| 1 | 1 | | 82R14429 AJZ-D |
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| 2 | 2 | | By: Hunter H.B. No. 2790 |
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| 3 | 3 | | Substitute the following for H.B. No. 2790: |
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| 4 | 4 | | By: Phillips C.S.H.B. No. 2790 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the operation of a golf cart or utility vehicle on a |
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| 10 | 10 | | public highway in certain counties. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Subchapter F, Chapter 551, |
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| 13 | 13 | | Transportation Code, is amended to read as follows: |
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| 14 | 14 | | SUBCHAPTER F. GOLF CARTS AND UTILITY VEHICLES |
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| 15 | 15 | | SECTION 2. Section 551.401, Transportation Code, is amended |
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| 16 | 16 | | to read as follows: |
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| 17 | 17 | | Sec. 551.401. DEFINITIONS. In this subchapter: |
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| 18 | 18 | | (1) "Golf [, "golf] cart" and "public highway" have |
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| 19 | 19 | | the meanings assigned by Section 502.001. |
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| 20 | 20 | | (2) "Utility vehicle" means a motor vehicle that is |
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| 21 | 21 | | not a golf cart or lawn mower and is: |
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| 22 | 22 | | (A) equipped with side-by-side seating for the |
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| 23 | 23 | | use of the operator and a passenger; |
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| 24 | 24 | | (B) designed to propel itself with at least four |
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| 25 | 25 | | tires in contact with the ground; |
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| 26 | 26 | | (C) designed by the manufacturer for off-highway |
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| 27 | 27 | | use only; and |
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| 28 | 28 | | (D) designed by the manufacturer primarily for |
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| 29 | 29 | | utility work and not for recreational purposes. |
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| 30 | 30 | | SECTION 3. The heading to Section 551.404, Transportation |
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| 31 | 31 | | Code, is amended to read as follows: |
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| 32 | 32 | | Sec. 551.404. OPERATION IN MUNICIPALITIES AND CERTAIN |
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| 33 | 33 | | COUNTIES. |
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| 34 | 34 | | SECTION 4. Section 551.404, Transportation Code, is amended |
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| 35 | 35 | | by adding Subsection (a-1) and amending Subsection (b) to read as |
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| 36 | 36 | | follows: |
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| 37 | 37 | | (a-1) In addition to the operation authorized by Section |
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| 38 | 38 | | 551.403, the commissioners court of a county that borders or |
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| 39 | 39 | | contains a portion of the Guadalupe River and contains a part of a |
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| 40 | 40 | | barrier island that borders the Gulf of Mexico may allow an operator |
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| 41 | 41 | | to operate a golf cart or utility vehicle on all or part of a public |
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| 42 | 42 | | highway that: |
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| 43 | 43 | | (1) is located in the unincorporated area of the |
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| 44 | 44 | | county; and |
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| 45 | 45 | | (2) has a speed limit of not more than 35 miles per |
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| 46 | 46 | | hour. |
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| 47 | 47 | | (b) A golf cart or utility vehicle operated under this |
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| 48 | 48 | | section [Subsection (a)] must have the following equipment: |
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| 49 | 49 | | (1) headlamps; |
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| 50 | 50 | | (2) taillamps; |
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| 51 | 51 | | (3) reflectors; |
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| 52 | 52 | | (4) parking brake; and |
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| 53 | 53 | | (5) mirrors. |
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| 54 | 54 | | SECTION 5. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2011. |
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