By: Carona S.B. No. 1967
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the safe operation of motorcycles and other vehicles in
  this state; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 201, Transportation Code,
  is amended by adding Section 201.621 to read as follows:
         Sec. 201.621.  MOTORCYCLIST SAFETY AND SHARE THE ROAD
  CAMPAIGN.  From funds appropriated for that purpose, the department
  shall conduct a continuing public awareness campaign to promote
  motorcyclist safety and the concept of sharing the road with
  motorcyclists.
         SECTION 2.  Subchapter G, Chapter 521, Transportation Code,
  is amended by adding Section 521.148 to read as follows:
         Sec. 521.148.  APPLICATION FOR CLASS M LICENSE OR
  AUTHORIZATION TO OPERATE MOTORCYCLE. (a)  An applicant for an
  original Class M license or Class A, B, or C driver's license that
  includes an authorization to operate a motorcycle must furnish to
  the department evidence satisfactory to the department that the
  applicant has successfully completed a basic motorcycle operator
  training course approved by the department under Chapter 662.
         (b)  The department may not issue an original Class M license
  or Class A, B, or C driver's license that includes an authorization
  to operate a motorcycle to an applicant who fails to comply with
  Subsection (a).
         (c)  When the department issues a license to which this
  section applies, the department shall provide the person to whom
  the license is issued with written information about the Glenda
  Dawson Donate Life-Texas Registry program established under
  Chapter 49, Health and Safety Code.
         SECTION 3.  Subchapter C, Chapter 522, Transportation Code,
  is amended by adding Section 522.034 to read as follows:
         Sec. 522.034.  APPLICATION FOR AUTHORIZATION TO OPERATE
  MOTORCYCLE. (a)  An applicant for an original commercial driver's
  license or commercial driver learner's permit that includes an
  authorization to operate a motorcycle must furnish to the
  department evidence satisfactory to the department that the
  applicant has successfully completed a basic motorcycle operator
  training course approved by the department under Chapter 662.
         (b)  The department may not issue an original commercial
  driver's license or commercial driver learner's permit that
  includes an authorization to operate a motorcycle to an applicant
  who fails to comply with Subsection (a).
         (c)  When the department issues a license or permit to which
  this section applies, the department shall provide the person to
  whom the license is issued with written information about the
  Glenda Dawson Donate Life-Texas Registry program established under
  Chapter 49, Health and Safety Code.
         SECTION 4.  Subchapter D, Chapter 542, Transportation Code,
  is amended by adding Section 542.4045 to read as follows:
         Sec. 542.4045.  PENALTIES FOR FAILURE TO YIELD RIGHT-OF-WAY
  OFFENSE RESULTING IN ACCIDENT. If it is shown on the trial of an
  offense under this subtitle in which an element is the failure by
  the operator of a vehicle to yield the right-of-way to another
  vehicle that an accident resulted from the operator's failure to
  yield the right-of-way:
               (1)  the offense is a Class B misdemeanor with a minimum
  fine of $500, if a person other than the operator of the vehicle
  suffered bodily injury in the accident; and
               (2)  the offense is a Class A misdemeanor with a minimum
  fine of $1,000, if a person other than the operator of the vehicle
  suffered serious bodily injury in the accident.
         SECTION 5.  Section 661.003, Transportation Code, is amended
  by amending Subsection (c) and adding Subsections (c-1) and (c-2)
  to read as follows:
         (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.
         (c-1)  A peace officer may not stop or detain a person who is
  the operator of or a passenger on a motorcycle for the sole purpose
  of determining whether the person has successfully completed the
  motorcycle operator training and safety course or is covered by a
  health insurance plan.
         (c-2)  The Texas Department of Insurance shall prescribe a
  standard proof of health insurance for issuance to persons who are
  at least 21 years of age and covered by a health insurance plan
  described by Subsection (c).
         SECTION 6.  Subsection (a), Section 662.011, Transportation
  Code, is amended to read as follows:
         (a)  Of each fee collected under Sections 521.421(b) and (f)
  and[,] Sections 522.029(f) and (g), [and Section 661.003(d),] the
  Department of Public Safety shall send $5 to the comptroller for
  deposit to the credit of the motorcycle education fund account.
         SECTION 7.  Subchapter C, Chapter 1001, Education Code, is
  amended by adding Section 1001.1025 to read as follows:
         Sec. 1001.1025.  MOTORCYCLE AWARENESS INFORMATION.  
  (a)  The agency by rule shall require that information relating to
  motorcycle awareness, the dangers of failing to yield the
  right-of-way to a motorcyclist, and the need to share the road with
  motorcyclists be included in the curriculum of any driver education
  course or driving safety course.
         (b)  In developing rules under this section, the agency shall
  consult with the department.
         SECTION 8.  Subsections (d), (e), (f), and (g), Section
  661.003, Transportation Code, are repealed.
         SECTION 9.  The change in law made by this Act to Chapters
  521 and 522, Transportation Code, apply only in connection with an
  application for a driver's license, personal identification
  certificate, commercial driver's license, or commercial driver
  learner's permit filed on or after the effective date of this Act.  
  An application for a driver's license, personal identification
  certificate, commercial driver's license, or commercial driver
  learner's permit filed before the effective date of this Act is
  covered by the law in effect when the application was filed, and the
  former law is continued in effect for that purpose.
         SECTION 10.  This Act takes effect September 1, 2009.