Texas Motorcycle Laws and Information
Legislature
| State
Motorcyclists Rights Organization (SMRO)
Motorcycle helmet law:
TRANSPORTATION CODE: SUBTITLE G. MOTORCYCLES AND ALL-TERRAIN VEHICLES
CHAPTER 661. PROTECTIVE HEADGEAR FOR MOTORCYCLE OPERATORS AND PASSENGERS
§ 661.001. DEFINITIONS. In this chapter:
(1) "Motorcycle" means a motor vehicle designed to
propel itself with not more than three wheels in contact with the
ground, and having a saddle for the use of the rider. The term does
not include a tractor or a three-wheeled vehicle equipped with a
cab, seat, and seat belt and designed to contain the operator in the
cab.
(2) "Department" means the Department of Public
Safety.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 661.002. DEPARTMENT TO PRESCRIBE MINIMUM SAFETY
STANDARDS FOR PROTECTIVE HEADGEAR. (a) To provide for the safety
and welfare of motorcycle operators and passengers, the department
shall prescribe minimum safety standards for protective headgear
used by motorcyclists in this state.
(b) The department may adopt any part or all of the American
National Standards Institute's standards for protective headgear
for vehicular users.
(c) On request of a manufacturer of protective headgear, the
department shall make the safety standards prescribed by the
department available to the manufacturer.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 661.003. OFFENSES RELATING TO NOT WEARING PROTECTIVE
HEADGEAR. (a) A person commits an offense if the person:
(1) operates or rides as a passenger on a motorcycle on
a public street or highway; and
(2) is not wearing protective headgear that meets
safety standards adopted by the department.
(b) A person commits an offense if the person carries on a
motorcycle on a public street or highway a passenger who is not
wearing protective headgear that meets safety standards adopted by
the department.
(c) It is an exception to the application of Subsection (a)
or (b) that at the time the offense was committed, the person
required to wear protective headgear was at least 21 years old and
had successfully completed a motorcycle operator training and
safety course under Chapter 662 or was covered by a health insurance
plan providing the person with at least $10,000 in medical benefits
for injuries incurred as a result of an accident while operating or
riding on a motorcycle. A peace officer may not arrest a person or
issue a citation to a person for a violation of Subsection (a) or
(b) if the person required to wear protective headgear is at least
21 years of age and presents evidence sufficient to show that the
person required to wear protective headgear has successfully
completed a motorcycle operator training and safety course or is
covered by a health insurance plan as described by this subsection.
(d) The department shall issue a sticker to a person who:
(1) is at least 21 years old;
(2) applies to the department on a form provided by the
department;
(3) provides the department with evidence
satisfactory to the department showing that the person:
(A) is the owner of a motorcycle that is
currently registered in this state; and
(B) has successfully completed the training and
safety course described by Subsection (c) or has the insurance
coverage described by that subsection; and
(4) pays a fee of $5 for the sticker.
(e) A person may apply to the department for a sticker for
each motorcycle owned by the applicant.
(f) A sticker issued by the department under Subsection (d)
expires on the third anniversary of the date of issuance.
(g) A person operating or riding as a passenger on a
motorcycle that displays on the license plate of the motorcycle or
the license plate mounting bracket a sticker issued by the
department under Subsection (d) is presumed to have successfully
completed the training and safety course described by Subsection
(c) or to have the insurance coverage described by that subsection.
(h) An offense under this section is a misdemeanor
punishable by a fine of not less than $10 or more than $50.
(i) In this section, "health insurance plan" means an
individual, group, blanket, or franchise insurance policy,
insurance agreement, evidence of coverage, group hospital services
contract, health maintenance organization membership, or employee
benefit plan that provides benefits for health care services or for
medical or surgical expenses incurred as a result of an accident.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.154(a), eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1156, § 3, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 62, § 17.36, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 657, § 1, eff. Sept. 1, 2001.
§ 661.004. AUTHORITY OF PEACE OFFICER TO INSPECT
PROTECTIVE HEADGEAR. Any peace officer may stop and detain a
person who is a motorcycle operator or passenger to inspect the
person's protective headgear for compliance with the safety
standards prescribed by the department.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Other motorcycle laws:
TRANSPORTATION CODE: CHAPTER 662. MOTORCYCLE OPERATOR TRAINING AND SAFETY
§ 662.001. DESIGNATED STATE AGENCY. The governor shall
designate a state agency to establish and administer a motorcycle
operator training and safety program.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 662.002. PURPOSE OF PROGRAM; CURRICULUM. (a) The
purpose of the motorcycle operator training and safety program is:
(1) to make available to motorcycle operators:
(A) information relating to the operation of
motorcycles; and
(B) courses in knowledge, skills, and safety
relating to the operation of motorcycles; and
(2) to provide information to the public on sharing
roadways with motorcycles.
(b) The program shall include curricula developed by the
Motorcycle Safety Foundation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 662.003. PROGRAM DIRECTOR. The designated state agency
shall employ as program director a person who is certified as a
chief instructor by the Motorcycle Safety Foundation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 662.004. MOTORCYCLE SAFETY COORDINATOR. (a) The
designated state agency shall employ a motorcycle safety
coordinator.
(b) The coordinator shall supervise the motorcycle operator
training and safety program and shall determine:
(1) locations at which courses will be provided;
(2) fees for the courses;
(3) qualifications for instructors;
(4) instructor certification requirements; and
(5) eligibility requirements for program sponsors.
(c) The program must include instructor certification
requirements developed by the Motorcycle Safety Foundation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 662.005. CONTRACTS. The designated state agency may
license or contract with qualified persons to administer or operate
the motorcycle operator training and safety program.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 662.006. UNAUTHORIZED TRAINING PROHIBITED. A person
may not offer training in motorcycle operation for a consideration
unless the person is licensed by or contracts with the designated
state agency.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 662.007. FEE FOR COURSE. A person may charge, for a
course under the motorcycle operator training and safety program, a
fee that is reasonably related to the costs of administering the
course.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 662.008. DENIAL, SUSPENSION, OR CANCELLATION OF
APPROVAL. (a) The designated state agency may deny, suspend, or
cancel its approval for a program sponsor to conduct or for an
instructor to teach a course offered under this chapter if the
applicant, instructor, or sponsor:
(1) does not satisfy the requirements established
under this chapter to receive or retain approval;
(2) permits fraud or engages in a fraudulent practice
with reference to an application to the agency;
(3) induces or countenances fraud or a fraudulent
practice by a person applying for a driver's license or permit;
(4) permits fraud or engages in a fraudulent practice
in an action between the applicant or license holder and the public;
or
(5) fails to comply with rules of the state agency.
(b) 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
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.838, eff. Sept. 1, 2001.
§ 662.009. RULES. The designated state agency may adopt
rules to administer this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 662.010. NONAPPLICABILITY OF CERTAIN OTHER
LAW. Chapter 332, Acts of the 60th Legislature, Regular Session,
1967 (Article 4413(29c), Vernon's Texas Civil Statutes), does not
apply to training offered under this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 662.011. MOTORCYCLE EDUCATION FUND ACCOUNT. (a) Of
each fee collected under Sections 521.421(b) and (f), Sections
522.029(f) and (g), and Section 661.003(d), the Department of
Public Safety shall send $5 to the comptroller for deposit to the
credit of the motorcycle education fund account.
(b) Money deposited to the credit of the motorcycle
education fund account may be used only to defray the cost of
administering the motorcycle operator training and safety program.
(c) The comptroller shall report to the governor and
legislature not later than the first Monday in November of each
even-numbered year on the condition of the account. The report must
contain:
(1) a statement of the amount of money deposited to the
credit of the account for the year;
(2) a statement of the amount of money disbursed by the
comptroller from the account for the year;
(3) a statement of the balance of money in the account;
(4) a list of persons and entities that have received
money from the account, including information for each person or
entity that shows the amount of money received; and
(5) a statement of any significant problems
encountered in administering the account, with recommendations for
their solution.
Added by Acts 1997, 75th Leg., ch. 165, § 30.155, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1156, § 4, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 657, § 2, eff. Sept. 1,
2001.
§ 662.012. REPORTS. (a) The designated state agency
shall require each provider of a motorcycle operator training and
safety program to compile and forward to the agency each month a
report on the provider's programs. The report must include:
(1) the number and types of courses provided in the
reporting period;
(2) the number of persons who took each course in the
reporting period;
(3) the number of instructors available to provide
training under the provider's program in the reporting period;
(4) information collected by surveying persons taking
each course as to the length of any waiting period the person
experienced before being able to enroll in the course;
(5) the number of persons on a waiting list for a
course at the end of the reporting period; and
(6) any other information the agency reasonably
requires.
(b) The designated state agency shall maintain a
compilation of the reports submitted under Subsection (a) on a
by-site basis. The agency shall update the compilation as soon as
practicable after the beginning of each month.
(c) The designated state agency shall provide without
charge a copy of the most recent compilation under Subsection (b) to
any member of the legislature on request.
Added by Acts 2001, 77th Leg., ch. 657, § 3, eff. Sept. 1, 2001.
