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.