81R18235 MTB-F
By: Hilderbran H.B. No. 2553
Substitute the following for H.B. No. 2553:
By: King of Zavala C.S.H.B. No. 2553
A BILL TO BE ENTITLED
AN ACT
relating to the registration and operation of certain off-highway
vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.001, Parks and Wildlife Code, is
amended to read as follows:
Sec. 29.001. DEFINITION. In this chapter, "off-highway
vehicle" means:
(1) an all-terrain vehicle, as defined by Section
663.001, Transportation Code;
(2) an off-highway motorcycle; [and]
(3) a recreational off-highway vehicle, as defined by
Section 502.001, Transportation Code; and
(4) any other motorized vehicle used for off-highway
recreation on:
(A) public land over which the department has
authority or on land purchased or leased by the department; or
(B) land acquired or developed under a grant made
under Section 29.008 or any other grant program operated or
administered by the department.
SECTION 2. Section 501.002(14), Transportation Code, is
amended to read as follows:
(14) "Motor vehicle" means:
(A) any motor driven or propelled vehicle
required to be registered under the laws of this state;
(B) a trailer or semitrailer, other than
manufactured housing, that has a gross vehicle weight that exceeds
4,000 pounds;
(C) a house trailer;
(D) an all-terrain vehicle or a recreational
off-highway vehicle, as those terms are defined by Section 502.001,
designed by the manufacturer for off-highway use that is not
required to be registered under the laws of this state; or
(E) a motorcycle, motor-driven cycle, or moped
that is not required to be registered under the laws of this state,
other than a motorcycle, motor-driven cycle, or moped designed for
and used exclusively on a golf course.
SECTION 3. Section 502.001, Transportation Code, is amended
by amending Subdivision (1) and adding Subdivision (19-a) to read
as follows:
(1) "All-terrain vehicle" means a motor vehicle that
is:
(A) equipped with a saddle[, bench, or bucket
seats] for the use of:
(i) the rider; and
(ii) a passenger, if the motor vehicle is
designed by the manufacturer to transport a passenger;
(B) designed to propel itself with three or more
tires in contact with the ground;
(C) designed by the manufacturer for off-highway
use; and
(D) not designed by the manufacturer primarily
for farming or lawn care.
(19-a) "Recreational off-highway vehicle" means a motor
vehicle that is:
(A) equipped with a non-straddle seat for the use
of:
(i) the rider; and
(ii) a passenger, if the vehicle is
designed by the manufacturer to transport a passenger;
(B) designed to propel itself with four or more
tires in contact with the ground;
(C) designed by the manufacturer for off-highway
use by the operator only; and
(D) not designed by the manufacturer primarily
for farming or lawn care.
SECTION 4. Section 502.006, Transportation Code, is amended
to read as follows:
Sec. 502.006. CERTAIN OFF-HIGHWAY [ALL-TERRAIN] VEHICLES.
(a) Except as provided by Subsection (b), a person may not register
an all-terrain vehicle or a recreational off-highway vehicle, with
or without design alterations, for operation on a public highway.
(b) The state, a county, or a municipality may register an
all-terrain vehicle or a recreational off-highway vehicle for
operation on a public beach or highway to maintain public safety and
welfare.
(c) [(e)] Section 502.172 does not apply to an all-terrain
vehicle or a recreational off-highway vehicle.
SECTION 5. The heading to Subtitle G, Title 7,
Transportation Code, is amended to read as follows:
SUBTITLE G. MOTORCYCLES AND OFF-HIGHWAY [ALL-TERRAIN] VEHICLES
SECTION 6. The heading to Chapter 663, Transportation Code,
is amended to read as follows:
CHAPTER 663. CERTAIN OFF-HIGHWAY [ALL-TERRAIN] VEHICLES
SECTION 7. Section 663.001, Transportation Code, is amended
by adding Subdivision (3) to read as follows:
(3) "Recreational off-highway vehicle" has the
meaning assigned by Section 502.001.
SECTION 8. Subchapter A, Chapter 663, Transportation Code,
is amended by adding Section 663.003 to read as follows:
Sec. 663.003. RECREATIONAL OFF-HIGHWAY VEHICLES. This
chapter applies to the operator and operation of a recreational
off-highway vehicle in the same manner as if the recreational
off-highway vehicle were an all-terrain vehicle.
SECTION 9. This Act takes effect September 1, 2009.