| 1 | 1 | | 81R2161 TRH-D |
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| 2 | 2 | | By: Bonnen H.B. No. 1163 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the registration and operation on a public roadway of an |
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| 8 | 8 | | all-terrain vehicle by a disabled person. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 502.006, Transportation Code, is amended |
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| 11 | 11 | | by amending Subsection (a) and adding Subsection (c) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) Except as provided by Subsections [Subsection] (b) and |
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| 14 | 14 | | (c), a person may not register an all-terrain vehicle, with or |
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| 15 | 15 | | without design alterations, for operation on a public highway. |
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| 16 | 16 | | (c) A municipality with a population less than 35,000 may |
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| 17 | 17 | | register an all-terrain vehicle for operation on a public street, |
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| 18 | 18 | | road, or highway that is not an interstate or limited-access |
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| 19 | 19 | | highway by a person with a disability as defined by Section 681.001. |
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| 20 | 20 | | SECTION 2. Section 663.037, Transportation Code, is amended |
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| 21 | 21 | | by adding Subsection (h) to read as follows: |
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| 22 | 22 | | (h) A person with a disability may operate an all-terrain |
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| 23 | 23 | | vehicle registered under Section 502.006 on a public street, road, |
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| 24 | 24 | | or highway with a posted speed limit of 35 miles per hour or less, |
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| 25 | 25 | | that is not an interstate or limited-access highway that is located |
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| 26 | 26 | | in a municipality with a population of less than 35,000 if: |
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| 27 | 27 | | (1) the transportation is in connection with the |
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| 28 | 28 | | mobility needs of a person with a disability as defined by Section |
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| 29 | 29 | | 681.001; |
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| 30 | 30 | | (2) the operator attaches to the back of the vehicle on |
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| 31 | 31 | | top of an eight-foot-long pole a triangular orange flag; |
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| 32 | 32 | | (3) the vehicle's headlights and taillights are |
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| 33 | 33 | | illuminated; |
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| 34 | 34 | | (4) the operator holds a driver's license, as defined |
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| 35 | 35 | | by Section 521.001; |
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| 36 | 36 | | (5) the operation of the all-terrain vehicle occurs in |
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| 37 | 37 | | the daytime; |
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| 38 | 38 | | (6) the operation of the all-terrain vehicle does not |
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| 39 | 39 | | exceed a distance of 25 miles from the point of origin to the |
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| 40 | 40 | | destination; |
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| 41 | 41 | | (7) the all-terrain vehicle's speed does not exceed 25 |
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| 42 | 42 | | miles per hour; and |
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| 43 | 43 | | (8) the operation of an all-terrain vehicle on the |
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| 44 | 44 | | public street, road, or highway is not in violation of an ordinance |
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| 45 | 45 | | of the municipality. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2009. |
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