83R19359 JRR-F By: Watson S.B. No. 763 (Phillips) Substitute the following for S.B. No. 763: No. A BILL TO BE ENTITLED AN ACT relating to motorcycle training, the enforcement of certification standards for motorcycles, 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. 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 2. Section 662.002(b), Transportation Code, is amended to read as follows: (b) The program shall include curricula approved by the state agency administering the program [developed by the Motorcycle Safety Foundation]. SECTION 3. 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 4. 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 5. Section 521.227, Transportation Code, is repealed. SECTION 6. This Act takes effect September 1, 2013.