So you got ahold of someone that was trying to force their opinion of helmet wearing VS what the LAW says about helmet wearing....I get those all the time. Basically, I ride, I DONT wear a helmet unless the law says I have to...Enough SAID!

 

Regardless of the state law, I like to try and call an independent bike shop in a state where I haven't traveled to find out how the law is actually interpreted.
As we all know, novelty helmets are tolerated by law enforcement in some states even though the statute calls for DOT helmets.
Local bike shops will usually let you know what is acceptable, while HD dealerships tend to stick to the company line and "recommend" wearing a helmet.

 

Okay, you are a LEO and I'm just a citizen, but I recently discussed this change with my friend/MSF Instructor and even looked up the statute tonight just to confirm what he said.

In a nutshell, in TX, if you are under 21...you must wear helmet no matter what (or risk a ticket).

21 or more, to be exempt from having to wear a helmet, you must show proof of taking a Motorcycle Safety Course (which is now required to get your motorcycle endorsement as of Sept 1, 2009) OR you must show proof of medical insurance that would cover your medical expenses resulting from a motorcycle crash. What that means is you must not have a policy that excludes "high risk" activities as some do. The company a friend of mine works for has such an exclusion on his medical policy, so unless he pays for it, he'd not be covered if he crashed. You are correct, in that the statute removed the $10K minimum medical.

Also, there are no more stickers for your license plate showing you are helmet exempt as there were before this change. Bikers are now required to either show proof of having taken a rider class or proof of medical insurance if they choose not to wear a helmet.

(c) It is an exception to the application of Subsection (a) or (b) that at the time the offense was committed, the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course under Chapter 662 or was covered by a health insurance plan providing the person with [at least $10,000 in] (<< this part in brackets is crossed out in the statute)medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle. A peace officer may not arrest a person or issue a citation to a person for a violation of Subsection (a) or (b) if the person required to wear protective headgear is at least 21 years of age and presents evidence sufficient to show that the person required to wear protective headgear has successfully completed a motorcycle operator training and safety course or is covered by a health insurance plan as described by this subsection.
(c-1) A peace officer may not stop or detain a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed the motorcycle operator training and safety course or is covered by a health insurance plan.