The Motorcycle Helmet
Transp. Code 661.003 — headgear unless 21 and trained or insured
In Texas, a person commits an offense by operating or riding as a passenger on a motorcycle on a public street or highway without protective headgear, or by carrying a passenger who is not wearing it.
The exception at 21. It is an exception that the person was at least 21 years old and had completed a motorcycle operator training and safety course, or was covered by a health insurance plan providing medical benefits for motorcycle collision injuries. An officer may not cite a person at least 21 who presents evidence of either.
No stop just to check. A peace officer may not stop or detain a motorcycle operator or passenger for the sole purpose of determining whether they completed the course or are covered by a health insurance plan.
| The assumption | What the law actually does |
|---|---|
| The assumptionTexas has no helmet law | What the law actually doesHeadgear is required unless the rider is at least 21 and trained or insured |
| The assumptionAn officer can pull a rider over to check insurance | What the law actually doesNot for the sole purpose of checking the course or the coverage |
Licensing, endorsement and equipment rules for motorcycles, and the separate rules for mopeds and electric bicycles, are not on this page. Whether a particular helmet meets the standard, or an exception applies to a particular rider, is a question for a licensed Texas attorney.
Sources for this section (1)
- Transp. Code 661.003 — Offenses relating to not wearing protective headgear
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.