(a) Minimum safety standards. 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) Motorcycle helmet exemption. 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) Motorcycle operator training course. A motorcycle
operator training course is defined as being a basic or advanced motorcycle
operator training course approved by the department and meeting or
exceeding the educational standards of the Motorcycle Safety Foundation.
  (1) The department-approved advanced motorcycle operator
training course is the minimum requirement for licensed motorcyclists
with their own motorcycle and protective equipment. The basic motorcycle
operator training course approved by the department in the same reference
is acceptable.
  (2) The department-approved basic motorcycle operator
training course is required for new or inexperienced motorcyclists,
persons without a valid motorcycle driver license or persons without
their own motorcycle or protective equipment.
(d) Proof of successful completion. Proof of successful
completion of a department-approved motorcycle operator training course
is a motorcycle operator training course completion card, MSB-8, annotated
for the basic or advanced motorcycle operator training course, as
applicable. 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) Health insurance plan. 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) Proof of compliance. 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.


Source Note: The provisions of this §21.6 adopted to be effective April 12, 2012, 37 TexReg 2430