1, 2005, is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before September 1, 2005, if
any element of the offense was committed before that date.
SECTION 3. This Act takes effect September 1, 2005.