81(R) SB 1967 - Enrolled version

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�	S.B.�No.�1967

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�	AN ACT
�	relating to the safe operation of motorcycles and other vehicles in
�	this state; providing penalties.
�	��BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	��SECTION�1.��Subchapter H, Chapter 201, Transportation Code,
�	is amended by adding Section 201.621 to read as follows:
�	��Sec.�201.621.��MOTORCYCLIST SAFETY AND SHARE THE ROAD
�	CAMPAIGN. From funds appropriated for that purpose, the department
�	shall conduct a continuing public awareness campaign to promote
�	motorcyclist safety and the concept of sharing the road with
�	motorcyclists.
�	��SECTION�2.��Subsection (a), Section 521.001, Transportation
�	Code, is amended by adding Subdivision (6-a) to read as follows:
�	��(6-a)��"Motorcycle" includes an enclosed three-wheeled
�	passenger vehicle that:
�	��(A)��is designed to operate with three wheels in
�	contact with the ground;
�	��(B)��has a minimum unladen weight of 900 pounds;
�	��(C)��has a single, completely enclosed, occupant
�	compartment;
�	��(D)��at a minimum, is equipped with:
�	��(i)��seats that are certified by the vehicle
�	manufacturer to meet the requirements of Federal Motor Vehicle
�	Safety Standard No. 207, 49 C.F.R. Section 571.207;
�	��(ii)��a steering wheel used to maneuver the
�	vehicle;
�	��(iii)��a propulsion unit located in front of
�	or behind the enclosed occupant compartment;
�	��(iv)��a seat belt for each vehicle occupant
�	certified by the manufacturer to meet the requirements of Federal
�	Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
�	��(v)��a windshield and one or more windshield
�	wipers certified by the manufacturer to meet the requirements of
�	Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section
�	571.205, and Federal Motor Vehicle Safety Standard No. 104, 49
�	C.F.R. Section 571.104; and
�	��(vi)��a vehicle structure certified by the
�	vehicle manufacturer to meet the requirements of Federal Motor
�	Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and
�	��(E)��is produced by its manufacturer in a minimum
�	quantity of 300 in any calendar year.
�	��SECTION�3.��Section 521.085, Transportation Code, is amended
�	to read as follows:
�	��Sec.�521.085.��TYPE OF VEHICLE AUTHORIZED.�(a) Unless
�	prohibited by Chapter 522, and except as provided by Subsection
�	(b), the license holder may operate any vehicle of the type for
�	which that class of license is issued and any lesser type of vehicle
�	other than a motorcycle or moped.
�	��(b)��Subsection (a) does not prohibit a license holder from
�	operating a lesser type of vehicle that is a motorcycle described by
�	Section 521.001(a)(6-a).
�	��SECTION�4.��Subchapter G, Chapter 521, Transportation Code,
�	is amended by adding Section 521.148 to read as follows:
�	��Sec.�521.148.��APPLICATION FOR CLASS M LICENSE OR
�	AUTHORIZATION TO OPERATE MOTORCYCLE. (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.
�	��(b)��The department may not issue an original Class M license
�	or Class A, B, or C driver's license that includes an authorization
�	to operate a motorcycle to an applicant who fails to comply with
�	Subsection (a).
�	��(c)��When the department issues a license to which this
�	section applies, the department shall provide the person to whom
�	the license is issued with written information about the Glenda
�	Dawson Donate Life-Texas Registry program established under
�	Chapter 49, Health and Safety Code.
�	��SECTION�5.��Subchapter C, Chapter 522, Transportation Code,
�	is amended by adding Section 522.034 to read as follows:
�	��Sec.�522.034.��APPLICATION FOR AUTHORIZATION TO OPERATE
�	MOTORCYCLE. (a)��An applicant for an original commercial driver's
�	license or commercial driver learner's permit 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.
�	��(b)��The department may not issue an original commercial
�	driver's license or commercial driver learner's permit that
�	includes an authorization to operate a motorcycle to an applicant
�	who fails to comply with Subsection (a).
�	��(c)��When the department issues a license or permit to which
�	this section applies, the department shall provide the person to
�	whom the license is issued with written information about the
�	Glenda Dawson Donate Life-Texas Registry program established under
�	Chapter 49, Health and Safety Code.
�	��SECTION�6.��Subchapter D, Chapter 542, Transportation Code,
�	is amended by adding Section 542.4045 to read as follows:
�	��Sec.�542.4045.��PENALTIES FOR FAILURE TO YIELD RIGHT-OF-WAY
�	OFFENSE RESULTING IN ACCIDENT. If it is shown on the trial of an
�	offense under this subtitle in which an element is the failure by
�	the operator of a vehicle to yield the right-of-way to another
�	vehicle that an accident resulted from the operator's failure to
�	yield the right-of-way:
�	��(1)��the offense is punishable by a fine of not less
�	than $500 or more than $2,000, if a person other than the operator
�	of the vehicle suffered bodily injury, as defined by Section 1.07,
�	Penal Code, in the accident; and
�	��(2)��the offense is punishable by a fine of not less
�	than $1,000 or more than $4,000, if a person other than the operator
�	of the vehicle suffered serious bodily injury, as defined by
�	Section 1.07, Penal Code, in the accident.
�	��SECTION�7.��Subdivision (1), Section 661.001,
�	Transportation Code, is amended to read as follows:
�	��(1)��"Motorcycle" means a motor vehicle designed to
�	propel itself with not more than three wheels in contact with the
�	ground, and having a saddle for the use of the rider. The term does
�	not include a tractor or a three-wheeled vehicle equipped with a cab
�	or occupant compartment, seat, and seat belt and designed to
�	contain the operator in the cab or occupant compartment.
�	��SECTION�8.��Section 661.003, Transportation Code, is amended
�	by amending Subsection (c) and adding Subsections (c-1) and (c-2)
�	to read as follows:
�	��(c)��It is an exception to the application of Subsection (a)
�	or (b) that at the time the offense was committed, the person
�	required to wear protective headgear was at least 21 years old and
�	had successfully completed a motorcycle operator training and
�	safety course under Chapter 662 or was covered by a health insurance
�	plan providing the person with [~~at least $10,000 in~~] medical
�	benefits for injuries incurred as a result of an accident while
�	operating or riding on a motorcycle. A peace officer may not arrest
�	a person or issue a citation to a person for a violation of
�	Subsection (a) or (b) if the person required to wear protective
�	headgear is at least 21 years of age and presents evidence
�	sufficient to show that the person required to wear protective
�	headgear has successfully completed a motorcycle operator training
�	and safety course or is covered by a health insurance plan as
�	described by this subsection.
�	��(c-1)��A peace officer may not stop or detain a person who is
�	the operator of or a passenger on a motorcycle for the sole purpose
�	of determining whether the person has successfully completed the
�	motorcycle operator training and safety course or is covered by a
�	health insurance plan.
�	��(c-2)��The Texas Department of Insurance shall prescribe a
�	standard proof of health insurance for issuance to persons who are
�	at least 21 years of age and covered by a health insurance plan
�	described by Subsection (c).
�	��SECTION�9.��Subsection (a), Section 662.011, Transportation
�	Code, is amended to read as follows:
�	��(a)��Of each fee collected under Sections 521.421(b) and (f)
�	and[,] Sections 522.029(f) and (g), [~~and Section 661.003(d),~~] the
�	Department of Public Safety shall send $5 to the comptroller for
�	deposit to the credit of the motorcycle education fund account.
�	��SECTION�10.��Section 680.013, Transportation Code, is
�	amended to read as follows:
�	��Sec.�680.013.��USE OF PREFERENTIAL LANE BY MOTORCYCLE. A
�	motorcycle, including a motorcycle described by Section
�	521.001(a)(6-a), may be operated in a preferential lane that is not
�	closed to all vehicular traffic.
�	��SECTION�11.��Subchapter C, Chapter 1001, Education Code, is
�	amended by adding Section 1001.1025 to read as follows:
�	��Sec.�1001.1025.��MOTORCYCLE AWARENESS INFORMATION.
�	(a)��The agency by rule shall require that information relating to
�	motorcycle awareness, the dangers of failing to yield the
�	right-of-way to a motorcyclist, and the need to share the road with
�	motorcyclists be included in the curriculum of any driver education
�	course or driving safety course.
�	��(b)��In developing rules under this section, the agency shall
�	consult with the department.
�	��SECTION�12.��Subsections (d), (e), (f), and (g), Section
�	661.003, Transportation Code, are repealed.
�	��SECTION�13.��The change in law made by this Act to Chapters
�	521 and 522, Transportation Code, apply only in connection with an
�	application for a driver's license, personal identification
�	certificate, commercial driver's license, or commercial driver
�	learner's permit filed on or after the effective date of this Act.
�	An application for a driver's license, personal identification
�	certificate, commercial driver's license, or commercial driver
�	learner's permit filed before the effective date of this Act is
�	covered by the law in effect when the application was filed, and the
�	former law is continued in effect for that purpose.
�	��SECTION�14.��This Act takes effect September 1, 2009.
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�	______________________________	______________________________
�	��President of the Senate	Speaker of the House��
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�	��I hereby certify that S.B.�No.�1967 passed the Senate on
�	April�23,�2009, by the following vote: Yeas�30, Nays�0; and that
�	the Senate concurred in House amendments on May�29,�2009, by the
�	following vote: Yeas�31, Nays�0.
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�	______________________________
�	Secretary of the Senate��
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�	��I hereby certify that S.B.�No.�1967 passed the House, with
�	amendments, on May�26,�2009, by the following vote: Yeas�144,
�	Nays�0, one present not voting.
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�	______________________________
�	Chief Clerk of the House��
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�	Approved:
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�	______________________________�
�	��Date
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�	______________________________�
�	��Governor

	
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