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.