Section 98.10 - DefinitionsThe 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.16 Tex. Admin. Code § 98.10
Adopted by Texas Register, Volume 45, Number 35, August 28, 2020, TexReg 6088, eff. 9/1/2020; Amended by Texas Register, Volume 46, Number 35, August 27, 2021, TexReg 5410, eff. 9/1/2021; Amended by Texas Register, Volume 48, Number 51, December 22, 2023, TexReg 7980, eff. 1/1/2024