A BILL TO BE ENTITLED

AN ACT

relating to motorcycle equipment and training and the license

requirements for a three-wheeled motorcycle; creating an offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as Malorie's Law.

SECTION 2. Section 521.148(a), Transportation Code, is

amended to read as follows:

(a) An applicant for an original Class M license or Class A,

B, or C driver's license that includes an authorization to operate a

motorcycle must furnish to the department evidence satisfactory to

the department that the applicant has successfully completed a

[ basic ] motorcycle operator training course approved by the

department under Chapter 662. The department shall issue a Class M

license that is restricted to the operation of a three-wheeled

motorcycle if the motorcycle operator training course completed by

the applicant is specific to the operation of a three-wheeled

motorcycle.

SECTION 3. Section 545.416(b), Transportation Code, is

amended to read as follows:

(b) An operator may not carry another person on the

motorcycle, and a person who is not operating the motorcycle may not

ride on the motorcycle, unless the motorcycle is :

(1) designed to carry more than one person ; and

(2) equipped with footrests and handholds for use by

the passenger .

SECTION 4. Effective January 1, 2015, Subchapter K, Chapter

547, Transportation Code, is amended by adding Section 547.617 to

read as follows:

Sec. 547.617. MOTORCYCLE FOOTRESTS AND HANDHOLDS REQUIRED.

A motorcycle that is designed to carry more than one person must be

equipped with footrests and handholds for use by the passenger.

SECTION 5. Section 662.002(b), Transportation Code, is

amended to read as follows:

(b) The program :

(1) shall contain information regarding operating a

motorcycle while carrying a passenger; and

(2) may [ shall ] include curricula developed by the

Motorcycle Safety Foundation.

SECTION 6. Section 662.006, Transportation Code, is amended

to read as follows:

Sec. 662.006. UNAUTHORIZED TRAINING PROHIBITED. (a) A

person may not offer or conduct training in motorcycle operation

for [ a ] consideration unless the person is licensed by or contracts

with the designated state agency.

(b) A person who violates Subsection (a) commits an offense.

An offense under this subsection is a Class B misdemeanor, except

that the offense is a Class A misdemeanor if it is shown on the trial

of the offense that the defendant has been previously convicted of

an offense under this section.

SECTION 7. Section 662.008(b), Transportation Code, is

amended to read as follows:

(b) Following denial, suspension, or cancellation of

[ 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.

SECTION 8. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 9. Except as otherwise provided by this Act, this

Act takes effect September 1, 2013.