AN ACT
1-1 relating to the wearing of protective headgear by certain
1-2 motorcycle operators and passengers and to a driver's license that
1-3 authorizes the operation of a motorcycle.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 521.421, Transportation Code, is amended
1-6 by amending Subsections (b) and (e) and adding Subsection (f) to
1-7 read as follows:
1-8 (b) The fee for renewal of a Class M license or for renewal
1-9 of a license that includes authorization to operate a motorcycle is
1-10 $21.
1-11 (e) An applicant who changes from a lower to a higher class
1-12 of license or who adds a type of vehicle other than a motorcycle to
1-13 the license shall pay a $10 fee for the required examination.
1-14 (f) An applicant applying for additional authorization to
1-15 operate a motorcycle shall pay a $15 fee for the required
1-16 application.
1-17 SECTION 2. Section 522.029, Transportation Code, is amended
1-18 by amending Subsections (a) and (d) and adding Subsections (f) and
1-19 (g) to read as follows:
1-20 (a) The fee for a commercial driver's license or commercial
1-21 driver learner's permit issued by the department is $40, except as
1-22 provided by Subsection (f).
1-23 (d) An applicant who is changing a class of license,
2-1 endorsement, or restriction or who is adding a class of vehicle
2-2 other than a motorcycle to the license must pay a fee of $10 for
2-3 the examination, except for a renewal or original issuance of a
2-4 commercial driver's license.
2-5 (f) The fee for renewal of a commercial driver's license or
2-6 a commercial driver learner's permit that includes authorization to
2-7 operate a motorcycle is $45.
2-8 (g) An applicant who is applying for additional
2-9 authorization to operate a motorcycle shall pay a fee of $15 for
2-10 the examination.
2-11 SECTION 3. Section 661.003, Transportation Code, is amended
2-12 to read as follows:
2-13 Sec. 661.003. OFFENSES RELATING TO NOT WEARING PROTECTIVE
2-14 HEADGEAR. (a) A person commits an offense if the person:
2-15 (1) operates or rides as a passenger on a motorcycle
2-16 on a public street or highway; and
2-17 (2) is not wearing protective headgear that meets
2-18 safety standards adopted by the department.
2-19 (b) A person commits an offense if the person carries on a
2-20 motorcycle on a public street or highway a passenger who is not
2-21 wearing protective headgear that meets safety standards adopted by
2-22 the department.
2-23 (c) It is an exception to the application of Subsection (a)
2-24 or (b) [a defense to prosecution under this section] that at the
2-25 time the offense was committed, the person required to wear
3-1 protective headgear[:]
3-2 [(1)] was at least 21 [18] years old[;] and had
3-3 successfully completed a motorcycle operator training and safety
3-4 course under Chapter 662 or was covered by a health insurance plan
3-5 providing the person with at least $10,000 in medical benefits for
3-6 injuries incurred as a result of an accident while operating or
3-7 riding on a motorcycle [(2) presented a medical exemption
3-8 complying with Subsection (d) to the peace officer who arrested the
3-9 person].
3-10 (d) The Department of Public Safety shall issue a sticker to
3-11 a person who:
3-12 (1) applies to the department on a form provided by
3-13 the department;
3-14 (2) provides the department with evidence satisfactory
3-15 to the department showing that the person:
3-16 (A) is the owner of a motorcycle that is
3-17 currently registered in this state; and
3-18 (B) has successfully completed the training and
3-19 safety course described by Subsection (c) or has the insurance
3-20 coverage described by that subsection; and
3-21 (3) pays a fee of $5 for the sticker [Only a
3-22 practicing physician licensed by the Texas State Board of Medical
3-23 Examiners may issue a medical exemption and the physician may issue
3-24 the medical exemption only to a person who has an acute head or
3-25 facial injury that would be worsened if the person wore protective
4-1 headgear. The medical exemption must be on a form prescribed by
4-2 the department and expires on the 10th day after the date it is
4-3 issued].
4-4 (e) A person may apply to the Department of Public Safety
4-5 for a sticker for each motorcycle owned by the applicant.
4-6 (f) A sticker issued by the Department of Public Safety
4-7 under Subsection (d) expires on the third anniversary of the date
4-8 of issuance.
4-9 (g) A person operating or riding as a passenger on a
4-10 motorcycle that displays on the license plate of the motorcycle or
4-11 the license plate mounting bracket a sticker issued by the
4-12 Department of Public Safety under Subsection (d) is presumed to
4-13 have successfully completed the training and safety course
4-14 described by Subsection (c) or to have the insurance coverage
4-15 described by that subsection.
4-16 (h) An offense under this section is a misdemeanor
4-17 punishable by a fine of not less than $10 or more than $50.
4-18 (i) In this section, "health insurance plan" means an
4-19 individual, group, blanket, or franchise insurance policy,
4-20 insurance agreement, evidence of coverage, group hospital services
4-21 contract, health maintenance organization membership, or employee
4-22 benefit plan that provides benefits for health care services or for
4-23 medical or surgical expenses incurred as a result of an accident.
4-24 SECTION 4. Chapter 662, Transportation Code, is amended by
4-25 adding Section 662.011 to read as follows:
5-1 Sec. 662.011. MOTORCYCLE EDUCATION FUND ACCOUNT. (a) Of
5-2 each fee collected under Sections 521.421(b) and (f), Sections
5-3 522.029(f) and (g), and Section 661.003(d), the Department of
5-4 Public Safety shall send $5 to the comptroller for deposit to the
5-5 credit of the motorcycle education fund account.
5-6 (b) Money deposited to the credit of the motorcycle
5-7 education fund account may be used only to defray the cost of
5-8 administering the motorcycle operator training and safety program.
5-9 SECTION 5. (a) In addition to the new changes in law made
5-10 by this Act, this Act conforms the Transportation Code to the
5-11 changes in law made by:
5-12 (1) Subdivision (38), Section 1, Chapter 1058, Acts of
5-13 the 74th Legislature, 1995; and
5-14 (2) Section 1, Chapter 539, Acts of the 74th
5-15 Legislature, 1995.
5-16 (b) Section 1, Chapter 539, Acts of the 74th Legislature,
5-17 1995, is repealed.
5-18 (c) To the extent of any conflict, this Act prevails over
5-19 another Act of the 75th Legislature, Regular Session, 1997,
5-20 relating to nonsubstantive additions to and corrections in enacted
5-21 codes.
5-22 SECTION 6. (a) This Act takes effect September 1, 1997.
5-23 (b) The changes in law made by Sections 1 and 2 of this Act
5-24 to a fee that an applicant under Chapters 521 and 522,
5-25 Transportation Code, must pay apply only to a person who applies to
6-1 the Department of Public Safety on or after September 1, 1997, for
6-2 renewal of a Class M driver's license or for the addition to the
6-3 person's driver's license or commercial driver learner's permit or
6-4 driver's license of authorization to operate a motorcycle. The fee
6-5 required of a person who applies to the Department of Public Safety
6-6 before September 1, 1997, for renewal of a Class M driver's license
6-7 or for the addition of authorization to operate a motorcycle is
6-8 covered by the law in effect on the date the person applied to the
6-9 Department of Public Safety, and the former law is continued in
6-10 effect for that purpose.
6-11 (c) The changes in law made by Section 3 of this Act apply
6-12 only to an offense committed on or after September 1, 1997. An
6-13 offense committed before September 1, 1997, is covered by the law
6-14 in effect when the offense was committed, and the former law is
6-15 continued in effect for that purpose. For purposes of this
6-16 subsection, an offense was committed before September 1, 1997, if
6-17 any element of the offense occurred before that date.
6-18 SECTION 7. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 99
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 99 passed the Senate on
March 24, 1997, by a viva-voce vote; April 30, 1997, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 5, 1997, House granted request of the
Senate; May 28, 1997, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 99 passed the House, with
amendments, on April 15, 1997, by the following vote: Yeas 110,
Nays 30, one present not voting; May 5, 1997, House granted request
of the Senate for appointment of Conference Committee;
May 28, 1997, House adopted Conference Committee Report by a
non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor