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A BILL TO BE ENTITLED
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AN ACT
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relating to the protective headgear requirements for motorcycle |
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operators and passengers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 661.003(c) and (h), Transportation |
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Code, are amended to read as follows: |
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(c) It is an exception to the application of Subsection (a) |
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or (b) that at the time the offense was committed, the person |
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required to wear protective headgear was at least 21 years old, |
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[and] had successfully completed a motorcycle operator training and |
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safety course under Chapter 662, and [or] was covered by a health |
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insurance plan providing the person with at least $150,000 |
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[$10,000] in medical benefits for injuries incurred as a result of |
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an accident while operating or riding on a motorcycle. A peace |
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officer may not arrest a person or issue a citation to a person for a |
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violation of Subsection (a) or (b) if the person required to wear |
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protective headgear is at least 21 years of age, [and] presents |
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evidence sufficient to show that the person required to wear |
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protective headgear has successfully completed a motorcycle |
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operator training and safety course, and [or] is covered by a health |
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insurance plan as described by this subsection. |
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(h) An offense under this section is a misdemeanor |
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punishable by a fine of not less than $500 [$10] or more than $1,500 |
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[$50]. |
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SECTION 2. Section 661.004, Transportation Code, is amended |
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to read as follows: |
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Sec. 661.004. AUTHORITY OF PEACE OFFICER TO INSPECT |
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PROTECTIVE HEADGEAR. Any peace officer may stop and detain: |
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(1) a person who is a motorcycle operator or passenger |
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to inspect the person's protective headgear for compliance with the |
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safety standards prescribed by the department; or |
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(2) a person who is a motorcycle operator or passenger |
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who is not wearing protective headgear to inspect for sufficient |
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evidence of compliance with Section 661.003(c). |
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SECTION 3. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before this date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect June 1, 2008. |