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