The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Advisory board--The Motorcycle Safety Advisory Board.

2. (2) Change of ownership--A change in the control of a motorcycle school. The control of a school is considered to have changed:

   1. (A) in the case of ownership by an individual, when more than 50% of the school has been sold or transferred;
   2. (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
   3. (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. (3) Commission--Texas Commission of Licensing and Regulation.

4. (4) Controlling person--An individual who:

   1. (A) is a sole proprietor;
   2. (B) is a general partner of a partnership;
   3. (C) is a controlling person of a business entity that is a general partner of a partnership;
   4. (D) possesses direct or indirect control of at least 25 percent of the voting securities of a corporation;
   5. (E) is the president, the secretary, or a director of a corporation; or
   6. (F) possesses the authority to set policy or direct the management of a business entity.
5. (5) Department--Texas Department of Licensing and Regulation.
6. (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. (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. (8) Instructor training course--A course offered by an instructor training provider to prepare an individual for licensure as an instructor.
9. (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. (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. (11) Offer--To do any of the following:

    1. (A) make a written or oral proposal to perform;
    2. (B) contract in writing or orally to perform; or
    3. (C) advertise or imply, in any form through any medium, that a person is available to perform or contract to perform.
12. (12) Person--An individual or entity.
13. (13) Range--The area of a training site where on-cycle training is conducted.
14. (14) Training site--A physical location, consisting of a classroom and range, where motorcycle operator training is conducted.

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.