By: Phillips H.B. No. 3838
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of motorcycles and motorcycle operators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Malorie's Law.
SECTION 2. Sec. 662.002, Transportation Code, is amended to
read as follows:
Sec. 662.002. PURPOSE OF PROGRAM; CURRICULUM. (a) The
purpose of the motorcycle operator training and safety program is:
(1) to make available to motorcycle operators:
(A) information relating to the operation of
motorcycles; and
(B) courses in knowledge, skills, and safety
relating to the operation of motorcycles; and
(2) to provide information to the public on sharing
roadways with motorcycles.
(b) The program shall:
(1) contain material regarding operating a motorcycle
while carrying a passenger, and
(2) may include curricula developed by the Motorcycle
Safety Foundation.
SECTION 3. Section 545.416, Transportation Code, is amended
to read as follows:
Sec. 545.416. RIDING ON MOTORCYCLE. (a) An operator of a
motorcycle shall ride on the permanent and regular seat attached to
the motorcycle.
(b) An operator may not carry another person on the
motorcycle, and a person who is not operating the motorcycle may not
ride on the motorcycle, unless the motorcycle is designed to carry
more than one person.
(c) If the motorcycle is designed to carry more than one
person, a passenger may ride only on the permanent and regular seat,
if designed for two persons, or on another seat firmly attached to
the motorcycle behind or to the side of the operator.
(d) If a motorcycle is designed to carry more than one
person, the motorcycle must be equipped with foot rests and
handholds for use by a passenger on the motorcycle.
(d) (e) Except as provided by Subsection (f), an operator
may not carry another person on a motorcycle unless the other person
is at least five years of age. An offense under this subsection is a
misdemeanor punishable by a fine of not less than $100 or more than
$200. It is a defense to prosecution under this subsection that the
operator was operating the motorcycle in an emergency or for a law
enforcement purpose.
[(e)] (f) Subsection (d)(e) does not prohibit an operator
from carrying on a motorcycle a person younger than five years of
age who is seated in a sidecar attached to the motorcycle.
SECTION 4. This Act takes effect on September 1, 2013.