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A BILL TO BE ENTITLED
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AN ACT
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relating to a memorial sign program for victims of motorcycle |
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accidents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Mike Grove |
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Motorcycle Fatality Awareness Act. |
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SECTION 2. Subchapter K, Chapter 201, Transportation Code, |
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is amended by adding Section 201.911 to read as follows: |
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Sec. 201.911. MEMORIAL SIGN PROGRAM FOR MOTORCYCLISTS. |
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(a) In this section, "victim" means a person killed in a highway |
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accident while operating or riding on a motorcycle. |
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(b) The commission by rule shall establish and administer a |
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memorial sign program to publicly memorialize the victims of |
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motorcycle accidents. |
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(c) A sign designed and posted under this section shall |
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include: |
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(1) a red cross; |
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(2) the phrase "In Memory Of" and the name of one or |
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more victims in accordance with the commission rule; and |
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(3) the date of the accident that resulted in the |
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victim's death. |
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(d) The sign may include the names of more than one victim if |
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the total length of the names does not exceed one line of text. |
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(e) A person may request that a sign be posted under this |
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section by: |
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(1) making an application to the department on a form |
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prescribed by the department; and |
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(2) submitting a fee to the department in an amount |
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determined by the department to cover the costs of posting the |
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memorial sign. |
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(f) If the application meets the department's requirements |
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and the applicant pays the memorial sign fee, the department shall |
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erect a sign. A sign posted under this section may remain posted |
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for one year. At the end of the one-year period, the department may |
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release the sign to the applicant. The department is not required |
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to release a sign that has been damaged. |
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(g) The department shall remove a sign posted under this |
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section that is damaged. Except as provided by Subsection (h), the |
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department may post a new sign if less than one year has passed from |
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the posting of the original sign and a person: |
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(1) submits a written request to the department to |
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replace the sign; and |
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(2) submits a replacement fee in the amount provided |
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by Subsection (e)(2). |
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(h) During the one-year posting period, the department |
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shall replace a sign posted under this section if the sign is |
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damaged because of the department's negligence. |
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(i) This section does not authorize the department to remove |
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an existing privately funded memorial that conforms to state law |
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and department rules. A privately funded memorial may remain |
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indefinitely as long as the memorial conforms to state law and |
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department rules. |
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(j) The commission shall adopt rules to implement this |
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section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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