"This is how the current Helmet law reads and I have shown by spaces and explanations how we would ask that it be changed".
AN ACT 1-1 relating to the wearing of protective headgear by certain 1-2 motorcycle operators and passengers and to a driver's license that 1-3 authorizes the operation of a motorcycle. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 521.421, Transportation Code, is amended 1-6 by amending Subsections (b) and (e) and adding Subsection (f) to 1-7 read as follows: 1-8 (b) The fee for renewal of a Class M license or for renewal 1-9 of a license that includes authorization to operate a motorcycle is 1-10 $21. 1-11 (e) An applicant who changes from a lower to a higher class 1-12 of license or who adds a type of vehicle other than a motorcycle to 1-13 the license shall pay a $10 fee for the required examination. 1-14 (f) An applicant applying for additional authorization to 1-15 operate a motorcycle shall pay a $15 fee for the required 1-16 application. 1-17 SECTION 2. Section 522.029, Transportation Code, is amended 1-18 by amending Subsections (a) and (d) and adding Subsections (f) and 1-19 (g) to read as follows: 1-20 (a) The fee for a commercial driver's license or commercial 1-21 driver learner's permit issued by the department is $40, except as 1-22 provided by Subsection (f). 1-23 (d) An applicant who is changing a class of license, 2-1 endorsement, or restriction or who is adding a class of vehicle 2-2 other than a motorcycle to the license must pay a fee of $10 for 2-3 the examination, except for a renewal or original issuance of a 2-4 commercial driver's license. 2-5 (f) The fee for renewal of a commercial driver's license or 2-6 a commercial driver learner's permit that includes authorization to 2-7 operate a motorcycle is $45. 2-8 (g) An applicant who is applying for additional 2-9 authorization to operate a motorcycle shall pay a fee of $15 for 2-10 the examination.
"This part of the 1997 Texas Helmet Law was to increase the Funding in our Rider Training Program. With this addition to the Fund we have now acquired a $5,000,000 surplus while nearly doubling the amount spent on rider training."Sputnik
2-11 SECTION 3. Section 661.003, Transportation Code, is amended 2-12 to read as follows: 2-13 Sec. 661.003. OFFENSES RELATING TO NOT WEARING PROTECTIVE 2-14 HEADGEAR. (a) A person commits an offense if the person: 2-15 (1) operates or rides as a passenger on a motorcycle 2-16 on a public street or highway; and 2-17 (2) is not wearing protective headgear that meets 2-18 safety standards adopted by the department. 2-19 (b) A person commits an offense if the person carries on a 2-20 motorcycle on a public street or highway a passenger who is not 2-21 wearing protective headgear that meets safety standards adopted by 2-22 the department. " Note the seperations. In seperation (1) and (b) we would insert {has not reached the age of 18}Fom this point down to the Sec. on MOTORCYCLE EDUCATION FUND ACCOUNT would be deleted."Sputnik
2-23 (c) It is an exception to the application of Subsection (a) 2-24 or (b) [a defense to prosecution under this section] that at the 2-25 time the offense was committed, the person required to wear 3-1 protective headgear[:] 3-2 [(1)] was at least 21 [18] years old[;] and had 3-3 successfully completed a motorcycle operator training and safety 3-4 course under Chapter 662 or was covered by a health insurance plan 3-5 providing the person with at least $10,000 in medical benefits for 3-6 injuries incurred as a result of an accident while operating or 3-7 riding on a motorcycle [(2) presented a medical exemption 3-8 complying with Subsection (d) to the peace officer who arrested the 3-9 person]. 3-10 (d) The Department of Public Safety shall issue a sticker to 3-11 a person who: 3-12 (1) applies to the department on a form provided by 3-13 the department; 3-14 (2) provides the department with evidence satisfactory 3-15 to the department showing that the person: 3-16 (A) is the owner of a motorcycle that is 3-17 currently registered in this state; and 3-18 (B) has successfully completed the training and 3-19 safety course described by Subsection (c) or has the insurance 3-20 coverage described by that subsection; and 3-21 (3) pays a fee of $5 for the sticker [Only a 3-22 practicing physician licensed by the Texas State Board of Medical 3-23 Examiners may issue a medical exemption and the physician may issue 3-24 the medical exemption only to a person who has an acute head or 3-25 facial injury that would be worsened if the person wore protective 4-1 headgear. The medical exemption must be on a form prescribed by 4-2 the department and expires on the 10th day after the date it is 4-3 issued]. 4-4 (e) A person may apply to the Department of Public Safety 4-5 for a sticker for each motorcycle owned by the applicant. 4-6 (f) A sticker issued by the Department of Public Safety 4-7 under Subsection (d) expires on the third anniversary of the date 4-8 of issuance. 4-9 (g) A person operating or riding as a passenger on a 4-10 motorcycle that displays on the license plate of the motorcycle or 4-11 the license plate mounting bracket a sticker issued by the 4-12 Department of Public Safety under Subsection (d) is presumed to 4-13 have successfully completed the training and safety course 4-14 described by Subsection (c) or to have the insurance coverage 4-15 described by that subsection. 4-16 (h) An offense under this section is a misdemeanor 4-17 punishable by a fine of not less than $10 or more than $50. 4-18 (i) In this section, "health insurance plan" means an 4-19 individual, group, blanket, or franchise insurance policy, 4-20 insurance agreement, evidence of coverage, group hospital services 4-21 contract, health maintenance organization membership, or employee 4-22 benefit plan that provides benefits for health care services or for 4-23 medical or surgical expenses incurred as a result of an accident. 4-24 SECTION 4. Chapter 662, Transportation Code, is amended by 4-25 adding Section 662.011 to read as follows: 5-1 Sec. 662.011.
MOTORCYCLE EDUCATION FUND ACCOUNT. (a) Of 5-2 each fee collected under Sections 521.421(b) and (f), Sections 5-3 522.029(f) and (g), and Section 661.003(d),
the Department of 5-4 Public Safety shall send $5 to the comptroller for deposit to the 5-5 credit of the motorcycle education fund account.
"This section would be deleted as it refers to the monies collected for the Helmet Exemption Sticker"Sputnik
5-6 (b) Money deposited to the credit of the motorcycle 5-7 education fund account may be used only to defray the cost of 5-8 administering the motorcycle operator training and safety program. 5-9 SECTION 5. (a) In addition to the new changes in law made 5-10 by this Act, this Act conforms the Transportation Code to the 5-11 changes in law made by:
"Now here is basically how the Law would read if we win"
AN ACT 1-1 relating to the wearing of protective headgear by certain 1-2 motorcycle operators and passengers and to a driver's license that 1-3 authorizes the operation of a motorcycle. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 521.421, Transportation Code, is amended 1-6 by amending Subsections (b) and (e) and adding Subsection (f) to 1-7 read as follows: 1-8 (b) The fee for renewal of a Class M license or for renewal 1-9 of a license that includes authorization to operate a motorcycle is 1-10 $21. 1-11 (e) An applicant who changes from a lower to a higher class 1-12 of license or who adds a type of vehicle other than a motorcycle to 1-13 the license shall pay a $10 fee for the required examination. 1-14 (f) An applicant applying for additional authorization to 1-15 operate a motorcycle shall pay a $15 fee for the required 1-16 application. 1-17 SECTION 2. Section 522.029, Transportation Code, is amended 1-18 by amending Subsections (a) and (d) and adding Subsections (f) and 1-19 (g) to read as follows: 1-20 (a) The fee for a commercial driver's license or commercial 1-21 driver learner's permit issued by the department is $40, except as 1-22 provided by Subsection (f). 1-23 (d) An applicant who is changing a class of license, 2-1 endorsement, or restriction or who is adding a class of vehicle 2-2 other than a motorcycle to the license must pay a fee of $10 for 2-3 the examination, except for a renewal or original issuance of a 2-4 commercial driver's license. 2-5 (f) The fee for renewal of a commercial driver's license or 2-6 a commercial driver learner's permit that includes authorization to 2-7 operate a motorcycle is $45. 2-8 (g) An applicant who is applying for additional 2-9 authorization to operate a motorcycle shall pay a fee of $15 for 2-10 the examination. 2-11 SECTION 3. Section 661.003, Transportation Code, is amended 2-12 to read as follows: 2-13 Sec. 661.003. OFFENSES RELATING TO NOT WEARING PROTECTIVE 2-14 HEADGEAR. (a) A person commits an offense if the person: 2-15 (1) Who has not reached the age of 18 operates or rides as a passenger on a motorcycle 2-16 on a public street or highway; and 2-17 (2) is not wearing protective headgear that meets 2-18 safety standards adopted by the department 2-19 (b) A person commits an offense if the person carries on a 2-20 motorcycle on a public street or highway a passenger who has not reached the age of 18 and is not 2-21 wearing protective headgear that meets safety standards adopted by the department MOTORCYCLE EDUCATION FUND ACCOUNT. (a) Of 5-2 each fee collected under Sections 521.421(b) and (f), Sections 5-3 522.029(f) and (g), and Section 661.003(d), 5-4 (b) Money deposited to the credit of the motorcycle 5-5 education fund account may be used only to defray the cost of 5-6 administering the motorcycle operator training and safety program. 5-9 SECTION 5. (a) In addition to the new changes in law made 5-10 by this Act, this Act conforms the Transportation Code to the 5-11 changes in law made by: The rest is simply jargon and would not be changed.There is no question that we will have a Bill introduced to require a mandatory adult helmet law in the future if we do nothing. By doing this we could lose our choice to ride without one sooner. The question here is do we wait and allow it to happen when they are ready or are there enough riders in Texas with the balls to stand up and fight the good fight.ONLY TIME WILL TELLSputnikState Chair TMRA 2You Advisors at the meeting yesterday have kept me up all night sending out press releases and other posts concerning this issue.Thanks-- SputnikState Chair TMRA 2
Have I done that which I can do to the best of my ability?
HELL NO !! - but I'm trying.
Sputnik
