Texas 2009 - 81st Regular

Texas Senate Bill SB1967 Compare Versions

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1	1	S.B. No. 1967
2	2
3	3
4	4	AN ACT
5	5	relating to the safe operation of motorcycles and other vehicles in
6	6	this state; providing penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter H, Chapter 201, Transportation Code,
9	9	is amended by adding Section 201.621 to read as follows:
10	10	Sec. 201.621. MOTORCYCLIST SAFETY AND SHARE THE ROAD
11	11	CAMPAIGN. From funds appropriated for that purpose, the department
12	12	shall conduct a continuing public awareness campaign to promote
13	13	motorcyclist safety and the concept of sharing the road with
14	14	motorcyclists.
15	15	SECTION 2. Subsection (a), Section 521.001, Transportation
16	16	Code, is amended by adding Subdivision (6-a) to read as follows:
17	17	(6-a) "Motorcycle" includes an enclosed three-wheeled
18	18	passenger vehicle that:
19	19	(A) is designed to operate with three wheels in
20	20	contact with the ground;
21	21	(B) has a minimum unladen weight of 900 pounds;
22	22	(C) has a single, completely enclosed, occupant
23	23	compartment;
24	24	(D) at a minimum, is equipped with:
25	25	(i) seats that are certified by the vehicle
26	26	manufacturer to meet the requirements of Federal Motor Vehicle
27	27	Safety Standard No. 207, 49 C.F.R. Section 571.207;
28	28	(ii) a steering wheel used to maneuver the
29	29	vehicle;
30	30	(iii) a propulsion unit located in front of
31	31	or behind the enclosed occupant compartment;
32	32	(iv) a seat belt for each vehicle occupant
33	33	certified by the manufacturer to meet the requirements of Federal
34	34	Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
35	35	(v) a windshield and one or more windshield
36	36	wipers certified by the manufacturer to meet the requirements of
37	37	Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section
38	38	571.205, and Federal Motor Vehicle Safety Standard No. 104, 49
39	39	C.F.R. Section 571.104; and
40	40	(vi) a vehicle structure certified by the
41	41	vehicle manufacturer to meet the requirements of Federal Motor
42	42	Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and
43	43	(E) is produced by its manufacturer in a minimum
44	44	quantity of 300 in any calendar year.
45	45	SECTION 3. Section 521.085, Transportation Code, is amended
46	46	to read as follows:
47	47	Sec. 521.085. TYPE OF VEHICLE AUTHORIZED. (a) Unless
48	48	prohibited by Chapter 522, and except as provided by Subsection
49	49	(b), the license holder may operate any vehicle of the type for
50	50	which that class of license is issued and any lesser type of vehicle
51	51	other than a motorcycle or moped.
52	52	(b) Subsection (a) does not prohibit a license holder from
53	53	operating a lesser type of vehicle that is a motorcycle described by
54	54	Section 521.001(a)(6-a).
55	55	SECTION 4. Subchapter G, Chapter 521, Transportation Code,
56	56	is amended by adding Section 521.148 to read as follows:
57	57	Sec. 521.148. APPLICATION FOR CLASS M LICENSE OR
58	58	AUTHORIZATION TO OPERATE MOTORCYCLE. (a) An applicant for an
59	59	original Class M license or Class A, B, or C driver's license that
60	60	includes an authorization to operate a motorcycle must furnish to
61	61	the department evidence satisfactory to the department that the
62	62	applicant has successfully completed a basic motorcycle operator
63	63	training course approved by the department under Chapter 662.
64	64	(b) The department may not issue an original Class M license
65	65	or Class A, B, or C driver's license that includes an authorization
66	66	to operate a motorcycle to an applicant who fails to comply with
67	67	Subsection (a).
68	68	(c) When the department issues a license to which this
69	69	section applies, the department shall provide the person to whom
70	70	the license is issued with written information about the Glenda
71	71	Dawson Donate Life-Texas Registry program established under
72	72	Chapter 49, Health and Safety Code.
73	73	SECTION 5. Subchapter C, Chapter 522, Transportation Code,
74	74	is amended by adding Section 522.034 to read as follows:
75	75	Sec. 522.034. APPLICATION FOR AUTHORIZATION TO OPERATE
76	76	MOTORCYCLE. (a) An applicant for an original commercial driver's
77	77	license or commercial driver learner's permit that includes an
78	78	authorization to operate a motorcycle must furnish to the
79	79	department evidence satisfactory to the department that the
80	80	applicant has successfully completed a basic motorcycle operator
81	81	training course approved by the department under Chapter 662.
82	82	(b) The department may not issue an original commercial
83	83	driver's license or commercial driver learner's permit that
84	84	includes an authorization to operate a motorcycle to an applicant
85	85	who fails to comply with Subsection (a).
86	86	(c) When the department issues a license or permit to which
87	87	this section applies, the department shall provide the person to
88	88	whom the license is issued with written information about the
89	89	Glenda Dawson Donate Life-Texas Registry program established under
90	90	Chapter 49, Health and Safety Code.
91	91	SECTION 6. Subchapter D, Chapter 542, Transportation Code,
92	92	is amended by adding Section 542.4045 to read as follows:
93	93	Sec. 542.4045. PENALTIES FOR FAILURE TO YIELD RIGHT-OF-WAY
94	94	OFFENSE RESULTING IN ACCIDENT. If it is shown on the trial of an
95	95	offense under this subtitle in which an element is the failure by
96	96	the operator of a vehicle to yield the right-of-way to another
97	97	vehicle that an accident resulted from the operator's failure to
98	98	yield the right-of-way:
99	99	(1) the offense is punishable by a fine of not less
100	100	than $500 or more than $2,000, if a person other than the operator
101	101	of the vehicle suffered bodily injury, as defined by Section 1.07,
102	102	Penal Code, in the accident; and
103	103	(2) the offense is punishable by a fine of not less
104	104	than $1,000 or more than $4,000, if a person other than the operator
105	105	of the vehicle suffered serious bodily injury, as defined by
106	106	Section 1.07, Penal Code, in the accident.
107	107	SECTION 7. Subdivision (1), Section 661.001,
108	108	Transportation Code, is amended to read as follows:
109	109	(1) "Motorcycle" means a motor vehicle designed to
110	110	propel itself with not more than three wheels in contact with the
111	111	ground, and having a saddle for the use of the rider. The term does
112	112	not include a tractor or a three-wheeled vehicle equipped with a cab
113	113	or occupant compartment, seat, and seat belt and designed to
114	114	contain the operator in the cab or occupant compartment.
115	115	SECTION 8. Section 661.003, Transportation Code, is amended
116	116	by amending Subsection (c) and adding Subsections (c-1) and (c-2)
117	117	to read as follows:
118	118	(c) It is an exception to the application of Subsection (a)
119	119	or (b) that at the time the offense was committed, the person
120	120	required to wear protective headgear was at least 21 years old and
121	121	had successfully completed a motorcycle operator training and
122	122	safety course under Chapter 662 or was covered by a health insurance
123	123	plan providing the person with [at least $10,000 in] medical
124	124	benefits for injuries incurred as a result of an accident while
125	125	operating or riding on a motorcycle. A peace officer may not arrest
126	126	a person or issue a citation to a person for a violation of
127	127	Subsection (a) or (b) if the person required to wear protective
128	128	headgear is at least 21 years of age and presents evidence
129	129	sufficient to show that the person required to wear protective
130	130	headgear has successfully completed a motorcycle operator training
131	131	and safety course or is covered by a health insurance plan as
132	132	described by this subsection.
133	133	(c-1) A peace officer may not stop or detain a person who is
134	134	the operator of or a passenger on a motorcycle for the sole purpose
135	135	of determining whether the person has successfully completed the
136	136	motorcycle operator training and safety course or is covered by a
137	137	health insurance plan.
138	138	(c-2) The Texas Department of Insurance shall prescribe a
139	139	standard proof of health insurance for issuance to persons who are
140	140	at least 21 years of age and covered by a health insurance plan
141	141	described by Subsection (c).
142	142	SECTION 9. Subsection (a), Section 662.011, Transportation
143	143	Code, is amended to read as follows:
144	144	(a) Of each fee collected under Sections 521.421(b) and (f)
145	145	and[,] Sections 522.029(f) and (g), [and Section 661.003(d),] the
146	146	Department of Public Safety shall send $5 to the comptroller for
147	147	deposit to the credit of the motorcycle education fund account.
148	148	SECTION 10. Section 680.013, Transportation Code, is
149	149	amended to read as follows:
150	150	Sec. 680.013. USE OF PREFERENTIAL LANE BY MOTORCYCLE. A
151	151	motorcycle, including a motorcycle described by Section
152	152	521.001(a)(6-a), may be operated in a preferential lane that is not
153	153	closed to all vehicular traffic.
154	154	SECTION 11. Subchapter C, Chapter 1001, Education Code, is
155	155	amended by adding Section 1001.1025 to read as follows:
156	156	Sec. 1001.1025. MOTORCYCLE AWARENESS INFORMATION.
157	157	(a) The agency by rule shall require that information relating to
158	158	motorcycle awareness, the dangers of failing to yield the
159	159	right-of-way to a motorcyclist, and the need to share the road with
160	160	motorcyclists be included in the curriculum of any driver education
161	161	course or driving safety course.
162	162	(b) In developing rules under this section, the agency shall
163	163	consult with the department.
164	164	SECTION 12. Subsections (d), (e), (f), and (g), Section
165	165	661.003, Transportation Code, are repealed.
166	166	SECTION 13. The change in law made by this Act to Chapters
167	167	521 and 522, Transportation Code, apply only in connection with an
168	168	application for a driver's license, personal identification
169	169	certificate, commercial driver's license, or commercial driver
170	170	learner's permit filed on or after the effective date of this Act.
171	171	An application for a driver's license, personal identification
172	172	certificate, commercial driver's license, or commercial driver
173	173	learner's permit filed before the effective date of this Act is
174	174	covered by the law in effect when the application was filed, and the
175	175	former law is continued in effect for that purpose.
176	176	SECTION 14. This Act takes effect September 1, 2009.
177	177	______________________________ ______________________________
178	178	President of the Senate Speaker of the House
179	179	I hereby certify that S.B. No. 1967 passed the Senate on
180	180	April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
181	181	the Senate concurred in House amendments on May 29, 2009, by the
182	182	following vote: Yeas 31, Nays 0.
183	183	______________________________
184	184	Secretary of the Senate
185	185	I hereby certify that S.B. No. 1967 passed the House, with
186	186	amendments, on May 26, 2009, by the following vote: Yeas 144,
187	187	Nays 0, one present not voting.
188	188	______________________________
189	189	Chief Clerk of the House
190	190	Approved:
191	191	______________________________
192	192	Date
193	193	______________________________
194	194	Governor