83R6523 JRR-D
By: Capriglione H.B. No. 2386
A BILL TO BE ENTITLED
AN ACT
relating to the operation of all-terrain vehicles on public
highways; providing a penalty; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.001(1), Transportation Code, is
amended to read as follows:
(1) "All-terrain vehicle" means a motor vehicle that
is:
(A) equipped with a saddle for the use of:
(i) the rider; and
(ii) a passenger, if the motor vehicle is
designed by the manufacturer to transport a passenger;
(B) designed to propel itself with three or more
tires in contact with the ground;
(C) designed by the manufacturer for off-highway
use or retrofitted for on- or off-highway use; and
(D) not designed by the manufacturer primarily
for farming or lawn care.
SECTION 2. Section 502.040, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) A provision of this subchapter applicable to a
motorcycle also applies to an all-terrain vehicle operated on a
public street, road, or highway as authorized by Section
663.037(d-2).
SECTION 3. Section 502.059(f), Transportation Code, is
amended to read as follows:
(f) The registration insignia shall be attached to the rear
license plate of the vehicle, if the vehicle is:
(1) a motorcycle;
(2) machinery used exclusively to drill water wells or
construction machinery for which a distinguishing license plate has
been issued under Section 502.146; [or]
(3) oil well servicing, oil clean out, or oil well
drilling machinery or equipment for which a distinguishing license
plate has been issued under Subchapter G, Chapter 623; or
(4) an all-terrain vehicle.
SECTION 4. Section 502.140(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Section 502.040 and Subsection
(b), a person may not register an all-terrain vehicle or a
recreational off-highway vehicle, with or without design
alterations, for operation on a public highway.
SECTION 5. Section 502.251, Transportation Code, is amended
to read as follows:
Sec. 502.251. FEE: MOTORCYCLE, [OR] MOPED, OR ALL-TERRAIN
VEHICLE. The fee for a registration year for registration of a
motorcycle, [or] moped, or all-terrain vehicle registered under
Section 502.040 is $30.
SECTION 6. Section 521.084, Transportation Code, is amended
to read as follows:
Sec. 521.084. CLASS M LICENSE. A Class M driver's license
authorizes the holder of the license to operate an all-terrain
vehicle registered under Section 502.040, a motorcycle, or a moped.
SECTION 7. Section 521.085(a), Transportation Code, is
amended to read as follows:
(a) Unless prohibited by Chapter 522, and except as provided
by Subsection (b), the license holder may operate any vehicle of the
type for which that class of license is issued and any lesser type
of vehicle other than an all-terrain vehicle registered under
Section 502.040, a motorcycle, or a moped.
SECTION 8. Section 521.122(b), Transportation Code, is
amended to read as follows:
(b) The department may include on the driver's license an
authorization to operate an all-terrain vehicle registered under
Section 502.040, a motorcycle, or a moped if the license holder has
met all requirements for a Class M license.
SECTION 9. Subchapter K, Chapter 521, Transportation Code,
is amended by adding Section 521.226 to read as follows:
Sec. 521.226. ALL-TERRAIN VEHICLE LICENSE. (a) A person
may not operate an all-terrain vehicle registered under Section
502.040 on a highway in this state unless the person holds a
driver's license. An applicant for an all-terrain vehicle license
must be 16 years of age or older.
(b) The department shall administer to an applicant for an
all-terrain vehicle license a written examination relating to the
traffic laws applicable to the operation of the vehicle. A test
involving the operation of the vehicle is not required.
(c) An applicable provision of this chapter relating to a
restricted Class M license applies also to an all-terrain vehicle
license, including a provision relating to the application,
issuance, duration, suspension, cancellation, or revocation of
that license.
(d) The department shall certify whether a vehicle alleged
to be an all-terrain vehicle is an all-terrain vehicle. The
department shall:
(1) by rule establish the procedure for determining
whether a vehicle is an all-terrain vehicle;
(2) compile a list of all-terrain vehicles certified
by the department; and
(3) make the list available to the public on request.
SECTION 10. Sections 521.421(b) and (e), Transportation
Code, are amended to read as follows:
(b) The fee for renewal of a Class M license or for renewal
of a license that includes authorization to operate a motorcycle or
an all-terrain vehicle is $32.
(e) An applicant who changes from a lower to a higher class
of license or who adds a type of vehicle other than a motorcycle or
an all-terrain vehicle to the license shall pay a $10 fee for the
required examination.
SECTION 11. Section 521.421(f), Transportation Code, as
added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature,
Regular Session, 1997, is amended to read as follows:
(f) An applicant applying for additional authorization to
operate a motorcycle or an all-terrain vehicle shall pay a $15 fee
for the required application.
SECTION 12. Section 521.421(f), Transportation Code, as
added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature,
Regular Session, 1997, is redesignated as Subsection (f-1) and
amended to read as follows:
(f-1) [(f)] If a Class A, B, or C driver's license includes
an authorization to operate a motorcycle, a [or] moped, or an
all-terrain vehicle, the fee for the driver's license is increased
by $8.
SECTION 13. Sections 522.029(d) and (g), Transportation
Code, are amended to read as follows:
(d) An applicant who is changing a class of license,
endorsement, or restriction or who is adding a class of vehicle
other than a motorcycle or an all-terrain vehicle to the license
must pay a fee of $10 for the examination, except for a renewal or
original issuance of a commercial driver's license.
(g) An applicant who is applying for additional
authorization to operate a motorcycle or an all-terrain vehicle
shall pay a fee of $15 for the examination.
SECTION 14. Section 522.029(f), Transportation Code, as
added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature,
Regular Session, 1997, is amended to read as follows:
(f) The fee for renewal of a commercial driver's license or
a commercial driver learner's permit that includes authorization to
operate a motorcycle or an all-terrain vehicle is $45.
SECTION 15. Section 522.029(f), Transportation Code, as
added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature,
Regular Session, 1997, is redesignated as Subsection (f-1) and
amended to read as follows:
(f-1) [(f)] If a commercial driver's license or commercial
driver learner's permit includes an authorization to operate a
motorcycle, a [or] moped, or an all-terrain vehicle, the fee for the
driver's license or permit is increased by $8.
SECTION 16. Section 522.041(e), Transportation Code, is
amended to read as follows:
(e) The holder of a commercial driver's license may drive
any vehicle in the class for which the license is issued and lesser
classes of vehicles except an all-terrain vehicle registered under
Section 502.040, a motorcycle, or a moped. The holder may drive an
all-terrain vehicle registered under Section 502.040 or a
motorcycle only if authorization to drive a motorcycle or an
all-terrain vehicle is shown on the commercial driver's license and
the requirements for issuance of a motorcycle or all-terrain
vehicle license have been met.
SECTION 17. Section 541.201(12), Transportation Code, is
amended to read as follows:
(12) "Passenger car" means a motor vehicle, other than
a motorcycle or an all-terrain vehicle, used to transport persons
and designed to accommodate 10 or fewer passengers, including the
operator.
SECTION 18. Sections 545.424(b) and (b-1), Transportation
Code, are amended to read as follows:
(b) A person under 17 years of age who holds a restricted
motorcycle license, [or] moped license, or all-terrain vehicle
license may not operate a motorcycle, [or] moped, or all-terrain
vehicle while using a wireless communications device, except in
case of emergency.
(b-1) A person under 17 years of age who holds a restricted
motorcycle license, [or] moped license, or all-terrain vehicle
license during the 12-month period following the issuance of an
original motorcycle license, [or] moped license, or all-terrain
vehicle license to the person, may not operate a motorcycle, [or]
moped, or all-terrain vehicle after midnight and before 5 a.m.
unless:
(1) the person is in sight of the person's parent or
guardian; or
(2) the operation of the vehicle is necessary for the
operator to attend or participate in employment or a school-related
activity or because of a medical emergency.
SECTION 19. Sections 547.333(a) and (d), Transportation
Code, are amended to read as follows:
(a) Unless provided otherwise, a headlamp, auxiliary
driving lamp, auxiliary passing lamp, or combination of those lamps
mounted on a motor vehicle, other than a motorcycle, a [or]
motor-driven cycle, or an all-terrain vehicle:
(1) shall be arranged so that the operator can select
at will between distributions of light projected at different
elevations; and
(2) may be arranged so that the operator can select the
distribution automatically.
(d) A motor vehicle of a model year of 1948 or later, other
than a motorcycle, a [or] motor-driven cycle, or an all-terrain
vehicle, that has multiple-beam lighting equipment shall be
equipped with a beam indicator that is:
(1) designed and located so that the lighted indicator
is visible without glare to the vehicle operator; and
(2) lighted only when the uppermost distribution of
light is in use.
SECTION 20. Section 547.404(a), Transportation Code, is
amended to read as follows:
(a) A vehicle required to have brakes by this subchapter,
other than a motorcycle, a [or] motor-driven cycle, or an
all-terrain vehicle, shall be equipped with parking brakes adequate
to hold the vehicle:
(1) on any grade on which the vehicle is operated;
(2) under all loading conditions; and
(3) on a surface free from snow, ice, or loose
material.
SECTION 21. Section 547.408(a), Transportation Code, is
amended to read as follows:
(a) A motor vehicle or combination of vehicles shall be
equipped with service brakes capable of:
(1) developing a braking force that is not less than:
(A) 52.8 percent of the gross weight of the
vehicle for a passenger vehicle; or
(B) 43.5 percent of the gross weight of the
vehicle for a vehicle other than a passenger vehicle;
(2) decelerating to a stop from 20 miles per hour or
less at not less than:
(A) 17 feet per second per second for a passenger
vehicle; or
(B) 14 feet per second per second for other
vehicles; and
(3) stopping from a speed of 20 miles per hour in a
distance, measured from the location where the service brake pedal
or control is activated, of not more than:
(A) 25 feet for a passenger vehicle;
(B) 30 feet for an all-terrain vehicle registered
under Section 502.040, a motorcycle, a motor-driven cycle, or a
single unit vehicle with a manufacturer's gross vehicle weight
rating of 10,000 pounds or less;
(C) 40 feet for:
(i) a single unit vehicle with a
manufacturer's gross weight rating of more than 10,000 pounds;
(ii) a two-axle towing vehicle and trailer
combination with a weight of 3,000 pounds or less;
(iii) a bus that does not have a
manufacturer's gross weight rating; and
(iv) the combination of vehicles in an
operation exempted by Section 547.407(b); and
(D) 50 feet for other vehicles.
SECTION 22. The heading to Subchapter M, Chapter 547,
Transportation Code, is amended to read as follows:
SUBCHAPTER M. ADDITIONAL OR ALTERNATIVE EQUIPMENT REQUIREMENTS FOR
MOTORCYCLES, [AND] MOTOR-DRIVEN CYCLES, AND ALL-TERRAIN VEHICLES
SECTION 23. Sections 547.801(a), (b), and (d),
Transportation Code, are amended to read as follows:
(a) A motorcycle, including a motor-driven cycle, or an
all-terrain vehicle registered under Section 502.040 shall be
equipped with:
(1) not more than two headlamps mounted at a height
from 24 to 54 inches;
(2) at least one taillamp mounted at a height from 20
to 72 inches;
(3) a taillamp or separate lamp to illuminate the rear
license plate that complies with the requirements of Sections
547.322(f) and (g);
(4) at least one stoplamp that complies with the
requirements of Section 547.323(d); and
(5) at least one rear red reflector that complies with
the requirements of Section 547.325(b) and may be included as a part
of the taillamp.
(b) A motorcycle, other than a motor-driven cycle, or an
all-terrain vehicle registered under Section 502.040 shall be
equipped with multiple-beam lighting equipment that produces:
(1) an uppermost distribution of light that reveals a
person or vehicle at a distance of at least 300 feet ahead; and
(2) a lowermost distribution of light that:
(A) reveals a person or vehicle at a distance of
at least 150 feet ahead; and
(B) is aimed so that no part of the
high-intensity portion of the beam on the motorcycle or all-terrain
vehicle that is on a straight and level road under any condition of
loading projects into the eyes of an approaching vehicle operator.
(d) A motorcycle or an all-terrain vehicle may not be
operated at any time unless at least one headlamp on the vehicle
[motorcycle] is illuminated. This subsection does not apply to a
motorcycle or an all-terrain vehicle manufactured before the model
year 1975.
SECTION 24. Section 547.802(a), Transportation Code, is
amended to read as follows:
(a) If a motorcycle, including a motor-driven cycle, or an
all-terrain vehicle registered under Section 502.040 complies with
the performance requirements of Section 547.408, brakes are not
required on the wheel of a sidecar attached to the vehicle [cycle].
SECTION 25. Section 548.051, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) An all-terrain vehicle registered under Section 502.040
is subject to inspection in the same manner as a motorcycle.
SECTION 26. Section 548.104(e), Transportation Code, is
amended to read as follows:
(e) The department shall adopt rules relating to inspection
of and issuance of an inspection certificate for a moped or an
all-terrain vehicle.
SECTION 27. Section 548.255(b), Transportation Code, is
amended to read as follows:
(b) The department shall:
(1) require that a certificate for an all-terrain
vehicle registered under Section 502.040 or a motorcycle be
attached to the rear of the vehicle [motorcycle] near the license
plate; and
(2) adopt rules with respect to display of an
inspection certificate for a moped.
SECTION 28. Section 621.001(1), Transportation Code, is
amended to read as follows:
(1) "Commercial motor vehicle" means a motor vehicle,
other than a motorcycle or an all-terrain vehicle, designed or used
for:
(A) the transportation of property; or
(B) delivery purposes.
SECTION 29. Section 642.001(1), Transportation Code, is
amended to read as follows:
(1) "Motor vehicle" means a motor vehicle, other than
a motorcycle or an all-terrain vehicle, that is designed or used
primarily for the transportation of persons or property.
SECTION 30. Section 663.001(1), Transportation Code, is
amended to read as follows:
(1) "All-terrain vehicle" means a motor vehicle that
is:
(A) equipped with a saddle for the use of:
(i) the rider; and
(ii) a passenger, if the motor vehicle is
designed by the manufacturer to transport a passenger;
(B) designed to propel itself with three or four
tires in contact with the ground;
(C) designed by the manufacturer for off-highway
use or retrofitted for on- or off-highway use [by the operator
only]; and
(D) not designed by the manufacturer for farming
or lawn care.
SECTION 31. Section 663.002(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Section 663.037, Chapter 521 does
not apply to the operation or ownership of an all-terrain vehicle
that is not registered under Section 502.040 [registered for
off-highway operation].
SECTION 32. The heading to Section 663.037, Transportation
Code, is amended to read as follows:
Sec. 663.037. OPERATION ON PUBLIC ROADWAY [PROHIBITED].
SECTION 33. Section 663.037, Transportation Code, is
amended by adding Subsection (d-2) to read as follows:
(d-2) This subsection does not apply to a recreational
off-highway vehicle. The operator of an all-terrain vehicle
registered under Section 502.040 may drive the vehicle on a public
street, road, or highway that is not an interstate or
limited-access highway, if:
(1) the public street, road, or highway is located in a
county with a population of less than 500,000;
(2) the operator does not exceed the lesser of:
(A) the posted speed limit; or
(B) 45 miles per hour; and
(3) the vehicle is operated in the nearest lane to the
right of the street, road, or highway, if the posted speed limit is
more than 45 miles per hour.
SECTION 34. (a) Not later than January 1, 2014, the
Department of Motor Vehicles shall adopt rules necessary to
implement the changes in law made by this Act.
(b) The changes in law made by this Act apply only to an
application for an original or renewal driver's license made on or
after September 1, 2013.
SECTION 35. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2013.
(b) Chapter 633, Transportation Code, as amended by this
Act, takes effect February 1, 2014.