Texas 2013 - 83rd Regular

Texas House Bill HB1044 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Eiland (Senate Sponsor - Williams) H.B. No. 1044
2	2	(In the Senate - Received from the House May 3, 2013;
3	3	May 6, 2013, read first time and referred to Committee on
4	4	Transportation; May 17, 2013, reported favorably by the following
5	5	vote: Yeas 8, Nays 0; May 17, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the operation of all-terrain vehicles and recreational
11	11	off-highway vehicles; creating an offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 63.002, Natural Resources Code, is
14	14	amended by amending Subdivision (4) and adding Subdivisions (4-a)
15	15	and (4-b) to read as follows:
16	16	(4) "Recreational vehicle" means a dune buggy, marsh
17	17	buggy, minibike, trail bike, jeep, all-terrain vehicle,
18	18	recreational off-highway vehicle, or any other mechanized vehicle
19	19	that is being used for recreational purposes, but does not include a
20	20	[any] vehicle that is not being used for recreational purposes.
21	21	(4-a) "All-terrain vehicle" has the meaning assigned
22	22	by Section 502.001, Transportation Code.
23	23	(4-b) "Recreational off-highway vehicle" has the
24	24	meaning assigned by Section 502.001, Transportation Code.
25	25	SECTION 2. Section 29.001, Parks and Wildlife Code, is
26	26	amended to read as follows:
27	27	Sec. 29.001. DEFINITION. In this chapter, "off-highway
28	28	vehicle" means:
29	29	(1) an all-terrain vehicle, as defined by Section
30	30	502.001 [663.001], Transportation Code;
31	31	(2) an off-highway motorcycle;
32	32	(3) a recreational off-highway vehicle, as defined by
33	33	Section 502.001, Transportation Code; and
34	34	(4) any other motorized vehicle used for off-highway
35	35	recreation on:
36	36	(A) public land over which the department has
37	37	authority or on land purchased or leased by the department; or
38	38	(B) land acquired or developed under a grant made
39	39	under Section 29.008 or any other grant program operated or
40	40	administered by the department.
41	41	SECTION 3. Sections 502.140(b) and (e), Transportation
42	42	Code, are amended to read as follows:
43	43	(b) The state, a county, or a municipality may register an
44	44	all-terrain vehicle or a recreational off-highway vehicle that is
45	45	owned by the state, county, or municipality for operation on a
46	46	public beach or highway to maintain public safety and welfare.
47	47	(e) An [Operation of an] all-terrain vehicle or
48	48	recreational off-highway vehicle that is owned by the state, a
49	49	county, or a municipality and operated in compliance with Section
50	50	663.037 does not require registration under Subsection (b).
51	51	SECTION 4. Section 663.001, Transportation Code, is amended
52	52	by amending Subdivision (1) and adding Subdivision (1-a) to read as
53	53	follows:
54	54	(1) "All-terrain vehicle" has the meaning assigned by
55	55	Section 502.001 [means a motor vehicle that is:
56	56	[(A) equipped with a saddle for the use of:
57	57	[(i) the rider; and
58	58	[(ii) a passenger, if the motor vehicle is
59	59	designed by the manufacturer to transport a passenger;
60	60	[(B) designed to propel itself with three or four
61	61	tires in contact with the ground;
62	62	[(C) designed by the manufacturer for
63	63	off-highway use by the operator only; and
64	64	[(D) not designed by the manufacturer for farming
65	65	or lawn care].
66	66	(1-a) "Beach" means a beach area, publicly or
67	67	privately owned, that borders the seaward shore of the Gulf of
68	68	Mexico.
69	69	SECTION 5. Section 663.002(a), Transportation Code, is
70	70	amended to read as follows:
71	71	(a) Except as provided by Sections [Section] 663.037 and
72	72	663.0371, Chapter 521 does not apply to the operation or ownership
73	73	of an all-terrain vehicle registered for off-highway operation.
74	74	SECTION 6. Section 663.031, Transportation Code, is amended
75	75	to read as follows:
76	76	Sec. 663.031. SAFETY CERTIFICATE REQUIRED. (a) A person
77	77	may not operate an all-terrain vehicle on public property or a beach
78	78	unless the person:
79	79	(1) holds a safety certificate issued under this
80	80	chapter or under the authority of another state;
81	81	(2) is taking a safety training course under the
82	82	direct supervision of a certified all-terrain vehicle safety
83	83	instructor; or
84	84	(3) is under the direct supervision of an adult who
85	85	holds a safety certificate issued under this chapter or under the
86	86	authority of another state.
87	87	(b) A person to whom a safety certificate required by
88	88	Subsection (a) has been issued shall:
89	89	(1) carry the certificate when the person operates an
90	90	all-terrain vehicle on public property or a beach; and
91	91	(2) display the certificate at the request of any law
92	92	enforcement officer.
93	93	SECTION 7. Sections 663.033(a), (b), and (c),
94	94	Transportation Code, are amended to read as follows:
95	95	(a) An all-terrain vehicle that is operated on public
96	96	property or a beach must be equipped with:
97	97	(1) a brake system maintained in good operating
98	98	condition;
99	99	(2) an adequate muffler system in good working
100	100	condition; and
101	101	(3) a United States Forest Service qualified spark
102	102	arrester.
103	103	(b) An all-terrain vehicle that is operated on public
104	104	property or a beach must display a lighted headlight and taillight:
105	105	(1) during the period from one-half hour after sunset
106	106	to one-half hour before sunrise; and
107	107	(2) at any time when visibility is reduced because of
108	108	insufficient light or atmospheric conditions.
109	109	(c) A person may not operate an all-terrain vehicle on
110	110	public property or a beach if:
111	111	(1) the vehicle has an exhaust system that has been
112	112	modified with a cutout, bypass, or similar device; or
113	113	(2) the spark arrester has been removed or modified,
114	114	unless the vehicle is being operated in a closed-course competition
115	115	event.
116	116	SECTION 8. Section 663.034, Transportation Code, is amended
117	117	to read as follows:
118	118	Sec. 663.034. SAFETY APPAREL REQUIRED. A person may not
119	119	operate, ride, or be carried on an all-terrain vehicle on public
120	120	property or a beach unless the person wears:
121	121	(1) a safety helmet that complies with United States
122	122	Department of Transportation standards; and
123	123	(2) eye protection.
124	124	SECTION 9. Section 663.035, Transportation Code, is amended
125	125	to read as follows:
126	126	Sec. 663.035. RECKLESS OR CARELESS OPERATION PROHIBITED. A
127	127	person may not operate an all-terrain vehicle on public property or
128	128	a beach in a careless or reckless manner that endangers, injures, or
129	129	damages any person or property.
130	130	SECTION 10. Section 663.036, Transportation Code, is
131	131	amended to read as follows:
132	132	Sec. 663.036. CARRYING PASSENGERS. A person may not carry a
133	133	passenger on an all-terrain vehicle operated on public property or
134	134	a beach unless the all-terrain vehicle is designed by the
135	135	manufacturer to transport a passenger.
136	136	SECTION 11. Subchapter C, Chapter 663, Transportation Code,
137	137	is amended by adding Section 663.0371 to read as follows:
138	138	Sec. 663.0371. OPERATION ON BEACH. (a) A person may not
139	139	operate an all-terrain vehicle on a beach except as provided by this
140	140	section.
141	141	(b) A person operating an all-terrain vehicle on a beach
142	142	must hold and have in the person's possession a driver's license
143	143	issued under Chapter 521 or a commercial driver's license issued
144	144	under Chapter 522.
145	145	(c) Except as provided by Chapters 61 and 63, Natural
146	146	Resources Code, an operator of an all-terrain vehicle may drive the
147	147	vehicle on a beach that is open to motor vehicle traffic.
148	148	(d) Except as provided by Chapters 61 and 63, Natural
149	149	Resources Code, a person who is authorized to operate an
150	150	all-terrain vehicle that is owned by the state, a county, or a
151	151	municipality may drive the all-terrain vehicle on any beach if the
152	152	vehicle is registered under Section 502.140(b).
153	153	(e) The Texas Department of Transportation or a county or
154	154	municipality may prohibit the operation of an all-terrain vehicle
155	155	on a beach if the department or the governing body of the county or
156	156	municipality determines that the prohibition is necessary in the
157	157	interest of safety.
158	158	SECTION 12. Section 502.140(c), Transportation Code, is
159	159	repealed.
160	160	SECTION 13. This Act takes effect September 1, 2013.
161	161	* * * * *