82R14429 AJZ-D By: Hunter H.B. No. 2790 Substitute the following for H.B. No. 2790: By: Phillips C.S.H.B. No. 2790 A BILL TO BE ENTITLED AN ACT relating to the operation of a golf cart or utility vehicle on a public highway in certain counties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Subchapter F, Chapter 551, Transportation Code, is amended to read as follows: SUBCHAPTER F. GOLF CARTS AND UTILITY VEHICLES SECTION 2. Section 551.401, Transportation Code, is amended to read as follows: Sec. 551.401. DEFINITIONS. In this subchapter: (1) "Golf [, "golf] cart" and "public highway" have the meanings assigned by Section 502.001. (2) "Utility vehicle" means a motor vehicle that is not a golf cart or lawn mower and is: (A) equipped with side-by-side seating for the use of the operator and a passenger; (B) designed to propel itself with at least four tires in contact with the ground; (C) designed by the manufacturer for off-highway use only; and (D) designed by the manufacturer primarily for utility work and not for recreational purposes. SECTION 3. The heading to Section 551.404, Transportation Code, is amended to read as follows: Sec. 551.404. OPERATION IN MUNICIPALITIES AND CERTAIN COUNTIES. SECTION 4. Section 551.404, Transportation Code, is amended by adding Subsection (a-1) and amending Subsection (b) to read as follows: (a-1) In addition to the operation authorized by Section 551.403, the commissioners court of a county that borders or contains a portion of the Guadalupe River and contains a part of a barrier island that borders the Gulf of Mexico may allow an operator to operate a golf cart or utility vehicle on all or part of a public highway that: (1) is located in the unincorporated area of the county; and (2) has a speed limit of not more than 35 miles per hour. (b) A golf cart or utility vehicle operated under this section [Subsection (a)] must have the following equipment: (1) headlamps; (2) taillamps; (3) reflectors; (4) parking brake; and (5) mirrors. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.