83R10851 JRR-F
By: Flynn H.B. No. 3414
A BILL TO BE ENTITLED
AN ACT
relating to motorcycle and all-terrain vehicle training; creating
an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 662.006, Transportation Code, is amended
to read as follows:
Sec. 662.006. UNAUTHORIZED TRAINING PROHIBITED. (a) A
person may not offer or provide 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.
Each violation and each day that a violation continues is a separate
offense. An offense under this subsection is a Class C misdemeanor,
except that the offense is a Class B misdemeanor if it is shown on
the trial of the offense that the defendant has been previously
convicted two or more times of an offense under this section or
Section 663.020.
SECTION 2. Section 662.008, Transportation Code, is amended
by adding Subsections (c), (d), and (e) to read as follows:
(c) Notwithstanding Subsection (b), the designated agency
may immediately suspend or cancel approval of a program sponsor or
instructor:
(1) who engages in conduct that:
(A) is substantially inconsistent with public
safety, the purposes and requirements of this chapter, or any rules
adopted by the designated state agency; and
(B) creates a substantial risk of:
(i) an injury to a student or the public; or
(ii) harm or damage to property;
(2) who no longer meets the certification requirements
of the Motorcycle Safety Foundation or whose certification has been
denied, suspended, canceled, or revoked;
(3) convicted of:
(A) a felony;
(B) a misdemeanor involving moral turpitude;
(C) an offense involving the unlawful use or
possession of a controlled substance, as defined by Chapter 481,
Health and Safety Code; or
(D) a serious traffic offense as defined by the
designated state agency; or
(4) whose driver's license has expired or been denied,
suspended, canceled, or revoked.
(d) A program sponsor or instructor whose approval has been
suspended or canceled under Subsection (c) may request a
preliminary hearing before the director of the designated state
agency. The sponsor or instructor must provide sufficient
information to enable the program director to provide the sponsor
or instructor with notice of the time and location of the hearing.
The program director or the director of the designated state agency
may delegate the responsibility for conducting a preliminary
hearing to another employee of the designated agency who is
certified by the Motorcycle Safety Foundation as an instructor, if
the program director is not available. The preliminary hearing
must be held and completed not later than the third business day
after the date the designated state agency receives the preliminary
hearing request.
(e) A program sponsor or instructor whose approval has been
suspended or canceled under Subsection (c) may request a hearing,
either following or instead of a preliminary hearing under
Subsection (d). Following a request under this subsection, notice
for a hearing must be given as provided by:
(1) Chapter 2001, Government Code; and
(2) Chapter 53, Occupations Code.
SECTION 3. Section 663.017, Transportation Code, is amended
by adding Subsections (c), (d), and (e) to read as follows:
(c) Notwithstanding Subsection (b), the designated division
or state agency may immediately suspend or cancel approval of a
program sponsor or instructor:
(1) who engages in conduct that:
(A) is substantially inconsistent with public
safety, the purposes and requirements of this chapter, or any rules
adopted by the designated state agency; and
(B) creates a substantial risk of:
(i) an injury to a student or the public; or
(ii) harm or damage to property;
(2) convicted of:
(A) a felony;
(B) a misdemeanor involving moral turpitude;
(C) an offense involving the unlawful use or
possession of a controlled substance, as defined by Chapter 481,
Health and Safety Code; or
(D) a serious traffic offense as defined by the
designated division or state agency; or
(3) whose driver's license has expired or been denied,
suspended, canceled, or revoked.
(d) A program sponsor or instructor whose approval has been
suspended or canceled under Subsection (c) may request a
preliminary hearing before the safety coordinator of the designated
division or state agency. The sponsor or instructor must provide
sufficient information to enable the safety coordinator to provide
the sponsor or instructor with notice of the time and location of
the hearing. The safety coordinator or the director of the
designated division or agency may delegate the responsibility for
conducting a preliminary hearing to another employee of the
designated division or agency who is qualified to supervise the
program in the absence of the safety coordinator. The preliminary
hearing must be held and completed not later than the third business
day after the date the designated division or agency receives the
preliminary hearing request.
(e) A program sponsor or instructor whose approval has been
suspended or canceled under Subsection (c) may request a hearing,
either following or instead of a preliminary hearing under
Subsection (d). Following a request under this subsection, notice
for a hearing must be given as provided by:
(1) Chapter 2001, Government Code; and
(2) Chapter 53, Occupations Code.
SECTION 4. Subchapter B, Chapter 663, Transportation Code,
is amended by adding Section 663.020 to read as follows:
Sec. 663.020. UNAUTHORIZED TRAINING PROHIBITED. (a) A
person may not offer or provide training in all-terrain vehicle
operation for consideration unless the person is licensed by or
contracts with the designated division or state agency.
(b) A person who violates Subsection (a) commits an offense.
Each violation and each day that a violation continues is a separate
offense. An offense under this subsection is a Class C misdemeanor,
except that the offense is a Class B misdemeanor if it is shown on
the trial of the offense that the defendant has been previously
convicted two or more times of an offense under this section or
Section 662.006.
SECTION 5. This Act takes effect September 1, 2013.