| 1 | 1 | | 83R19359 JRR-F |
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| 2 | 2 | | By: Watson S.B. No. 763 |
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| 3 | 3 | | (Phillips) |
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| 4 | 4 | | Substitute the following for S.B. No. 763: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to motorcycle training, the enforcement of certification |
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| 10 | 10 | | standards for motorcycles, and the license requirements for a |
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| 11 | 11 | | three-wheeled motorcycle; creating an offense. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 521.148(a), Transportation Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (a) An applicant for an original Class M license or Class A, |
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| 16 | 16 | | B, or C driver's license that includes an authorization to operate a |
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| 17 | 17 | | motorcycle must furnish to the department evidence satisfactory to |
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| 18 | 18 | | the department that the applicant has successfully completed a |
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| 19 | 19 | | [basic] motorcycle operator training course approved by the |
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| 20 | 20 | | department under Chapter 662. The department shall issue a Class M |
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| 21 | 21 | | license that is restricted to the operation of a three-wheeled |
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| 22 | 22 | | motorcycle if the motorcycle operator training course completed by |
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| 23 | 23 | | the applicant is specific to the operation of a three-wheeled |
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| 24 | 24 | | motorcycle. |
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| 25 | 25 | | SECTION 2. Section 662.002(b), Transportation Code, is |
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| 26 | 26 | | amended to read as follows: |
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| 27 | 27 | | (b) The program shall include curricula approved by the |
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| 28 | 28 | | state agency administering the program [developed by the Motorcycle |
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| 29 | 29 | | Safety Foundation]. |
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| 30 | 30 | | SECTION 3. Section 662.006, Transportation Code, is amended |
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| 31 | 31 | | to read as follows: |
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| 32 | 32 | | Sec. 662.006. UNAUTHORIZED TRAINING PROHIBITED. (a) A |
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| 33 | 33 | | person may not offer or conduct training in motorcycle operation |
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| 34 | 34 | | for [a] consideration unless the person is licensed by or contracts |
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| 35 | 35 | | with the designated state agency. |
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| 36 | 36 | | (b) A person who violates Subsection (a) commits an offense. |
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| 37 | 37 | | An offense under this subsection is a Class B misdemeanor, except |
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| 38 | 38 | | that the offense is a Class A misdemeanor if it is shown on the trial |
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| 39 | 39 | | of the offense that the defendant has been previously convicted of |
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| 40 | 40 | | an offense under this section. |
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| 41 | 41 | | SECTION 4. Section 662.008(b), Transportation Code, is |
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| 42 | 42 | | amended to read as follows: |
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| 43 | 43 | | (b) Following denial, suspension, or cancellation of |
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| 44 | 44 | | [Before the designated state agency may deny, suspend, or cancel] |
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| 45 | 45 | | the approval of a program sponsor or an instructor, notice and |
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| 46 | 46 | | opportunity for a hearing must be given as provided by: |
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| 47 | 47 | | (1) Chapter 2001, Government Code; and |
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| 48 | 48 | | (2) Chapter 53, Occupations Code. |
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| 49 | 49 | | SECTION 5. Section 521.227, Transportation Code, is |
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| 50 | 50 | | repealed. |
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| 51 | 51 | | SECTION 6. This Act takes effect September 1, 2013. |
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