83R19359 JRR-F
 
  By: Watson S.B. No. 763
 
  (Phillips)
 
  Substitute the following for S.B. No. 763:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to motorcycle training, the enforcement of certification
  standards for motorcycles, and the license requirements for a
  three-wheeled motorcycle; creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 521.148(a), Transportation Code, is
  amended to read as follows:
         (a)  An applicant for an original Class M license or Class A,
  B, or C driver's license that includes an authorization to operate a
  motorcycle must furnish to the department evidence satisfactory to
  the department that the applicant has successfully completed a
  [basic] motorcycle operator training course approved by the
  department under Chapter 662. The department shall issue a Class M
  license that is restricted to the operation of a three-wheeled
  motorcycle if the motorcycle operator training course completed by
  the applicant is specific to the operation of a three-wheeled
  motorcycle.
         SECTION 2.  Section 662.002(b), Transportation Code, is
  amended to read as follows:
         (b)  The program shall include curricula approved by the
  state agency administering the program [developed by the Motorcycle
  Safety Foundation].
         SECTION 3.  Section 662.006, Transportation Code, is amended
  to read as follows:
         Sec. 662.006.  UNAUTHORIZED TRAINING PROHIBITED. (a) A
  person may not offer or conduct training in motorcycle operation
  for [a] consideration unless the person is licensed by or contracts
  with the designated state agency.
         (b)  A person who violates Subsection (a) commits an offense.  
  An offense under this subsection is a Class B misdemeanor, except
  that the offense is a Class A misdemeanor if it is shown on the trial
  of the offense that the defendant has been previously convicted of
  an offense under this section.
         SECTION 4.  Section 662.008(b), Transportation Code, is
  amended to read as follows:
         (b)  Following denial, suspension, or cancellation of
  [Before the designated state agency may deny, suspend, or cancel]
  the approval of a program sponsor or an instructor, notice and
  opportunity for a hearing must be given as provided by:
               (1)  Chapter 2001, Government Code; and
               (2)  Chapter 53, Occupations Code.
         SECTION 5.  Section 521.227, Transportation Code, is
  repealed.
         SECTION 6.  This Act takes effect September 1, 2013.