1. (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.

2. (b) Motorcycle helmet exemption. Persons 21 years old or older are exempt from wearing a motorcycle helmet if they:

   1. (1) have successfully completed a motorcycle operator training course as approved under Texas Transportation Code, Chapter 662; or
   2. (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.

3. (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. (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. (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.
4. (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.
5. (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.
6. (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.