PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 98. MOTORCYCLE OPERATOR TRAINING AND SAFETY
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 98, §§98.10, 98.20 - 98.23, 98.27, 98.50, 98.60, 98.65, 98.76, 98.80, 98.104, 98.108, 98.112, and 98.116; and new rules at §98.24 and §98.71, regarding the Motorcycle Operator Training and Safety program, without changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5362). These rules will not be republished.
The Commission also adopts amendments to an existing rule at 16 TAC Chapter 98, §98.70, regarding the Motorcycle Operator Training and Safety program, with changes to the proposed text as published in the September 22, 2023, issue of the Texas Register (48 TexReg 5362). This rule will be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC, Chapter 98, implement Texas Transportation Code, Chapter 662, Motorcycle Operator Training and Safety.
The adopted rules are necessary to implement Senate Bill (SB) 478, 88th Legislature, Regular Session (2023), which amends Chapter 662 by changing the requirements relating to instructor license eligibility and instructor training; creating the instructor training provider license; and altering the membership of the Motorcycle Safety Advisory Board. The adopted rules are also necessary to implement recommendations by the Advisory Board to remove unnecessary and burdensome requirements for motorcycle schools and instructors.
SB 478 changes the eligibility requirements for an instructor license by adding a requirement for the applicant to not have been convicted during the previous three years of two moving violations that resulted in an accident or three total moving violations; adding a requirement for the applicant to not have been convicted during the previous seven years of driving while intoxicated or certain similar offenses; and adding a requirement for the applicant to submit fingerprints for a national criminal history background check.
SB 478 changes the requirements relating to instructor training by replacing the existing requirement for the training to be administered by the Texas A&M Engineering Extension Service (TEEX) with a new requirement for the training to be conducted at any licensed motorcycle school by a licensed instructor training provider in accordance with Department rules and a course curriculum approved by the Department.
SB 478 creates the instructor training provider license and requires an applicant for the license to have held a motorcycle license for the previous two years, submit fingerprints for a national criminal history background check, and meet any additional requirement adopted by rule, including a fee for the issuance and renewal of the license. SB 478 also alters the membership of the advisory board by replacing the existing representative of TEEX with a member who holds an instructor training provider license.
The adopted rules implement SB 478 by making corresponding changes to the rules relating to definitions, instructor license eligibility, instructor training, audits, advisory board membership, fees, course requirements, and curriculum standards and by adding new rules relating to the eligibility for and responsibilities of an instructor training provider license.
The adopted rules implement recommendations by Department staff to ease reporting requirements for motorcycle schools and instructors by requiring them to report each injury, rather than each incident, and expedite reporting for serious injuries; to clarify how a motorcycle school may continue to operate through a change of ownership; and to remove unnecessary student admission requirements.
The adopted rules also implement recommendations by the Advisory Board to remove the first aid and CPR requirements for the instructor license; to remove the separate requirements for out-of-state applicants for the instructor license; and to remove the requirement for motorcycle schools to provide, for each renewal, a list of real property used for the training site, a list of motorcycles used in training, and a list of instructors working at the school.
SECTION-BY-SECTION SUMMARY
The adopted rules amend §98.10, Definitions, by removing the definition for "incident" because the term will be obsolete when motorcycle schools and instructors are required to report each injury instead of each incident; amending the definition for "instructor" to provide consistency with its statutory definition; replacing the term "instructor preparation course" with the term "instructor training course" and amending its definition to provide consistency with its statutory definition; creating a definition for "instructor training provider" to provide consistency with its statutory definition; amending the definition of "motorcycle school" to provide consistency with its statutory definition; and removing the definition for "TEEX" to reflect the removal of statutory references to TEEX in Chapter 662.
The adopted rules amend §98.20, "Instructor--License Required," by updating terminology to provide consistency with the changes made by SB 478 and removing unnecessary language.
The adopted rules amend §98.21, "Instructor--License Eligibility," by amending existing subsections (a)(3), (a)(5), (a)(8), and (a)(9) to provide consistency with the changes made by SB 478; removing existing subsection (a)(7), which requires first aid and CPR certification, which the Advisory Board advised were unnecessary and burdensome; and removing existing subsection (b) to allow applicants from outside the state to be eligible under the same rules that apply to applicants from within the state. The remaining provisions are relabeled accordingly.
The adopted rules amend §98.22 by changing the section title to "Instructor--Training Course"; updating terminology to provide consistency with the changes made by SB 478; revising subsection (a) to limit the section's applicability to instructor training courses conducted in Texas, to allow for applicants who have taken instructor training courses outside of Texas; and updating cross-references in subsection (b) to provide consistency with the changes to §98.21.
The adopted rules amend §98.23, "Instructor--License Term; Renewal," by adding new subsection (d) to provide the process for notifying an instructor when new fingerprints are necessary for license renewal; and updating cross-references in subsection (c)(2) to provide consistency with the changes to §98.21.
The adopted rules add new §98.24, "Instructor Training Provider--License," to prohibit an individual from offering or conducting an instructor training course without an instructor training provider license, to provide the eligibility requirements for an instructor training provider license, and to provide the license term for an instructor training provider license.
The adopted rules amend §98.27, "Motorcycle School--License Term; Renewal" by updating subsection (c)(2) to remove the references to §98.26(4), (5), and (7), which consist of requirements to submit lists of property, motorcycles, and instructors, respectively. The Advisory Board advised that it is unnecessary and burdensome to require motorcycle schools to submit this information upon renewal.
The adopted rules amend §98.50, "Motorcycle School--Reporting Requirements," to require motorcycle schools to report each injury, rather than each incident, and require expedited reporting for injuries that require immediate medical attention beyond first aid.
The adopted rules amend §98.60, Audits, to allow for department audits of instructor training providers.
The adopted rules amend §98.65, Advisory Board Membership, to provide consistency with the changes made by SB 478 to the advisory board membership in Transportation Code §662.0037.
The adopted rules amend §98.70, "Instructor--Responsibilities," by updating a cross-reference in subsection (a)(3) to provide consistency with changes made to §98.21; removing existing subsection (a)(4) to provide consistency with changes made to §98.21; updating existing subsection (a)(5) to provide consistency with changes made to §98.50; and renumbering the remaining provisions accordingly. The adopted rule text includes a change to the proposed rule text of existing subsection (a)(9) recommended by Department staff to correct a cross-reference to §98.102(b)(2).
The adopted rules add new §98.71, "Instructor Training Provider--Responsibilities," to provide the responsibilities applicable to the holder of an instructor training provider license, including the reporting and records maintenance requirements for each instructor training course provided.
The adopted rules amend §98.76, "Motorcycle School--Change of Ownership," to provide clarity on the continued operation of a motorcycle school in the event of a change of its ownership.
The adopted rules amend §98.80, Fees, to provide the fees for the issuance or renewal of an instructor training provider license, the approval of an instructor training course, duplicate or replacement licenses, late renewals, dishonored payments, and criminal history evaluation letters.
The adopted rules amend §98.104, Student Admission Requirements, by removing the requirement for an individual to hold a driver license or have completed driver education to enroll in an entry-level course. This requirement is unnecessary because an entry-level course does not involve the operation of a motorcycle on a public roadway or require knowledge of traffic laws.
The adopted rules amend §98.108, Course Requirements, by updating terminology to provide consistency with the changes made by SB 478.
The adopted rules amend §98.112, "Curriculum Standards--Entry-Level Course," by updating terminology to provide consistency with the changes made by SB 478.
The adopted rules amend §98.116 by changing the section title to "Curriculum Standards--Instructor Training Course" to update terminology and by adding a requirement that the curriculum for an instructor training course must have an evaluation process to ensure an individual can competently teach all components of the entry-level course.
PUBLIC COMMENTS
The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the September 22, 2023, issue of the Texas Register (48 TexReg 5362). The public comment period closed on October 23, 2023. The Department received comments from three interested parties on the proposed rules. The public comments are summarized below.
Comment: One comment recommended amending §98.10 by removing the phrase "consisting of a classroom and range" from the definition for "training site" because some Department-approved curricula do not require a physical classroom.
Department Response: The Department disagrees with the comment because §98.100(b) already makes clear that the classroom is not required to be a physical building and that it can be a virtual classroom conducted online. The Department did not make any changes to the proposed rules as a result of this comment.
Comment: One comment disagreed with the removal of the first aid requirement for an instructor license in existing §98.21(7) because the commenter felt it is a reasonable requirement.
Department Response: The Department disagrees with the comment because the Advisory Board voted on the issue at its August 31, 2023, meeting and determined that it was an unnecessary and burdensome requirement that should be removed. The Department did not make any changes to the proposed rules as a result of the comment.
Comment: One comment questioned whether the removal of the first aid and CPR requirements from §98.21 would factor into the requirement in §98.70 for an instructor to "act immediately to appropriately address the medical needs of any person injured at the training site and summon emergency medical services if necessary."
Department Response: The Department agrees with the comment. Instructors would not be required to provide first aid or CPR for injuries because instructors would no longer be required to have those skills. The Department notes that motorcycle schools can choose to impose these requirements on their instructors if they choose to do so. The Department did not make any changes to the proposed rules as a result of the comment.
Comment: One comment agreed with the proposed amendments to §98.50 and §98.70 that require reporting of each injury rather than each incident because the commenter believes the change is consistent with requirements of course providers.
Department Response: The Department appreciates the comment in support of the proposed rule. The Department did not make any changes to the proposed rules as a result of the comment.
Comment: Regarding the proposed amendments to §98.104, one comment questioned whether traffic law testing would occur separately when the student attempts to obtain a motorcycle license.
Department Response: The Department agrees with the comment. Texas Transportation Code §521.1601 requires a person to complete and pass a driver education and traffic safety course before being issued a driver's license, which includes a Class M license, from the Texas Department of Public Safety. The Department did not make any changes to the proposed rules as a result of the comment.
Comment: One comment questioned whether removal of the phrase "on the day the course begins" from §98.104(a) would allow students to attend a course as long as they turn 15 years of age by the end date of the course.
Department Response: The Department disagrees with the comment. The phrase is unnecessary because the remaining language is sufficiently clear to prohibit someone younger than 15 years of age from taking any part of the course: "Entry-level courses are open to any individual who is at least 15 years old." The Department did not make any changes to the proposed rules as a result of the comment.
Comment: Regarding the removal of §98.104(a)(1), (2), and (3), one comment questions what the new standard will be to verify the identity of a student for purposes of the issuance of a course completion certificate.
Department Response: The Department disagrees with the comment's implication that the Department must articulate such a standard. Motorcycle schools must take the necessary actions to ensure they do not issue a course completion certificate to a person who has not successfully completed the course in violation of §98.72(b)(1). The Department did not make any changes to the proposed rules as a result of the comment.
Comment: Regarding the removal of §98.104(a)(1), (2), and (3), one comment opposes the change because a particular course curriculum states that a student should know the rules of the road before taking the course and the commenter believes this will be difficult to verify without these options.
Department Response: The Department disagrees with the comment's implication that motorcycle schools do not have the option to continue to require students to provide the information in §98.104(a)(1), (2), and (3) to ensure compliance with any related curriculum requirements. The Department did not make any changes to the proposed rules as a result of the comment.
Comment: Regarding the removal of §98.104(a)(1), (2), and (3), one comment states that the Texas Department of Public Safety has requirements for minors before enrolling in a motorcycle safety course and that removing these rules would put the students in violation of this process.
Department Response: The Department disagrees with the comment. The Department has not identified any such conflict with rules of the Texas Department of Public Safety. The Department did not make any changes to the proposed rules as a result of the comment.
ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION
The Motorcycle Safety Advisory Board met on August 31, 2023, to discuss the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment. The Advisory Board attempted to meet on November 3, 2023, to discuss the proposed rules and the public comments received; however, a quorum was not present. The Department recommended that the Commission adopt the proposed rules as published in the Texas Register with a change to §98.70 as explained in the Section-by-Section Summary. At its meeting on December 1, 2023, the Commission adopted the proposed rules with changes as recommended by the Department.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Transportation Code, Chapter 662, Motorcycle Operator Training and Safety.
The adopted rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51, and Texas Transportation Code, Chapter 662. No other statutes, articles, or codes are affected by the adopted rules.
The legislation that enacted the statutory authority under which the adopted rules are proposed to be adopted is Senate Bill 616, 86th Legislature, Regular Session (2019) and Senate Bill 478, 88th Legislature, Regular Session (2023).
§98.70.Instructor--Responsibilities.
(a) An instructor must:
(1) notify the department of any change in the instructor's address, phone number, or email address within 15 days from the date of the change;
(2) maintain a valid driver's license that entitles the license holder to operate a motorcycle on a public road;
(3) maintain a driving record that meets the requirements of §98.21(5);
(4) act immediately to appropriately address the medical needs of any person injured at the training site and summon emergency medical services if necessary;
(5) report each injury to the motorcycle school in a timely manner;
(6) cooperate with all department audits and investigations and provide all requested documents;
(7) before each course, inspect each motorcycle to be used on the range to ensure the motorcycle meets the requirements of §98.102;
(8) ensure that each motorcycle provided by a student meets the insurance requirements of §98.102(b)(2) before the motorcycle is used on the range;
(9) provide instruction only in compliance with a curriculum approved by the department;
(10) be capable of instructing the entire course and providing technically correct riding demonstrations;
(11) comply with the student-to-instructor ratio requirements in §98.108;
(12) supervise all students and personnel on the range;
(13) wear the protective gear required by §98.108(e) whenever riding a motorcycle to, from, or during rider training activities;
(14) ensure all students wear the protective gear required by §98.108(e) when participating in the on-cycle activities of the course; and
(15) deal honestly with members of the public and the department.
(b) An instructor must not:
(1) instruct a student if either the instructor or student exhibits signs of impairment from the use of an alcoholic beverage, controlled substance, drug, or dangerous drug, as defined in Texas Penal Code §1.07; or
(2) complete, issue, or validate a certificate of course completion to a person who has not successfully completed the course.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 11, 2023.
TRD-202304671
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: January 1, 2024
Proposal publication date: September 22, 2023
For further information, please call: (512) 463-7750
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 115, §115.80, regarding the Midwives program, without changes to the proposed text as published in the October 13, 2023, issue of the Texas Register (48 TexReg 5881). This rule will not be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULE
The rules under 16 TAC, Chapter 115, implement Texas Occupations Code, Chapter 203, Midwives.
The adopted rule lowers the application fee for an initial midwife license from $275 to $195 and lowers the application fee for renewal of a midwife license from $550 to $390. The adopted rule is necessary to set fees in amounts reasonable and necessary to cover the costs of administering the Midwives program, as required by Texas Occupations Code §51.202. Department staff reviewed the costs of administering the Midwives program and determined that license application fees should be lowered so that the revenue from the fees does not exceed the costs of administering the program.
SECTION-BY-SECTION SUMMARY
The adopted rule amends §115.80, Fees, by reducing the midwife license initial application fee in paragraph (1) from $275 to $195 and by reducing the midwife license renewal application fee in paragraph (2) from $550 to $390 for each two-year renewal period.
PUBLIC COMMENTS
The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposed rule was published in the October 13, 2023, issue of the Texas Register (48 TexReg 5881). The public comment period closed on November 13, 2023. The Department received comments from two interested parties on the proposed rule. The public comments are summarized below.
Comment: One comment was in support of the proposed rule and thanked the Department for the reduction of midwife licensing fees.
Department Response: The Department appreciates the comment in support of the proposed rule. The Department did not make any changes to the proposed rule as a result of the comment.
Comment: One comment was in support of lowering the midwife license renewal fees and suggested that there also be a reduced fee for midwives who can prove that their income from midwifery is below a certain threshold.
Department Response: The Department appreciates the comment in support of reducing license renewal fees, but the Department disagrees with the suggestion that the fee amounts should be based on income level because the Department does not have clearstatutory authority to set fees in such a manner. The Department did not make any changes to the proposed rule as a result of the comment.
ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION
The Midwives Advisory Board attempted to meet on October 30, 2023, to discuss the proposed rule and the public comments received, but there was not a quorum present, so the Advisory Board could not make a recommendation. The Department recommended that the Commission adopt the proposed rule as published in the Texas Register. At its meeting on December 1, 2023, the Commission adopted the proposed rule.
STATUTORY AUTHORITY
The adopted rule is adopted under Texas Occupations Code, Chapters 51 and 203, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 203. No other statutes, articles, or codes are affected by the adopted rule.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 11, 2023.
TRD-202304665
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: January 1, 2024
Proposal publication date: October 13, 2023
For further information, please call: (512) 463-7750