HBA-PDH H.B. 1492 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1492
By: Alexander
Transportation
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a person between 15 and 18 years of age is eligible for a
special restricted Class M license to operate a motorcycle that has not
more than a 125 cubic centimeter displacement.  Some have complained that
motorcycles of this type are not available in sufficient quantity and are
unsafe in traffic.  H.B. 1492 increases the maximum cubic centimeter
displacement from 125 to 250 cubic centimeters.  This bill also requires
the Texas Department of Transportation to compile a list of vehicles that
are certified as mopeds and make this list available to the public. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Transportation in
SECTION 2 (Section 521.225, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 521.224(b) and (e), Transportation Code, by
increasing from 125 to 250 the maximum cubic centimeter piston displacement
for which the Texas Department of Transportation (department) may issue a
special restricted Class M license that authorizes the holder to operate a
motorcycle.  Makes a conforming change. 

SECTION 2.  Amends Section 521.225, Transportation Code, by adding
Subsection (d), to require the department to certify whether a vehicle
alleged to be a moped is a moped.  Requires the department, by rule, to
establish the procedure for determining whether a vehicle is a moped,
compile a list of mopeds certified by the department, and make the list
available to the public on request. 

SECTION 3.  Amends Section 541.201(10), Transportation Code, to make a
conforming change. 

SECTION 4.  Repealer:  Section 521.266 (Certification), Transportation
Code.  Section 521.266 provides the requirements of the Department of
Transportation regarding the certification  of motorcycles. 

SECTION 5.Effective date: September 1, 1999.

SECTION 6.Emergency clause.