HBA-CMT H.B. 2585 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2585
By: Chavez
Public Safety
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, peace officers were authorized to stop
motorcyclists simply to inspect the person's headgear for compliance with
safety standards.  Some argued that this practice resulted in many
unnecessary stops.  In addition, some felt that the motorcycle education
fund account and the motorcycle operator training and safety program were
not adequately monitored.  House Bill 2585 prohibits a peace officer from
issuing a citation to or arresting a person for not wearing a helmet  if
the person is at least 21 years of age and has completed a motorcycle
operator training and safety course, and requires the comptroller to report
the status of the motorcycle education fund account to the governor and the
legislature. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2585 amends the Transportation Code to prohibit a peace officer
from arresting or issuing a citation to a person for a violation of not
wearing protective headgear if the person required to wear the protective
headgear is at least 21 years of age and presents evidence to show that the
person has successfully completed a motorcycle operator training and safety
course or is covered by an appropriate health insurance plan.   

The bill requires the comptroller to report to the governor and the
legislature no later than the first Monday in November of each
even-numbered year on the condition of the motorcycle education fund
account.  The bill sets forth the contents of the report.   

The bill requires the state agency designated by the governor to establish
and administer a motorcycle operator training and safety program (program)
to require each provider of a program to compile a report each month on the
provider's program and forward the report to the designated state agency.
The bill sets forth content requirements for the report.   

The bill requires the designated state agency to maintain a compilation of
the reports submitted on a by-site basis and to update the compilation as
soon as practicable after the beginning of each month.  Upon request, the
designated state agency is required to provide a copy of the most recent
compilation to any member of the legislature without charge.   

H.B. 2585 amends the Occupations Code to require the Texas Commission on
Law Enforcement Officer Standards and Education (TCLEOSE) to require an
education and training program on laws relating to the operation of
motorcycles and to the wearing of protective headgear by motorcycle
operators and passengers, as part of the minimum curriculum requirements
relating to the vehicle and traffic laws of this state.  In addition,
TCLEOSE shall  require education and training on motorcycle operator
profiling awareness and sensitivity training.    
 
EFFECTIVE DATE

September 1, 2001.