By: Murphy H.B. No. 3103
A BILL TO BE ENTITLED
AN ACT
relating to the operation of a golf cart or a commercial utility
vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Transportation Code, is amended to
read as follows:
Sec. 551.401. DEFINITIONS. In this subchapter:
(1) "Golf cart" and "public highway" have the meanings
assigned by Section 502.001.
(2) "Commercial 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 on or
off-highway use only; and
(D) designed by the manufacturer primarily for
utility commercial work and not for recreational purposes.
Sec. 551.402. REGISTRATION NOT AUTHORIZED FOR GOLF CARTS.
(a) The Texas Department of Motor Vehicles may not register a golf
cart for operation on a public highway regardless of whether any
alteration has been made to the golf cart.
(b) The Texas Department of Motor Vehicles may issue license
plates for a golf cart as authorized by Subsection (c).
(c) The Texas Department of Motor Vehicles shall by rule
establish a procedure to issue the license plates to be used for
operation in accordance with Sections 551.403 and 551.404.
(d) The Texas Department of Motor Vehicles may charge a fee
not to exceed $10 for the cost of the license plate.
Sec. 551.4021. REGISTRATION AUTHORIZED FOR COMMERCIAL
UTILITY VEHICLES. (a) The Texas Department of Motor Vehicles may
register a commercial utility vehicle for operation on a public
highway.
(b) The Texas Department of Motor Vehicles may issue license
plates for a commercial utility vehicle as authorized by Subsection
(c).
(c) The Texas Department of Motor Vehicles shall by rule
establish a procedure to issue the license plates to be used for
operation in accordance with Sections 551.403 and 551.404.
(d) The Texas Department of Motor Vehicles may charge a fee
not to exceed $25 for the cost of the license plate.
Sec. 551.403. LIMITED OPERATION OF A GOLF CART. (a) An
operator may operate a golf cart:
(1) in a master planned community:
(A) that has in place a uniform set of
restrictive covenants; and
(B) for which a county or municipality has
approved a plat;
(2) on a public or private beach; or
(3) on a public highway for which the posted speed
limit is not more than 35 miles per hour, if the golf cart is
operated:
(A) during the daytime; and
(B) not more than two miles from the location
where the golf cart is usually parked and for transportation to or
from a golf course.
(b) The Texas Department of Transportation or a county or
municipality may prohibit the operation of a golf cart on a public
highway if the department or the governing body of the county or
municipality determines that the prohibition is necessary in the
interest of safety.
Sec. 551.4031. LIMITED OPERATION OF A COMMERCIAL UTILITY
VEHICLE. An operator may operate a commercial utility vehicle:
(a) in a master planned community:
(1) that has in place a uniform set of restrictive
covenants; and
(2) for which a county or municipality has approved a
plat;
(b) on a public or private beach; or
(c) on a public highway or public roadway for which the
posted speed limit is not more than 35 miles per hour.
Sec. 551.404. OPERATION IN MUNICIPALITIES AND CERTAIN
COUNTIES. (a) In addition to the operation authorized by Sections
551.403 and 551.4031, the governing body of a municipality may
allow an operator to operate a golf cart or a commercial utility
vehicle on all or part of a public highway that:
(1) is in the corporate boundaries of the
municipality; and
(2) has a posted speed limit of not more than 35 miles
per hour.
(a-1) In addition to the operation authorized by Sections
551.403 and 551.4031, the commissioners court of a county described
by Subsection (a-2) may allow an operator to operate a golf cart or
commercial 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.
(a-2) Subsection (a-1) applies only to a county that:
(1) borders or contains a portion of the Red River;
(2) borders or contains a portion of the Guadalupe
River and contains a part of a barrier island that borders the Gulf
of Mexico; or
(3) is adjacent to a county described by Subdivision
(2) and:
(A) has a population of less than 30,000; and
(B) contains a part of a barrier island that
borders the Gulf of Mexico.
(b) A golf cart or commercial utility vehicle operated under
this section must have the following equipment:
(1) headlamps;
(2) taillamps;
(3) reflectors;
(4) parking brake; and
(5) mirrors.
Sec. 551.405. CROSSING CERTAIN ROADWAYS. A golf cart or a
commercial
utility vehicle may cross intersections, including a
road or street that has a posted speed limit of more than 35 miles
per hour.
SECTION 2. 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, 2015.