A BILL TO BE ENTITLED

AN ACT

relating to the regulation of motorcycles and motorcycle operators.

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

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

SECTION 2. Sec. 662.002, Transportation Code, is amended to

read as follows:

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:

( 1) contain material regarding operating a motorcycle

while carrying a passenger, and

(2) may include curricula developed by the Motorcycle

Safety Foundation.

SECTION 3. Section 545.416, Transportation Code, is amended

to read as follows:

Sec. 545.416. RIDING ON MOTORCYCLE. (a) An operator of a

motorcycle shall ride on the permanent and regular seat attached to

the motorcycle.

(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 designed to carry

more than one person.

(c) If the motorcycle is designed to carry more than one

person, a passenger may ride only on the permanent and regular seat,

if designed for two persons, or on another seat firmly attached to

the motorcycle behind or to the side of the operator.

(d) If a motorcycle is designed to carry more than one

person, the motorcycle must be equipped with foot rests and

handholds for use by a passenger on the motorcycle.

(d ) ( e ) Except as provided by Subsection (f), an operator

may not carry another person on a motorcycle unless the other person

is at least five years of age. An offense under this subsection is a

misdemeanor punishable by a fine of not less than $100 or more than

$200. It is a defense to prosecution under this subsection that the

operator was operating the motorcycle in an emergency or for a law

enforcement purpose.

[( e )] ( f ) Subsection ( d )( e ) does not prohibit an operator

from carrying on a motorcycle a person younger than five years of

age who is seated in a sidecar attached to the motorcycle.