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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of motorcycles and motorcycle operators. |
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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 Malorie's Law. |
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SECTION 2. Sec. 662.002, Transportation Code, is amended to |
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read as follows: |
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Sec. 662.002. PURPOSE OF PROGRAM; CURRICULUM. (a) The |
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purpose of the motorcycle operator training and safety program is: |
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(1) to make available to motorcycle operators: |
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(A) information relating to the operation of |
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motorcycles; and |
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(B) courses in knowledge, skills, and safety |
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relating to the operation of motorcycles; and |
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(2) to provide information to the public on sharing |
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roadways with motorcycles. |
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(b) The program shall: |
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(1) contain material regarding operating a motorcycle |
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while carrying a passenger, and |
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(2) may include curricula developed by the Motorcycle |
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Safety Foundation. |
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SECTION 3. Section 545.416, Transportation Code, is amended |
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to read as follows: |
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Sec. 545.416. RIDING ON MOTORCYCLE. (a) An operator of a |
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motorcycle shall ride on the permanent and regular seat attached to |
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the motorcycle. |
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(b) An operator may not carry another person on the |
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motorcycle, and a person who is not operating the motorcycle may not |
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ride on the motorcycle, unless the motorcycle is designed to carry |
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more than one person. |
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(c) If the motorcycle is designed to carry more than one |
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person, a passenger may ride only on the permanent and regular seat, |
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if designed for two persons, or on another seat firmly attached to |
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the motorcycle behind or to the side of the operator. |
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(d) If a motorcycle is designed to carry more than one |
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person, the motorcycle must be equipped with foot rests and |
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handholds for use by a passenger on the motorcycle. |
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(d) (e) Except as provided by Subsection (f), an operator |
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may not carry another person on a motorcycle unless the other person |
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is at least five years of age. An offense under this subsection is a |
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misdemeanor punishable by a fine of not less than $100 or more than |
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$200. It is a defense to prosecution under this subsection that the |
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operator was operating the motorcycle in an emergency or for a law |
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enforcement purpose. |
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[(e)] (f) Subsection (d)(e) does not prohibit an operator |
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from carrying on a motorcycle a person younger than five years of |
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age who is seated in a sidecar attached to the motorcycle. |
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SECTION 4. This Act takes effect on September 1, 2013. |