H.B. No. 3838
AN ACT
relating to motorcycle equipment and training and the license
requirements for a three-wheeled motorcycle; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Malorie's Law.
SECTION 2. Section 521.148(a), Transportation Code, is
amended to read as follows:
(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. The department shall issue a Class M
license that is restricted to the operation of a three-wheeled
motorcycle if the motorcycle operator training course completed by
the applicant is specific to the operation of a three-wheeled
motorcycle.
SECTION 3. Section 545.416(b), Transportation Code, is
amended to read as follows:
(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:
(1) designed to carry more than one person; and
(2) equipped with footrests and handholds for use by
the passenger.
SECTION 4. Effective January 1, 2015, Subchapter K, Chapter
547, Transportation Code, is amended by adding Section 547.617 to
read as follows:
Sec. 547.617. MOTORCYCLE FOOTRESTS AND HANDHOLDS REQUIRED.
A motorcycle that is designed to carry more than one person must be
equipped with footrests and handholds for use by the passenger.
SECTION 5. Section 662.002(b), Transportation Code, is
amended to read as follows:
(b) The program:
(1) shall contain information regarding operating a
motorcycle while carrying a passenger; and
(2) may [shall] include curricula developed by the
Motorcycle Safety Foundation.
SECTION 6. Section 662.006, Transportation Code, is amended
to read as follows:
Sec. 662.006. UNAUTHORIZED TRAINING PROHIBITED. (a) A
person may not offer or conduct 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.
An offense under this subsection is a Class B misdemeanor, except
that the offense is a Class A misdemeanor if it is shown on the trial
of the offense that the defendant has been previously convicted of
an offense under this section.
SECTION 7. Section 662.008(b), Transportation Code, is
amended to read as follows:
(b) Following denial, suspension, or cancellation of
[Before the designated state agency may deny, suspend, or cancel]
the approval of a program sponsor or an instructor, notice and
opportunity for a hearing must be given as provided by:
(1) Chapter 2001, Government Code; and
(2) Chapter 53, Occupations Code.
SECTION 8. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 9. Except as otherwise provided by this Act, this
Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3838 was passed by the House on May 8,
2013, by the following vote: Yeas 139, Nays 8, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3838 on May 23, 2013, by the following vote: Yeas 136, Nays 6,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3838 was passed by the Senate, with
amendments, on May 21, 2013, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor