Bill Text: TX HB3838 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to motorcycle equipment and training and the license requirements for a three-wheeled motorcycle; creating an offense.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB3838 Detail]
Download: Texas-2013-HB3838-Comm_Sub.html
Bill Title: Relating to motorcycle equipment and training and the license requirements for a three-wheeled motorcycle; creating an offense.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB3838 Detail]
Download: Texas-2013-HB3838-Comm_Sub.html
By: Phillips (Senate Sponsor - Hancock) | H.B. No. 3838 | |
(In the Senate - Received from the House May 9, 2013; | ||
May 10, 2013, read first time and referred to Committee on | ||
Transportation; May 20, 2013, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 8, Nays 0; | ||
May 20, 2013, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 3838 | By: Campbell |
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relating to motorcycle equipment and training 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. This Act shall be known as Malorie's Law. | ||
SECTION 2. 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 | ||
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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 3. Section 545.416(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) An operator may not carry another person on the | ||
motorcycle, and a person who is not operating the motorcycle may not | ||
ride on the motorcycle, unless the motorcycle is: | ||
(1) designed to carry more than one person; and | ||
(2) equipped with footrests and handholds for use by | ||
the passenger. | ||
SECTION 4. Effective January 1, 2015, Subchapter K, Chapter | ||
547, Transportation Code, is amended by adding Section 547.617 to | ||
read as follows: | ||
Sec. 547.617. MOTORCYCLE FOOTRESTS AND HANDHOLDS REQUIRED. | ||
A motorcycle that is designed to carry more than one person must be | ||
equipped with footrests and handholds for use by the passenger. | ||
SECTION 5. Section 662.002(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The program: | ||
(1) shall contain information regarding operating a | ||
motorcycle while carrying a passenger; and | ||
(2) may [ |
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Motorcycle Safety Foundation. | ||
SECTION 6. 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 [ |
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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 7. Section 662.008(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) Following denial, suspension, or cancellation of | ||
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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 8. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 9. Except as otherwise provided by this Act, this | ||
Act takes effect September 1, 2013. | ||
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