(a) 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) 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) A motorcycle operator training course is any course approved by Texas Department of Licensing and Regulation (TDLR).
(d) Proof of successful completion of a TDLR approved motorcycle operator training course is a motorcycle operator training course completion card. 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) 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) 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; amended to be effective November 5, 2020, 45 TexReg 7716