CHAPTER 661. PROTECTIVE HEADGEAR FOR MOTORCYCLE OPERATORS AND PASSENGERS - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE G. MOTORCYCLES AND OFF-HIGHWAY VEHICLES

CHAPTER 661. PROTECTIVE HEADGEAR FOR MOTORCYCLE OPERATORS AND

PASSENGERS

Sec. 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

or occupant compartment, seat, and seat belt and designed to

contain the operator in the cab or occupant compartment.

(2) "Department" means the Department of Public Safety.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

722, Sec. 5, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

967, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1391, Sec. 7, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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 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.

(c-1) A peace officer may not stop or detain a person who is the

operator of or a passenger on a motorcycle for the sole purpose

of determining whether the person has successfully completed the

motorcycle operator training and safety course or is covered by a

health insurance plan.

(c-2) The Texas Department of Insurance shall prescribe a

standard proof of health insurance for issuance to persons who

are at least 21 years of age and covered by a health insurance

plan described by Subsection (c).

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 12,

eff. September 1, 2009.

(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 12,

eff. September 1, 2009.

(f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 12,

eff. September 1, 2009.

(g) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 12,

eff. September 1, 2009.

(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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.154(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1156, Sec. 3, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 17.36, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 657, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1391, Sec. 8, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1391, Sec. 12, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.