| (a) The Federal Motor Vehicle Safety Standard, Number
218, concerning Motorcycle Helmets, and all amendments thereto, is
adopted by the department as the minimum standard for motorcycle helmets
sold for and worn by motorcycle operators and passengers on public
roadways in Texas.
(b) Persons 21 years old or older are exempt from wearing
a motorcycle helmet if they:
(1) have successfully completed a motorcycle operator
training course as approved under Texas Transportation Code, Chapter
662; or
(2) are covered by a health insurance plan providing
the person with medical benefits for injuries incurred as a result
of an accident while operating or riding upon a motorcycle.
(c) A motorcycle operator training course is any course
approved by Texas Department of Licensing and Regulation (TDLR).
(d) Proof of successful completion of a TDLR approved
motorcycle operator training course is a motorcycle operator training
course completion card. A completion card from another state or military
base indicating that the course attended meets or exceeds the educational
standards of the Motorcycle Safety Foundation is acceptable.
(e) A health insurance plan is defined as an individual,
group, blanket, or franchise insurance policy, insurance agreement,
group hospital services contract, health maintenance organization
membership, or employee benefit plan that provides benefits for health
care services or for medical or surgical expenses incurred as a result
of an accident.
(f) The Texas Department of Insurance shall prescribe
a standard proof of health insurance for issuance to persons who are
at least 21 years of age and covered by a health insurance plan described
in subsection (b)(2) of this section.
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