CHAPTER 662. MOTORCYCLE OPERATOR TRAINING AND SAFETY - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE G. MOTORCYCLES AND OFF-HIGHWAY VEHICLES

CHAPTER 662. MOTORCYCLE OPERATOR TRAINING AND SAFETY

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

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

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

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

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

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

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

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.838, eff.

Sept. 1, 2001.

Sec. 662.009. RULES. The designated state agency may adopt

rules to administer this chapter.

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

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

Sec. 662.011. MOTORCYCLE EDUCATION FUND ACCOUNT. (a) Of each

fee collected under Sections 521.421(b) and (f) and Sections

522.029(f) and (g), 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, Sec. 30.155, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1156, Sec. 4, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 657, Sec. 2, eff.

Sept. 1, 2001.

Amended by:

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

1391, Sec. 9, eff. September 1, 2009.

Sec. 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, Sec. 3, eff. Sept. 1,

2001.