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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.

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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 assumptionWhat the law actually does
The assumptionTexas has no helmet lawWhat 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 insuranceWhat 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)
  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.

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