This will provide talking points for our helmet issue during Legislative Day. Read it and get familiar with it. Contact your Representative and Senator and let them know what is planned. Pass this information to your friends.
Honorable House member;
During the 1997 Legislative Session many of you were present in this body when Representative Jim Pitts offered HB 473 to allow Texas adults to be allowed to ride a motorcycle without a helmet. You supported that Bill. SB 99 came over with amendments placed there by Senator Wentworth and the House cleared those Amendments and sent the BIll back for Senate concurrance. The Bill ended in Conference and the House Conferees refused to concede to the Amendments.
Finally in an attempt for closure we asked the House Conferees to accept the Amendments and let's see how it worked out. Enforcement of this law proved to be a nightmare from day one. Unnecessary tickets were issued from the Sept. 1,1997 effective date of the law. These tickets cost time and money for riders engaging in a legal activity and created animosity almost to the breaking point between riders and enforcement officers. Despite working diligently with leaders of all agencies and judges to alleviate problems it was clear the officers and some judges would never accept the intent of the law.
During the 2001 Session Representative Chavez intoduced and the House passed HB 2585 to rectify the existing problem. Again the Senate changed the Bill to make it less explicit and the problem has continued to escalate. Officers still do not know the law and continue to write illegal tickets. Stops for non-helmet useage turn into fishing expeditions in some cases resulting in illegal searches. Judges admit to not knowing the law. Riders are forced to ride hundreds of miles, not once but twice, to plead their case in court Knowing the case will be won in court most just choose to simply pay the fine rather than go through the motions of a trial. It is far cheaper than losing two days work and spend those days traveling and sitting in courtrooms.
With no evidence that the Amendments placed on SB 99 in 1997 could or have saved the taxpayers any money or saved lives we have continued to try and work out a way to make the law acceptable. Our efforts have proven useless. Therefore based on the following true and provable facts we ask that you as a member of this honorable Body support repeal of the Helmet law amendments and give us the clean Bill given to us by the House in 1997. Let those who have attained the age of 18 or older have the choice to ride without a helmet in Texas.
(1) State law says riders must carry medical insurance to ride without a helmet. The Federal govt. says group medical policies must be available for riders but insurers need not pay benefits for injuries incurred while riding a motorcycle. Therefore this state law mandates that riders purchase a product that does not meet the requirements of the law.
(a) Last session Representative Burnam sponsored our Bill to change insurance law to require insurance companies pay benefits to policy holders injured while involved in legal activities. We couldn't even get a committee hearing on the Bill.
(2) False claims that the Amendments would save the taxpayers money were accepted by some in the Senate and therefore the Amendments were added on that side of the Legislature.
(a) A study done by Texas Department of Health showing that riders injuries were paid by self pay at about the same rate as other traffic injuries was presented in Committee.
(b) Riders pay higher taxes than the average Texan so naturally any item that would save taxpayer dollars would have our support.Stop the misunderstandings encountered by Law Enforcement and riders alike and pass this Bill that gives a simple easily understood solution to an unnecessary problem.
--
Have I done that which I can do to the best of my ability?
HELL NO !! - but I'm trying.
Sputnik
