2005 Texas Transportation Code CHAPTER 661. PROTECTIVE HEADGEAR FOR MOTORCYCLE OPERATORS AND PASSENGERS

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.