S.B. No. 1756
AN ACT
relating to the issuance of driver's licenses and personal
identification certificates and the classification and operation
of certain vehicles; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.001, Transportation Code, is amended
by amending Subsection (a)(6-a) and adding Subsection (c) to read
as follows:
(6-a) "Motorcycle" includes an enclosed three-wheeled
passenger vehicle that:
(A) is designed to operate with three wheels in
contact with the ground;
(B) [has a minimum unladen weight of 900 lbs.;
[(C)] has a single, completely enclosed,
occupant compartment; and
(C) [(D)] at a minimum, is equipped with:
(i) seats that are certified by the vehicle
manufacturer to meet the requirements of Federal Motor Vehicle
Safety Standard No. 207, 49 C.F.R. Section 571.207;
(ii) a steering wheel used to maneuver the
vehicle;
(iii) a propulsion unit located in front of
or behind the enclosed occupant compartment;
(iv) a seat belt for each vehicle occupant
certified by the manufacturer to meet the requirements of Federal
Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;
(v) a windshield and one or more windshield
wipers certified by the manufacturer to meet the requirements of
Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section
571.205, and Federal Motor Vehicle Safety Standard No. 104, 49
C.F.R. Section 571.104; [and]
(vi) a vehicle structure certified by the
vehicle manufacturer to meet the requirements of Federal Motor
Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216, if:
(a) the unladen weight of the vehicle
is more than 900 pounds; or
(b) the unladen weight of the vehicle
is not more than 900 pounds and the vehicle has a maximum speed
capability of more than 40 miles per hour; and
(vii) an active tilt control system if the
unladen weight of the vehicle is not more than 900 pounds and the
vehicle has a maximum speed capability of 40 miles per hour or
less[; and
[(E) is produced by its manufacturer in a minimum
quantity of 300 in any calendar year].
(c) The department by rule may define types of vehicles that
are "motorcycles" for the purposes of this chapter, in addition to
those defined under Subsection (a)(6-a). The Texas Department of
Motor Vehicles by rule may define the types of vehicles that are
"motorcycles" for the purposes of Chapters 501, 502, and 503. This
subsection applies only to vehicles manufactured by a manufacturer
licensed under Chapter 2301, Occupations Code.
SECTION 2. The heading to Section 521.008, Transportation
Code, as added by Chapter 1233 (S.B. 1729), Acts of the 83rd
Legislature, Regular Session, 2013, is amended to read as follows:
Sec. 521.008. [PILOT] PROGRAM REGARDING THE PROVISION OF
RENEWAL AND DUPLICATE DRIVER'S LICENSE AND OTHER IDENTIFICATION
CERTIFICATE SERVICES.
SECTION 3. Sections 521.008(a) and (a-1), Transportation
Code, as added by Chapter 1233 (S.B. 1729), Acts of the 83rd
Legislature, Regular Session, 2013, are amended to read as follows:
(a) The department may establish a [pilot] program for the
provision of renewal and duplicate driver's license, election
identification certificate, and personal identification
certificate services in counties that enter into an agreement with
the department under Subsection (a-1)[:
[(1) not more than three counties with a population of
50,000 or less;
[(2) not more than three counties with a population of
more than 50,000 but less than 1,000,001;
[(3) not more than two counties with a population of
more than one million; and
[(4) notwithstanding Subdivisions (1)-(3), any county
in which the department operates a driver's license office as a
scheduled or mobile office].
(a-1) Under the [pilot] program, the department may enter
into an agreement with the commissioners court of a county to permit
county employees to provide services at a county office relating to
the issuance of renewal and duplicate driver's licenses, election
identification certificates, and personal identification
certificates, including:
(1) taking photographs;
(2) administering vision tests;
(3) updating a driver's license, election
identification certificate, or personal identification certificate
to change a name, address, or photograph;
(4) distributing and collecting information relating
to donations under Section 521.401;
(5) collecting fees; and
(6) performing other basic ministerial functions and
tasks necessary to issue renewal and duplicate driver's licenses,
election identification certificates, and personal identification
certificates.
SECTION 4. Section 521.085(b), Transportation Code, is
amended to read as follows:
(b) Subsection (a) does not prohibit a license holder from
operating a lesser type of vehicle that is:
(1) a motorcycle described by Section
521.001(a)(6-a); or
(2) a type of motorcycle defined by the department
under Section 521.001(c) and designated by the department as
qualifying for operation under this section.
SECTION 5. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.4165 to read as follows:
Sec. 545.4165. OPERATION OF CERTAIN MOTORCYCLES. A person
may not operate a motorcycle described by Section
521.001(a)(6-a)(C)(vii) on a public highway for which the posted
speed limit is more than 45 miles per hour, except that the operator
may cross an intersection with a public highway that has a posted
speed limit of more than 45 miles per hour.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1756 passed the Senate on
April 28, 2015, by the following vote: Yeas 30, Nays 1;
May 28, 2015, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 29, 2015, House
granted request of the Senate; May 31, 2015, Senate adopted
Conference Committee Report by the following vote: Yeas 29,
Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1756 passed the House, with
amendments, on May 22, 2015, by the following vote: Yeas 134,
Nays 0, three present not voting; May 29, 2015, House granted
request of the Senate for appointment of Conference Committee;
May 31, 2015, House adopted Conference Committee Report by the
following vote: Yeas 142, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor