reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.23 - Instructor-License Term; Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				instructor license is valid for two years after the date of issuance.
(b) Each licensee is responsible for renewing
				the license before the expiration date. Lack of receipt of a license renewal
				notice from the department will not excuse failure to file for renewal or late
				renewal.
(c) To renew a license, an
				instructor must:
(1) submit a completed
				renewal application on a department-approved form;
(2) meet the requirements of §98.21(4),
				(5), (8), and (9) ; and
(3) submit
				the fee required under §98.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.24 - Instructor Training Provider-License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				An individual may not offer or conduct an instructor training course unless the
				individual holds an instructor training provider license issued by the
				department.
(b) To be eligible for
				the issuance or renewal of an instructor training provider license, an
				applicant must:
(1) submit a completed
				application on a form prescribed by the department;
(2) meet the requirements of §98.21(1),
				(4), (5), (6), (8), and (9);
(3)
				hold a current instructor license issued by the department;
(4) hold current certification to conduct a
				department-approved instructor training course issued by the course owner or
				administrator; and
(5) submit the
				fee required under §98.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.25 - Motorcycle School - License Required

Current through Reg. 49, No. 28; July 12, 2024
A person may not offer or conduct training in motorcycle
				  operation for consideration unless the person:
(1) holds a motorcycle school license issued
				by the department;
(2) conducts the
				training in accordance with a curriculum approved by the department;
				and
(3) employs, or contracts with,
				an instructor to teach the training.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.26 - Motorcycle School - License Eligibility

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for a motorcycle school license, an applicant
				  must:
(1) submit a completed
				application on a form prescribed by the department;
(2) provide a list of all controlling persons
				of the applicant, each of whom must undergo and successfully pass a criminal
				history background check;
(3)
				obtain an insurance policy that meets the requirements of
				§98.40;
(4) provide a list of
				all real property that will be used to meet the training site requirements of
				§98.100 and proof that the applicant owns, or possesses written
				authorization by the owner to use, each property;
(5) provide a list of motorcycles, if any,
				that will be available for use by students, including for each motorcycle the
				year, make, model, and Vehicle Identification Number (VIN);
(6) provide a list of the department-approved
				courses the applicant intends to offer and proof of ownership of, or authority
				to offer, each course;
(7) provide
				a list of instructors employed by, or contracted with, the applicant;
				and
(8) submit the fee required by
				§98.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.27 - Motorcycle School-License Term; Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A motorcycle school license is valid for
				two years after the date of issuance.
(b) Each licensee is responsible for renewing
				the license before the expiration date. Lack of receipt of a license renewal
				notice from the department will not excuse failure to file for renewal or late
				renewal.
(c) To renew a license, a
				motorcycle school must:
(1) submit a completed
				renewal application on a department-approved form;
(2) meet the requirements of §98.26(2),
				(3), and (6) ; and
(3) submit the
				fee required under §98.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.30 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
A course in motorcycle operation is exempt from licensing and
				  regulation under Texas Transportation Code, Chapter 662, and this chapter if
				  the course:
(1) is taught by law
				enforcement agencies to law enforcement officers; or
(2) is not advertised or otherwise claimed to
				meet the training requirement for a Class M driver's license and:
(A) provides instruction only in off-road
				dirt bike training for use on trails, tracks, or other nonpublic roadways;
				or
(B) provides instruction only in
				motorcycle racing techniques on a racetrack for the purpose of motorcycle
				racing competition.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.40 - Motorcycle School - Insurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
A motorcycle school must be covered by an insurance policy
				  that provides at least $2 million in liability coverage and $10,000 in medical
				  payments coverage.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.50 - Motorcycle School-Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A motorcycle school must report each
				injury to the department, in the form and manner prescribed by the department,
				within:
(1) two business days following the
				end of each course for an injury that requires immediate medical attention
				beyond first aid; or
(2) three
				business days following the end of each course for any other injury.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.60 - Audits

Current through Reg. 49, No. 28; July 12, 2024
The department may conduct unannounced audits, during
				  reasonable business hours, to ensure motorcycle schools, instructors, and
				  instructor training providers comply with the requirements of this chapter and
				  Texas Transportation Code, Chapter 662.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.65 - Advisory Board Membership

Current through Reg. 49, No. 28; July 12, 2024
The Motorcycle Safety Advisory Board consists of nine members
				  appointed by the presiding officer of the commission, on approval of the
				  commission, as follows:
(1) three
				members:
(A) each of whom must be an
				instructor or represent a motorcycle school; and
(B) who must collectively represent the
				diversity in size and type of the motorcycle schools licensed under this
				chapter;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.66 - Advisory Board Duties

Current through Reg. 49, No. 28; July 12, 2024
The advisory board shall advise the department on matters
				  related to the motorcycle operator training and safety program established
				  under Texas Transportation Code, Chapter 662.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.67 - Advisory Board Member Terms, Vacancies, and Removal

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory board members serve
				staggered six-year terms. The terms of three members expire September 1st of
				each odd-numbered year.
(b) If a
				vacancy occurs on the advisory board, the presiding officer of the commission,
				on approval of the commission, shall appoint a replacement who meets the
				qualifications for the vacant position to serve for the remainder of the
				term.
(c) A member of the advisory
				board may be removed from the advisory board pursuant to Texas Occupations Code
				§ 51.209.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.68 - Advisory Board Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				presiding officer of the commission, on approval of the commission, shall
				designate a member of the advisory board to serve as the presiding officer of
				the advisory board for a one-year term.
(b) The presiding officer of the advisory
				board shall preside at all advisory board meetings at which he or she is in
				attendance. The presiding officer of the advisory board may vote on any matter
				before the advisory board.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.69 - Advisory Board Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				advisory board shall meet at the call of the executive director or the
				presiding officer of the commission.
(b) A quorum of the advisory board is
				necessary to conduct official business. A quorum is five members.
(c) Advisory board actions require a majority
				vote of those members present and voting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.70 - Instructor-Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.71 - Instructor Training Provider-Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) An instructor training provider must:
(1) comply with the requirements for
				instructors in §98.70;
(2)
				maintain a current instructor license issued by the
				department;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.72 - Motorcycle School - Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A motorcycle school must:
(1) notify the
				department of any change to the information provided for initial licensure
				under §98.26 or for license renewal under §98.27, within 15 days from
				the date of the change;
(2)
				maintain ownership of, or possession of written authorization by the owner to
				use:
(A) all real property used for a
				training site; and
(B) all
				motorcycles made available for use by students;
(3) maintain compliance with the insurance
				requirements of §98.40;
(4)
				maintain compliance with the reporting requirements of §98.50;
(5) cooperate with all department audits and
				investigations and provide all requested documents;
(6) comply with §98.74 prior to a
				relocation;
(7) notify the
				department within 30 days after a change of ownership and comply with the
				requirements of §98.76;
(8)
				maintain compliance with training site requirements of §98.100;
(9) ensure that all motorcycles made
				available for use by students meet the requirements of §98.102;
(10) allow course admission only to
				individuals who meet the requirements of §98.104;
(11) issue course completion certificates in
				accordance with §98.106 and implement effective protective measures to
				ensure that unissued course completion certificates are secured;
(12) conduct courses only in accordance with
				a department-approved curriculum and notify the department at least 15 days
				prior to any change to the list of courses that will be offered;
(13) employ or contract with instructors to
				teach all courses conducted by the motorcycle school;
(14) schedule instructors only in compliance
				with the student-to-instructor ratio requirements of §98.108;
(15) require all students and instructors to
				wear full protective gear whenever participating in the on-cycle portion of any
				course, as required by §98.108(f);
(16) maintain, for three calendar years,
				records of courses conducted and individuals who receive course completion
				certificates; and
(17) deal
				honestly with members of the public and the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.74 - Motorcycle School - Relocation

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				motorcycle school must notify the department at least 15 days prior to a
				relocation by submitting a completed form prescribed by the department.
(b) A relocation includes a change
				to the list of real property used for a training site.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.76 - Motorcycle School-Change of Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) A motorcycle school license is not
				transferable.
(b) If a motorcycle
				school has a change of ownership, the new owner must apply for a new motorcycle
				school license. The current license holder may continue to operate the
				motorcycle school while the department is processing the application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The fee for the issuance or renewal of an
				instructor license is $50.
(b) The
				fee for the issuance or renewal of a motorcycle school license is
				$100.
(c) The fee for the issuance
				or renewal of an instructor training provider license is $50.
(d) The fee for the approval of a motorcycle
				operation and safety course is $0.
(e) The fee for the approval of an instructor
				training course is $0.
(f) A
				duplicate/replacement fee for a license issued under this chapter is
				$25.
(g) Late renewal fees for
				licenses issued under this chapter are provided under §60.83 (relating to
				Late Renewal Fees).
(h) A
				dishonored/returned check or payment fee is the fee prescribed under
				§60.82 (relating to Dishonored Payment Fee).
(i) The fee for a criminal history evaluation
				letter is the fee prescribed under §60.42 (relating to Criminal History
				Evaluation Letters).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.90 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If an individual or entity violates any provision of Texas
				  Occupations Code, Chapter 51, Texas Transportation Code, Chapter 662, this
				  chapter, or any rule or order of the commission or the executive director of
				  the department, proceedings may be instituted to impose administrative
				  penalties, administrative sanctions, or both, in accordance with the provisions
				  of Texas Occupations Code, Chapter 51, and Texas Transportation Code, Chapter
				  662, as applicable, and any associated rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.92 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapter 51, and Texas Transportation Code, Chapter 662, and any
				  associated rules, may be used to enforce Texas Transportation Code, Chapter
				  662, and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.100 - Training Site Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				motorcycle school must have a training site that includes:
(1) a range that is:
(A) a paved surface, including asphalt,
				concrete, or another all-weather surface of suitable traction;
(B) large enough to safely accommodate all
				courses conducted by the motorcycle school;
(C) reasonably free of incline;
(D) secure from vehicular and pedestrian
				traffic;
(E) free of surface
				hazards and obstacles; and
(F)
				surrounded by a paved run-off area, free of surface hazards and obstacles, of
				at least 20 feet from the perimeter of the range;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.102 - Motorcycle Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				instructor must reject a motorcycle for use in a course if the motorcycle fails
				to meet the requirements of this section or if, in the discretion of the
				instructor, the motorcycle is unsafe or inappropriate for the rider, an
				instructor, another student, or any other person permitted on the
				range.
(b) Student-provided
				motorcycles used in courses must:
(1) meet
				all the requirements for operation on public highways;
(2) be covered by a motor vehicle liability
				insurance policy that meets the requirements of Texas Transportation Code
				§ 601.072, proof of which must be available for inspection by an
				instructor; and
(3) pass a safety
				inspection conducted by the instructor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.104 - Student Admission Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Entry-level
				courses are open to any individual who is at least 15 years old.
(b) Non-entry-level courses are open to any
				individual who holds a Class M driver's license or an equivalent out-of-state
				license.
(c) To be eligible for
				student admission to any course, an individual younger than 18 years of age
				must provide the motorcycle school with written consent, signed by the
				individual's parent or legal guardian, for the individual to participate as a
				student in the course and to receive medical treatment for any injury that may
				occur at the motorcycle school. The signature of the parent or legal guardian
				on the written consent must be notarized or provided in person at the training
				site.
(d) Prior to accepting
				payment from an individual for admission to an entry-level course, a motorcycle
				school must inform the individual in writing of:
(1) the school's policy regarding any
				attempts the school allows students to make to pass the knowledge examination,
				the riding skills test required for the course, and any associated fees;
				and
(2) the requirement that a
				student whose riding performance creates an unmanageable danger on the range,
				as determined by the instructor, must be removed from the course.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.106 - Verification of Course Completion

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				motorcycle school must issue a department-approved course completion
				certificate to a student who has successfully completed an entry-level course.
				The certificate must be signed by an instructor who taught the course or an
				appointed representative of the school.
(b) A motorcycle school must issue a
				department-approved course completion certificate that is restricted to the
				operation of a three-wheeled motorcycle if the entry-level course successfully
				completed by a student is specific to the operation of a three-wheeled
				motorcycle.
(c) A motorcycle school
				may issue a duplicate course completion certificate to a student for a lost
				certificate for up to three calendar years from the date the course was
				completed. The duplicate certificate must bear the same certificate number and
				course completion date as the original certificate.
(d) A course completion certificate for an
				entry-level course may only be issued to a student who has successfully
				completed the knowledge examination and the riding skills test required by the
				approved curriculum for the course. A motorcycle school may allow a student to
				make multiple attempts to pass the knowledge examination or the riding skills
				test, but any student whose riding performance creates an unmanageable danger
				on the range, as determined by the instructor, must be removed from the course
				and is not entitled to additional attempts to pass the riding skills
				test.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.108 - Course Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All courses
				must be conducted in accordance with a department-approved
				curriculum.
(b) The
				student-to-instructor ratio for classroom instruction of a course may not
				exceed 36 students per instructor.
(c) The student-to-instructor ratio for range
				instruction may not exceed eight students per instructor, or a more restrictive
				ratio imposed by the approved curriculum.
(d) For two-wheeled motorcycle courses, a
				separate motorcycle must be available for each student. For three-wheeled
				motorcycle courses, no more than two students may share a motorcycle.
(e) All students and instructors must wear
				protective gear when participating in the on-cycle activities of the course.
				The minimum protective gear includes:
(1) a
				motorcycle helmet that meets the standards of the U.S. Department of
				Transportation;
(2) eye
				protection;
(3) over-the-ankle,
				sturdy footwear;
(4) a long-sleeved
				shirt or jacket;
(5) non-flare
				pants that cover the entire leg and are made from a material that is at least
				as sturdy as denim; and
(6)
				full-fingered gloves.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.110 - Approval of Course Curriculum

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				obtain department approval of a course curriculum, a person must submit to the
				department:
(1) a completed application on a
				form prescribed by the department; and
(2) the curriculum for the course and, if
				requested by the department, course materials to be used by students and
				instructors in the classroom and on the range.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.112 - Curriculum Standards-Entry-Level Course

Current through Reg. 49, No. 28; July 12, 2024
The curriculum for an entry-level course must:
(1) be determined by the department to meet
				the Model National Standards for Entry-Level Motorcycle Rider Training (August
				2011) distributed by the U.S. Department of Transportation, National Highway
				Traffic Safety Administration, which the department adopts by
				reference;
(2) include a knowledge
				examination that is designed to ensure students comprehend important concepts
				covered in the curriculum;
(3)
				include a riding skills test that is designed to ensure students can perform
				the riding skills covered in the curriculum;
(4) be consistent with this chapter and Texas
				Transportation Code, Chapter 662; and
(5) be submitted in conjunction with an
				instructor training course that meets the requirements of
				§98.116.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.114 - Curriculum Standards - Non-Entry-Level Course

Current through Reg. 49, No. 28; July 12, 2024
The curriculum for a course of instruction in motorcycle
				  operation that is not an entry-level course must:
(1) provide a benefit to public
				safety;
(2) be designed to provide
				training in a safe and prudent manner; and
(3) be consistent with this chapter and Texas
				Transportation Code, Chapter 662.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.116 - Curriculum Standards-Instructor Training Course

Current through Reg. 49, No. 28; July 12, 2024
The curriculum for an instructor training course must:
(1) prepare an individual to competently
				teach all components of an entry-level course approved by the
				department;
(2) have an evaluation
				process to ensure the individual can competently teach all components of the
				entry-level course; and
(3) be
				consistent with this chapter and Texas Transportation Code, Chapter
				662.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 99 - OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM › Section 99.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of Texas
				  Occupations Code, Chapter 51, and Texas Transportation Code, Chapter
				  551A.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 99 - OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM › Section 99.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) All-terrain Vehicle
				Safety Institute (ASI)--A not-for-profit operating division of the Specialty
				Vehicle Institute of America (SVIA), formed to implement an expanded national
				program of all-terrain vehicle safety education and awareness.
(2) Commission--Texas Commission of Licensing
				and Regulation.
(3)
				Department--Texas Department of Licensing and Regulation.
(4) Off-highway vehicle--An all-terrain
				vehicle, a recreational off-highway vehicle, a sand rail, or a utility vehicle,
				as those terms are defined in Texas Transportation Code §
				551A.001.
(5) Program--The
				Off-Highway Vehicle Operator Education and Certification Program administered
				by the department to make available courses in basic training and safety skills
				relating to the operation of off-highway vehicles and to issue safety
				certificates to operators who successfully complete the courses.
(6) Program sponsor--An entity with which the
				department enters into an agreement to administer the program.
(7) Safety certificate--A certificate that
				allows a person to operate an off-highway vehicle on public off-highway vehicle
				land or a beach, in accordance with Transportation Code §
				551A.031.
(8) Safety training
				course--A course of instruction in off-highway vehicle operation that fulfills
				the training requirement for a person to obtain a safety certificate.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 99 - OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM › Section 99.20 - Program Sponsor

Current through Reg. 49, No. 28; July 12, 2024
The department may enter into an agreement with a nonprofit
				  safety organization, nonprofit educational organization, institution of higher
				  education, or agency of local government to serve as a program
				  sponsor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 99 - OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM › Section 99.22 - Instructor

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must be a department-approved
				instructor to teach a safety training course.
(b) To be eligible to become an approved
				instructor, a person must:
(1) successfully
				complete a department-approved instructor preparation course;
(2) enter into an instructor license
				agreement with a program sponsor; and
(3) submit an application on a form
				prescribed by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 99 - OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM › Section 99.24 - Safety Training Course

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				curriculum for a safety training course shall consist of a department-approved
				course and the distribution of information about Texas laws which pertain to
				off-highway vehicles.
(b) The
				department adopts the most current version of ASI's ATV RiderCourse that
				includes hands-on training as the approved course for the program.
(c) Safety training courses attended by
				children under age 16 shall be modified according to the most current standards
				of ASI.
(d) All off-highway
				vehicles used for training in a safety training course shall be no greater than
				the recommended size for the person in accordance with the age/size
				recommendations of the manufacturer.
(e) A program sponsor may not allow a child
				under the age of 18 to participate as a student in a safety training course
				unless the program sponsor has obtained:
(1)
				the signed, written consent of the child's parent or guardian on a form that
				includes the appropriate age recommendations listed in the most current ASI
				Instructor Guide; and
(2) written
				consent, signed by a parent or other person listed in Texas Family Code §
				32.001(a), for the individual to receive medical treatment for any injury that
				may occur during the course.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 99 - OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM › Section 99.26 - Operator Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				instructor shall issue a safety certificate to a student immediately following
				the student's successful completion of a safety training course.
(b) A program sponsor shall provide to the
				department, in a manner prescribed by the department, the names of all persons
				who successfully complete a safety training course, no later than 45 days after
				the date of course completion.
(c)
				A program sponsor may issue a duplicate safety certificate to a person whose
				safety certificate is lost, mutilated, or destroyed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 99 - OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM › Section 99.30 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
A person who resides in a county in which a safety training
				  course is not being offered is exempted from the requirement to hold a safety
				  certificate for operation of an off-highway vehicle on public land or a beach
				  in that county until such time as a safety training course is available in that
				  county.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 99 - OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM › Section 99.90 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If a person violates any provision of Texas Occupations
				  Code, Chapter 51, Texas Transportation Code, Chapter 551A, this chapter, or any
				  rule or order of the commission or the executive director of the department,
				  proceedings may be instituted to impose administrative penalties,
				  administrative sanctions, or both, in accordance with the provisions of Texas
				  Occupations Code, Chapter 51, and Texas Transportation Code, Chapter 551A, as
				  applicable, and any associated rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 99 - OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM › Section 99.92 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapter 51, and Texas Transportation Code, Chapter 551A, and any
				  associated rules, may be used to enforce Texas Transportation Code, Chapter
				  551A, and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 99 - OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM › Section 99.100 - Off-Highway Vehicle Warning Flag

Current through Reg. 49, No. 28; July 12, 2024
A person who operates an off-highway vehicle on a public
				  highway pursuant to Texas Transportation Code § 551A.057 or §
				  551A.058 must have a warning flag mounted on the rear of the vehicle that meets
				  the following standards:
(1) the
				warning flag must be comprised of a fluorescent-orange-colored,
				triangular-shaped flag, a staff or pole, and a mounting apparatus;
(2) the flag must measure not less than 7.5
				inches nor more than 10 inches across the base and not less than 16 inches nor
				more than 24 inches from the base to the point of the triangle and must be
				constructed of a coated fabric or other material sufficient to render it
				resistant to deterioration by the elements;
(3) the staff or pole must measure not less
				than 8 feet nor more than 9 feet from the mounting surface to the tip, must be
				not less than 1/4 inch nor more than 1/2 inch in diameter, and must be
				constructed of a material or in such a manner as to allow it to flex or bend as
				much as 45 degrees without breaking and return to a vertical position; and
(4) the mounting apparatus must be
				sufficient to attach it securely at the base to the rear area of the vehicle
				and in an upright position.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 99 - OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND CERTIFICATION PROGRAM › Section 99.102 - Operation on Land Designated for Off-Highway Vehicle Use by Texas Parks and Wildlife Department

Current through Reg. 49, No. 28; July 12, 2024
No person shall operate an off-highway vehicle on land
				  designated by the Texas Parks and Wildlife Department for off-highway vehicle
				  use unless an off-highway decal has been affixed to the off-highway vehicle in
				  compliance with Texas Parks and Wildlife Code § 29.003.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 100 - GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 100.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to the health-related programs
					 regulated by the department, as specified in each of the subchapters in this
					 chapter. The provisions of this chapter are in addition to all other statutes
					 and rules that apply to the health-related programs, as specified in each
					 subchapter. This chapter applies except in the event of a conflict with
					 specific program statutes and rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 100 - GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 100.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms have the following meanings when used
					 in this chapter:
(1) Advisory Board--A
				  board, committee, council, or other body that is established by law to advise
				  the commission or department on rules, policies, and/or technical
				  matters.
(2) Commission--Texas
				  Commission of Licensing and Regulation.
(3) Department--Texas Department of Licensing
				  and Regulation.
(4) Executive
				  Director--The head administrative official of the department.
(5) License--A license, certificate,
				  registration, title, commission, or permit issued by the department.
(6) Penalty or Administrative Penalty--A
				  monetary fine imposed by the commission or the executive director on a licensee
				  or other person who has violated this chapter or a statute or rule governing a
				  program regulated by the department.
(7) Rule--Any commission statement of general
				  applicability that implements, interprets, or prescribes law or policy, or
				  describes the procedure or practice requirements of the department or
				  commission.
(8) Sanction--An action
				  by the commission or executive director against a license holder or another
				  person, including the denial, suspension, or revocation of a license, the
				  reprimand of a license holder, the placement of a license holder on probation,
				  or refusal to renew.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 100 - GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 100.3 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department may bring an enforcement action to impose administrative
				  penalties, administrative sanctions, or both in accordance with the provisions
				  of Occupations Code, Chapter 51 and any associated rules if a person or entity
				  violates any provision of Occupations Code, Chapter 51 or this chapter, or any
				  rule or order of the executive director or commission.
(b) The department may bring an enforcement
				  action for violation of this chapter in combination with an action for
				  violation of any other applicable law or rule governing a program administered
				  by the department or governing the practice of a person or entity regulated by
				  the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 100 - GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS › Subchapter B - CERTAIN HEALTH-RELATED ADVISORY BOARDS › Section 100.11 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to programs
				  administered by the department under the following chapters of Title 3,
				  Occupations Code:
(1) Chapter 203
				  (Midwives);
(2) Chapter 401
				  (Speech-Language Pathologists and Audiologists);
(3) Chapter 402 (Hearing Instrument Fitters
				  and Dispensers);
(4) Chapter 451
				  (Athletic Trainers);
(5) Chapter
				  506 (Behavior Analysts);
(6)
				  Chapter 605 (Orthotists and Prosthetists); and
(7) Chapter 701 (Dietitians).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 100 - GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS › Subchapter B - CERTAIN HEALTH-RELATED ADVISORY BOARDS › Section 100.20 - Providing Information to Advisory Boards for Certain Health-Related Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is
				  promulgated under Occupations Code §
										RSA
				  51.2031<subdiv>(b)</subdiv>.
(b) The department will present the following
				  documents, including any updates or revisions, to the advisory board for its
				  input and recommendation:
(1) The penalty
				  matrix for the program to be included in the department's Enforcement Plan;
				  and
(2) Criminal Conviction
				  Guidelines (Guidelines for Applicants with Criminal Convictions) for the
				  program.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 100 - GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS › Subchapter B - CERTAIN HEALTH-RELATED ADVISORY BOARDS › Section 100.30 - Rules Regarding Certain Health-Related Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is promulgated under
				  Occupations Code §
										RSA
				  51.2031<subdiv>(a-1) and
				  (a-2)</subdiv>.
(b) The commission may not adopt a new rule
				  relating to the scope of practice of or a health-related standard of care for a
				  program to which this section applies unless the rule has been proposed by the
				  advisory board established for that program.
(c) Under Occupations Code §
										RSA
				  51.2031<subdiv>(a-1) and
				  (a-2)</subdiv>, the advisory board may propose a
				  rule described by subsection (b) according to the following procedure:
(1) The advisory board, by a majority vote of
				  the members present and voting at a meeting at which a quorum is present, shall
				  either:
(A) recommend that the rule be
				  published in the
Texas Register
for public comment;
				  or
(B) if the rule has been
				  published and after considering the public comments, make a recommendation to
				  the commission concerning adoption of the rule;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 100 - GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS › Subchapter B - CERTAIN HEALTH-RELATED ADVISORY BOARDS › Section 100.40 - Enforcement Procedures for Certain Health-Related Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is promulgated under
				  Occupations Code §
										RSA
				  51.2031<subdiv>(b)</subdiv>.
(b) The department will develop procedures to
				  incorporate health-related expertise into the department's investigation and
				  resolution of complaints.
(c) The
				  department will seek input regarding the procedures developed under this
				  section from each advisory board.
(d) The procedures developed under this
				  section may include obtaining health-related expertise from one or more of the
				  following sources:
(1) A current or former
				  member of the advisory board for the profession;
(2) A department staff expert;
(3) An outside expert with relevant
				  education, training, or experience;
(4) A panel consisting of any combination of
				  the individuals listed in paragraphs (1) - (3).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 100 - GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS › Subchapter C - TELEHEALTH › Section 100.60 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to programs
				  administered by the department under the following chapters of Title 3,
				  Occupations Code:
(1) Chapter 202
				  (Podiatrists);
(2) Chapter 203
				  (Midwives);
(3) Chapter 401
				  (Speech-Language Pathologists and Audiologists);
(4) Chapter 402 (Hearing Instrument Fitters
				  and Dispensers);
(5) Chapter 403
				  (Licensed Dyslexia Practitioners and Therapists);
(6) Chapter 451 (Athletic
				  Trainers);
(7) Chapter 455 (Massage
				  Therapy);
(8) Chapter 506 (Behavior
				  Analysts);
(9) Chapter 605
				  (Orthotists and Prosthetists); and
(10) Chapter 701 (Dietitians).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 100 - GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS › Subchapter C - TELEHEALTH › Section 100.61 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms have the following meanings when used
					 in this subchapter, unless the context clearly indicates otherwise:
(1) Client--A patient, consumer, or any other
				  person receiving care or services from a health professional.
(2) Health professional--A person holding a
				  license issued by the department in a program listed in § 100.60(a) of
				  this chapter.
(3) In-person--The
				  health professional is physically present with the client while performing an
				  act or service within the health professional's scope of practice.
(4) Telehealth service--A health service
				  delivered by a health professional acting within the scope of the health
				  professional's license to a client at a different physical location than the
				  health professional using telecommunications or information
				  technology.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 100 - GENERAL PROVISIONS FOR HEALTH-RELATED PROGRAMS › Subchapter C - TELEHEALTH › Section 100.62 - License Requirement

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise permitted to practice under applicable law
					 or commission rule, a person providing a telehealth service to a client located
					 in Texas at the time the service is provided must possess the valid license
					 type required by the department for the delivery of the applicable telehealth
					 service, regardless of the location of the provider when delivering the
					 telehealth service.