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A BILL TO BE ENTITLED
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AN ACT
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relating to motorcycle and all-terrain vehicle training; creating |
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an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 662.006, Transportation Code, is amended |
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to read as follows: |
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Sec. 662.006. UNAUTHORIZED TRAINING PROHIBITED. (a) A |
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person may not offer or provide training in motorcycle operation |
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for [a] consideration unless the person is licensed by or contracts |
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with the designated state agency. |
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(b) A person who violates Subsection (a) commits an offense. |
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Each violation and each day that a violation continues is a separate |
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offense. An offense under this subsection is a Class C misdemeanor, |
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except that the offense is a Class B misdemeanor if it is shown on |
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the trial of the offense that the defendant has been previously |
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convicted two or more times of an offense under this section or |
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Section 663.020. |
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SECTION 2. Section 662.008, Transportation Code, is amended |
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by adding Subsections (c), (d), and (e) to read as follows: |
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(c) Notwithstanding Subsection (b), the designated agency |
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may immediately suspend or cancel approval of a program sponsor or |
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instructor: |
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(1) who engages in conduct that: |
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(A) is substantially inconsistent with public |
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safety, the purposes and requirements of this chapter, or any rules |
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adopted by the designated state agency; and |
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(B) creates a substantial risk of: |
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(i) an injury to a student or the public; or |
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(ii) harm or damage to property; |
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(2) who no longer meets the certification requirements |
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of the Motorcycle Safety Foundation or whose certification has been |
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denied, suspended, canceled, or revoked; |
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(3) convicted of: |
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(A) a felony; |
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(B) a misdemeanor involving moral turpitude; |
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(C) an offense involving the unlawful use or |
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possession of a controlled substance, as defined by Chapter 481, |
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Health and Safety Code; or |
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(D) a serious traffic offense as defined by the |
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designated state agency; or |
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(4) whose driver's license has expired or been denied, |
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suspended, canceled, or revoked. |
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(d) A program sponsor or instructor whose approval has been |
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suspended or canceled under Subsection (c) may request a |
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preliminary hearing before the director of the designated state |
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agency. The sponsor or instructor must provide sufficient |
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information to enable the program director to provide the sponsor |
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or instructor with notice of the time and location of the hearing. |
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The program director or the director of the designated state agency |
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may delegate the responsibility for conducting a preliminary |
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hearing to another employee of the designated agency who is |
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certified by the Motorcycle Safety Foundation as an instructor, if |
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the program director is not available. The preliminary hearing |
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must be held and completed not later than the third business day |
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after the date the designated state agency receives the preliminary |
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hearing request. |
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(e) A program sponsor or instructor whose approval has been |
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suspended or canceled under Subsection (c) may request a hearing, |
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either following or instead of a preliminary hearing under |
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Subsection (d). Following a request under this subsection, notice |
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for a hearing must be given as provided by: |
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(1) Chapter 2001, Government Code; and |
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(2) Chapter 53, Occupations Code. |
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SECTION 3. Section 663.017, Transportation Code, is amended |
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by adding Subsections (c), (d), and (e) to read as follows: |
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(c) Notwithstanding Subsection (b), the designated division |
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or state agency may immediately suspend or cancel approval of a |
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program sponsor or instructor: |
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(1) who engages in conduct that: |
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(A) is substantially inconsistent with public |
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safety, the purposes and requirements of this chapter, or any rules |
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adopted by the designated state agency; and |
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(B) creates a substantial risk of: |
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(i) an injury to a student or the public; or |
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(ii) harm or damage to property; |
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(2) convicted of: |
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(A) a felony; |
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(B) a misdemeanor involving moral turpitude; |
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(C) an offense involving the unlawful use or |
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possession of a controlled substance, as defined by Chapter 481, |
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Health and Safety Code; or |
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(D) a serious traffic offense as defined by the |
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designated division or state agency; or |
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(3) whose driver's license has expired or been denied, |
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suspended, canceled, or revoked. |
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(d) A program sponsor or instructor whose approval has been |
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suspended or canceled under Subsection (c) may request a |
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preliminary hearing before the safety coordinator of the designated |
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division or state agency. The sponsor or instructor must provide |
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sufficient information to enable the safety coordinator to provide |
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the sponsor or instructor with notice of the time and location of |
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the hearing. The safety coordinator or the director of the |
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designated division or agency may delegate the responsibility for |
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conducting a preliminary hearing to another employee of the |
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designated division or agency who is qualified to supervise the |
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program in the absence of the safety coordinator. The preliminary |
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hearing must be held and completed not later than the third business |
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day after the date the designated division or agency receives the |
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preliminary hearing request. |
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(e) A program sponsor or instructor whose approval has been |
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suspended or canceled under Subsection (c) may request a hearing, |
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either following or instead of a preliminary hearing under |
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Subsection (d). Following a request under this subsection, notice |
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for a hearing must be given as provided by: |
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(1) Chapter 2001, Government Code; and |
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(2) Chapter 53, Occupations Code. |
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SECTION 4. Subchapter B, Chapter 663, Transportation Code, |
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is amended by adding Section 663.020 to read as follows: |
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Sec. 663.020. UNAUTHORIZED TRAINING PROHIBITED. (a) A |
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person may not offer or provide training in all-terrain vehicle |
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operation for consideration unless the person is licensed by or |
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|
contracts with the designated division or state agency. |
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(b) A person who violates Subsection (a) commits an offense. |
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Each violation and each day that a violation continues is a separate |
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offense. An offense under this subsection is a Class C misdemeanor, |
|
|
except that the offense is a Class B misdemeanor if it is shown on |
|
|
the trial of the offense that the defendant has been previously |
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|
convicted two or more times of an offense under this section or |
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Section 662.006. |
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SECTION 5. This Act takes effect September 1, 2013. |