HBA-CMT H.B. 2585 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2585 By: Chavez Public Safety 3/28/2001 Introduced BACKGROUND AND PURPOSE Currently, peace officers are authorized to stop motorcyclists simply to inspect the person's headgear for compliance with safety standards. Some argue that this practice results in many unnecessary stops. In addition, some feel that the motorcycle education fund account and the motorcycle operator training and safety program are not adequately monitored. House Bill 2585 authorizes a peace officer to stop a motorcyclist who is not wearing a helmet only if the person is believed to be under the age of 21, 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 authorize a peace officer to stop and detain a motorcycle operator or passenger who the officer believes is under the age of 21 to determine whether the person is in violation of an offense for not wearing protective headgear. 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 countyby-county 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.