I looked up the requirements and reg's through the Texas DMV.
This is a direct copy from the Texas DMV's web sight.
In Texas, the operation of any street-legal moped or scooter requires a Class M motorcycle license. To obtain a Class M license, you will need, among other things, to take a motorcycle safety course that's approved by the Department of Public Safety (DPS). But there is other important information you need to know before applying for your license.
The Texas Certified Moped List
The TX DPS recently published a list of certified mopeds meeting the legal definition of a moped. Don't see your bike on the list of certified mopeds? Ask yourself these questions:
Can it exceed 30 MPH?
Does it require shifting gears?
Does it have a piston displacement of more than 50 ccs?
If you answered yes to any of the questions, your moped is classified as a motorcycle. This means you are not eligible for the “K” restriction, and you require a Class M motorcycle license.
Basically if it shifts it's a motorcycle..... even below 50cc's Just like Oregon.
By that standard the China girl falls into gray law because it has a manual clutch. But no gears. At least in Oregon.