Texas 2009 - 81st Regular

Texas Senate Bill SB2018 Compare Versions

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1	1	By: Watson S.B. No. 2018
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to golf carts.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 547.001, Transportation Code, is amended
9	9	by adding Subsection (2-a) to read as follows:
10	10	(2-a) "Golf cart" has the meaning assigned by Section
11	11	502.001.
12	12	SECTION 2. Section 547.002, Transportation Code, is amended
13	13	to read as follows:
14	14	Sec. 547.002. APPLICABILITY. Unless a provision is
15	15	specifically made applicable, this chapter and the rules of the
16	16	department adopted under this chapter do not apply to:
17	17	(1) an implement of husbandry;
18	18	(2) road machinery;
19	19	(3) a road roller;
20	20	(4) a farm tractor;
21	21	(5) a bicycle, a bicyclist, or bicycle equipment;
22	22	(6) an electric bicycle, an electric bicyclist, or
23	23	electric bicycle equipment; or
24	24	(7) a golf cart that is operated only as authorized by
25	25	[not required to be registered under] Section 551.403 [502.284].
26	26	SECTION 3. Subsection (d), Section 547.703, Transportation
27	27	Code, is amended to read as follows:
28	28	(d) A golf cart that is operated at a speed of not more than
29	29	25 miles per hour [as defined by Section 502.001] is required to
30	30	display a slow-moving-vehicle emblem [only] when it is operated on
31	31	a public highway, as defined by Section 502.001, under Section
32	32	551.403 or 551.404 [an arterial street].
33	33	SECTION 4. Chapter 551, Transportation Code, is amended by
34	34	adding Subchapter F to read as follows:
35	35	SUBCHAPTER F. GOLF CARTS
36	36	Sec. 551.401. DEFINITIONS. In this subchapter, "golf cart"
37	37	and "public highway" have the meanings assigned by Section 502.001.
38	38	Sec. 551.402. REGISTRATION NOT AUTHORIZED. (a) The Texas
39	39	Department of Transportation may not register a golf cart for
40	40	operation on a public highway regardless of whether any alteration
41	41	has been made to the golf cart.
42	42	(b) The department may issue license plates for a golf cart
43	43	only as authorized by Section 504.510.
44	44	Sec. 551.403. LIMITED OPERATION. (a) An operator may
45	45	operate a golf cart:
46	46	(1) in a master planned community:
47	47	(A) that has in place a uniform set of
48	48	restrictive covenants; and
49	49	(B) for which a county or municipality has
50	50	approved a plat;
51	51	(2) on a public or private beach; or
52	52	(3) on a public highway for which the posted speed
53	53	limit is not more than 35 miles per hour, if the golf cart is
54	54	operated:
55	55	(A) during the daytime; and
56	56	(B) not more than two miles from the location
57	57	where the golf cart is usually parked and for transportation to or
58	58	from a golf course.
59	59	(b) The Texas Department of Transportation or a county or
60	60	municipality may prohibit the operation of a golf cart on a public
61	61	highway if the department or the governing body of the county or
62	62	municipality determines that the prohibition is necessary in the
63	63	interest of safety.
64	64	Sec. 551.404. OPERATION IN MUNICIPALITIES. (a) In
65	65	addition to the operation authorized by Section 551.403, the
66	66	governing body of a municipality may allow an operator to operate a
67	67	golf cart on all or part of a public highway that:
68	68	(1) is in the corporate boundaries of the
69	69	municipality; and
70	70	(2) has a posted speed limit of not more than 35 miles
71	71	per hour.
72	72	(b) A golf cart operated under Subsection (a) must have the
73	73	following equipment:
74	74	(1) headlamps;
75	75	(2) taillamps;
76	76	(3) reflectors;
77	77	(4) parking brake; and
78	78	(5) mirrors.
79	79	Sec. 551.405. CROSSING CERTAIN ROADWAYS. An operator of a
80	80	golf cart may cross a public highway if the posted speed limit of
81	81	the public highway is not more than 35 miles per hour.
82	82	SECTION 5. Subsection (a), Section 601.052, Transportation
83	83	Code, is amended to read as follows:
84	84	(a) Section 601.051 does not apply to:
85	85	(1) the operation of a motor vehicle that:
86	86	(A) is a former military vehicle or is at least 25
87	87	years old;
88	88	(B) is used only for exhibitions, club
89	89	activities, parades, and other functions of public interest and not
90	90	for regular transportation; and
91	91	(C) for which the owner files with the department
92	92	an affidavit, signed by the owner, stating that the vehicle is a
93	93	collector's item and used only as described by Paragraph (B);
94	94	(2) the operation of a golf cart that is operated only
95	95	as authorized by [not required to be registered under] Section
96	96	551.403 [502.284]; or
97	97	(3) a volunteer fire department for the operation of a
98	98	motor vehicle the title of which is held in the name of a volunteer
99	99	fire department.
100	100	SECTION 6. The following sections of the Transportation
101	101	Code are repealed:
102	102	(1) Section 502.0071; and
103	103	(2) Subsection (e), Section 547.703.
104	104	SECTION 7. This Act takes effect immediately if it receives
105	105	a vote of two-thirds of all the members elected to each house, as
106	106	provided by Section 39, Article III, Texas Constitution. If this
107	107	Act does not receive the vote necessary for immediate effect, this
108	108	Act takes effect September 1, 2009.