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A BILL TO BE ENTITLED
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AN ACT
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relating to motorcycle equipment and training and the license |
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requirements for a three-wheeled motorcycle; creating an offense. |
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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. Section 521.148(a), Transportation Code, is |
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amended to read as follows: |
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(a) An applicant for an original Class M license or Class A, |
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B, or C driver's license that includes an authorization to operate a |
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motorcycle must furnish to the department evidence satisfactory to |
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the department that the applicant has successfully completed a |
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[basic] motorcycle operator training course approved by the |
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department under Chapter 662. The department shall issue a Class M |
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license that is restricted to the operation of a three-wheeled |
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motorcycle if the motorcycle operator training course completed by |
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the applicant is specific to the operation of a three-wheeled |
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motorcycle. |
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SECTION 3. Section 545.416(b), Transportation Code, is |
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amended to read as follows: |
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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: |
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(1) designed to carry more than one person; and |
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(2) equipped with footrests and handholds for use by |
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the passenger. |
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SECTION 4. Effective January 1, 2015, Subchapter K, Chapter |
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547, Transportation Code, is amended by adding Section 547.617 to |
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read as follows: |
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Sec. 547.617. MOTORCYCLE FOOTRESTS AND HANDHOLDS REQUIRED. |
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A motorcycle that is designed to carry more than one person must be |
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equipped with footrests and handholds for use by the passenger. |
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SECTION 5. Section 662.002(b), Transportation Code, is |
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amended to read as follows: |
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(b) The program: |
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(1) shall contain information regarding operating a |
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motorcycle while carrying a passenger; and |
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(2) may [shall] include curricula developed by the |
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Motorcycle Safety Foundation. |
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SECTION 6. 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 conduct 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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An offense under this subsection is a Class B misdemeanor, except |
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that the offense is a Class A misdemeanor if it is shown on the trial |
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of the offense that the defendant has been previously convicted of |
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an offense under this section. |
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SECTION 7. Section 662.008(b), Transportation Code, is |
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amended to read as follows: |
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(b) Following denial, suspension, or cancellation of |
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[Before the designated state agency may deny, suspend, or cancel] |
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the approval of a program sponsor or an instructor, notice and |
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opportunity 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 8. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 9. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2013. |
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