Texas 2011 82nd Regular

Texas House Bill HB2790 Comm Sub / Bill

                    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.