The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Advisory board--The Motorcycle Safety Advisory
Board.
(2) Change of ownership--A change in the control of
a motorcycle school. The control of a school is considered to have
changed:
(A) in the case of ownership by an individual, when
more than 50% of the school has been sold or transferred;
(B) in the case of ownership by a partnership or corporation,
when more than 50% of the school, or of the owning partnership or
corporation, has been sold or transferred; or
(C) when the board of directors, officers, shareholders,
or similar governing body has been changed to such an extent as to
significantly alter the management and control of the school.
(3) Commission--Texas Commission of Licensing and Regulation.
(4) Controlling person--An individual who:
(A) is a sole proprietor;
(B) is a general partner of a partnership;
(C) is a controlling person of a business entity that
is a general partner of a partnership;
(D) possesses direct or indirect control of at least
25 percent of the voting securities of a corporation;
(E) is the president, the secretary, or a director
of a corporation; or
(F) possesses the authority to set policy or direct
the management of a business entity.
(5) Department--Texas Department of Licensing and Regulation.
(6) Entry-level courses--Courses of instruction in
motorcycle operation for novice or experienced motorcycle riders designed
to meet the training requirement to obtain a Class M driver's license
issued under Texas Transportation Code, Chapter 521.
(7) Instructor--An individual who holds a license issued
by the department that entitles the individual to provide instruction
on motorcycle operation and safety as an employee of or under contract
with a motorcycle school.
(8) Instructor training course--A course offered by
an instructor training provider to prepare an individual for licensure
as an instructor.
(9) Instructor training provider--An individual who
holds a license issued by the department that entitles the individual
to offer and conduct instructor training courses for consideration.
(10) Motorcycle school--A person who holds a license
issued by the department that entitles the person to offer and conduct
courses on motorcycle operation and safety for consideration.
(11) Offer--To do any of the following:
(A) make a written or oral proposal to perform;
(B) contract in writing or orally to perform; or
(C) advertise or imply, in any form through any medium,
that a person is available to perform or contract to perform.
(12) Person--An individual or entity.
(13) Range--The area of a training site where on-cycle
training is conducted.
(14) Training site--A physical location, consisting
of a classroom and range, where motorcycle operator training is conducted.
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| Source Note: The provisions of this §98.10 adopted to be effective September 1, 2020, 45 TexReg 6088; amended to be effective September 1, 2021, 46 TexReg 5410; amended to be effective January 1, 2024, 48 TexReg 7980 |
