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A BILL TO BE ENTITLED
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AN ACT
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relating to the safe operation of motorcycles and other vehicles in |
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this state; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 201, Transportation Code, |
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is amended by adding Section 201.621 to read as follows: |
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Sec. 201.621. MOTORCYCLIST SAFETY AND SHARE THE ROAD |
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CAMPAIGN. From funds appropriated for that purpose, the department |
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shall conduct a continuing public awareness campaign to promote |
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motorcyclist safety and the concept of sharing the road with |
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motorcyclists. |
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SECTION 2. Subchapter G, Chapter 521, Transportation Code, |
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is amended by adding Section 521.148 to read as follows: |
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Sec. 521.148. APPLICATION FOR CLASS M LICENSE OR |
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AUTHORIZATION TO OPERATE MOTORCYCLE. (a) An applicant for an |
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original Class M license or Class A, B, or C driver's license that |
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includes an authorization to operate a motorcycle must furnish to |
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the department evidence satisfactory to the department that the |
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applicant has successfully completed a basic motorcycle operator |
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training course approved by the department under Chapter 662. |
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(b) The department may not issue an original Class M license |
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or Class A, B, or C driver's license that includes an authorization |
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to operate a motorcycle to an applicant who fails to comply with |
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Subsection (a). |
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(c) When the department issues a license to which this |
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section applies, the department shall provide the person to whom |
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the license is issued with written information about the Glenda |
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Dawson Donate Life-Texas Registry program established under |
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Chapter 49, Health and Safety Code. |
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SECTION 3. Subchapter C, Chapter 522, Transportation Code, |
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is amended by adding Section 522.034 to read as follows: |
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Sec. 522.034. APPLICATION FOR AUTHORIZATION TO OPERATE |
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MOTORCYCLE. (a) An applicant for an original commercial driver's |
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license or commercial driver learner's permit that includes an |
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authorization to operate a motorcycle must furnish to the |
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department evidence satisfactory to the department that the |
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applicant has successfully completed a basic motorcycle operator |
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training course approved by the department under Chapter 662. |
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(b) The department may not issue an original commercial |
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driver's license or commercial driver learner's permit that |
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includes an authorization to operate a motorcycle to an applicant |
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who fails to comply with Subsection (a). |
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(c) When the department issues a license or permit to which |
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this section applies, the department shall provide the person to |
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whom the license is issued with written information about the |
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Glenda Dawson Donate Life-Texas Registry program established under |
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Chapter 49, Health and Safety Code. |
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SECTION 4. Subchapter D, Chapter 542, Transportation Code, |
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is amended by adding Section 542.4045 to read as follows: |
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Sec. 542.4045. PENALTIES FOR FAILURE TO YIELD RIGHT-OF-WAY |
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OFFENSE RESULTING IN ACCIDENT. If it is shown on the trial of an |
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offense under this subtitle in which an element is the failure by |
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the operator of a vehicle to yield the right-of-way to another |
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vehicle that an accident resulted from the operator's failure to |
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yield the right-of-way: |
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(1) the offense is a Class B misdemeanor with a minimum |
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fine of $500, if a person other than the operator of the vehicle |
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suffered bodily injury in the accident; and |
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(2) the offense is a Class A misdemeanor with a minimum |
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fine of $1,000, if a person other than the operator of the vehicle |
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suffered serious bodily injury in the accident. |
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SECTION 5. Section 661.003, Transportation Code, is amended |
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by amending Subsection (c) and adding Subsections (c-1) and (c-2) |
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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 and |
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had successfully completed a motorcycle operator training and |
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safety course under Chapter 662 or was covered by a health insurance |
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plan providing the person with [at least $10,000 in] medical |
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benefits for injuries incurred as a result of an accident while |
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operating or riding on a motorcycle. A peace officer may not arrest |
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a person or issue a citation to a person for a violation of |
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Subsection (a) or (b) if the person required to wear protective |
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headgear is at least 21 years of age and presents evidence |
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sufficient to show that the person required to wear protective |
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headgear has successfully completed a motorcycle operator training |
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and safety course or is covered by a health insurance plan as |
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described by this subsection. |
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(c-1) A peace officer may not stop or detain a person who is |
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the operator of or a passenger on a motorcycle for the sole purpose |
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of determining whether the person has successfully completed the |
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motorcycle operator training and safety course or is covered by a |
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health insurance plan. |
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(c-2) The Texas Department of Insurance shall prescribe a |
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standard proof of health insurance for issuance to persons who are |
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at least 21 years of age and covered by a health insurance plan |
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described by Subsection (c). |
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SECTION 6. Subsection (a), Section 662.011, Transportation |
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Code, is amended to read as follows: |
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(a) Of each fee collected under Sections 521.421(b) and (f) |
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and[,] Sections 522.029(f) and (g), [and Section 661.003(d),] the |
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Department of Public Safety shall send $5 to the comptroller for |
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deposit to the credit of the motorcycle education fund account. |
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SECTION 7. Subchapter C, Chapter 1001, Education Code, is |
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amended by adding Section 1001.1025 to read as follows: |
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Sec. 1001.1025. MOTORCYCLE AWARENESS INFORMATION. |
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(a) The agency by rule shall require that information relating to |
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motorcycle awareness, the dangers of failing to yield the |
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right-of-way to a motorcyclist, and the need to share the road with |
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motorcyclists be included in the curriculum of any driver education |
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course or driving safety course. |
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(b) In developing rules under this section, the agency shall |
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consult with the department. |
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SECTION 8. Subsections (d), (e), (f), and (g), Section |
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661.003, Transportation Code, are repealed. |
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SECTION 9. The change in law made by this Act to Chapters |
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521 and 522, Transportation Code, apply only in connection with an |
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application for a driver's license, personal identification |
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certificate, commercial driver's license, or commercial driver |
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learner's permit filed on or after the effective date of this Act. |
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An application for a driver's license, personal identification |
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certificate, commercial driver's license, or commercial driver |
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learner's permit filed before the effective date of this Act is |
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covered by the law in effect when the application was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2009. |