BILL ANALYSIS

C.S.H.B. 2470

By: Phillips

Homeland Security & Public Safety

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Sport bikes are high-powered motorcycles that are becoming increasingly popular in Texas. These bikes can reach very high speeds, and when used improperly, can be dangerous. With the high speed and maneuverability of these bikes, it is important that the bikes are properly equipped to support passengers, that passengers are knowledgeable of motorcycle safety regulations, and that the sport bike operators have sufficient experience before carrying a passenger on the bike.  C.S.H.B. 2470 sets out regulations relating to the operation of sport bikes.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2470 amends the Transportation Code to include a sport bike as a motorcycle for the purpose of a provision of law establishing that a Class M driver's license authorizes the holder of the license to operate a motorcycle or a moped.  The bill prohibits an operator, in addition to the requirements and prohibitions under provisions of law relating to riding a motorcycle, from carrying another person on a sport bike unless the sport bike is designed to carry more than one person and the operator is at least 18 years of age and has had a Class M license for at least two years or unless the other person is at least 18 years of age and holds a Class M license or is a certified motorcycle operator training and safety course instructor. The bill requires an operator of a sport bike to ensure that a passenger on the sport bike complies with all Department of Public Safety regulations relating to motorcycle safety. The bill requires a sport bike designed to carry more than one person to be equipped with foot pegs and handholds for use by a passenger on the sport bike.

C.S.H.B. 2470 defines "sport bike" to mean a motorcycle that is optimized for speed, acceleration, braking, and maneuverability on paved roads; that has a lightweight frame; on which the operator leans forward over the gas tank during operation; and that is not a touring, cruising, standard, or dual-sport motorcycle. The bill includes a sport bike in the definition of "motorcycle" for purposes of provisions of law relating to protective headgear for motorcycle operators and passengers.

C.S.H.B. 2470 provides a short title, Malorie's Law, for purposes of citing its provisions. The bill makes a conforming change.

EFFECTIVE DATE

September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2470 differs from the original in nonsubstantive ways in the provision defining "sport bike." The substitute differs from the original in other nonsubstantive ways by using language reflective of certain bill drafting conventions.