S.B.No. 99 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) that at the 2-25 time the offense was committed, the person required to wear

3-1 protective headgear[:] 3-2 was at least 21 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 3-8 3-9 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 [ 3-22 3-23 3-24 3-25

4-1 4-2 4-3 ]. 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