Texas 2017 - 85th Regular

Texas House Bill HB1956 Compare Versions

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1		-	By: Springer (Senate Sponsor - Nichols) H.B. No. 1956
2		-	(In the Senate - Received from the House May 1, 2017;
3		-	May 5, 2017, read first time and referred to Committee on
4		-	Transportation; May 22, 2017, reported favorably by the following
5		-	vote: Yeas 7, Nays 0; May 22, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1956
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the operation of certain off-highway vehicles.
12	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	7		SECTION 1. The heading to Subchapter F, Chapter 551,
14	8		Transportation Code, is amended to read as follows:
15	9		SUBCHAPTER F. GOLF CARTS [AND UTILITY VEHICLES]
16	10		SECTION 2. Sections 551.404(a-1) and (b), Transportation
17	11		Code, are amended to read as follows:
18	12		(a-1) In addition to the operation authorized by Section
19	13		551.403, the commissioners court of a county described by
20	14		Subsection (a-2) may allow an operator to operate a golf cart [or
21	15		utility vehicle] on all or part of a public highway that:
22	16		(1) is located in the unincorporated area of the
23	17		county; and
24	18		(2) has a speed limit of not more than 35 miles per
25	19		hour.
26	20		(b) A golf cart [or utility vehicle] operated under this
27	21		section must have the following equipment:
28	22		(1) headlamps;
29	23		(2) taillamps;
30	24		(3) reflectors;
31	25		(4) parking brake; and
32	26		(5) mirrors.
33	27		SECTION 3. Section 663.001(3), Transportation Code, is
34	28		redesignated as Section 663.001(1-b), Transportation Code, and
35	29		amended to read as follows:
36	30		(1-b) [(3)] "Off-highway [Recreational off-highway]
37	31		vehicle" means:
38	32		(A) an all-terrain vehicle or recreational
39	33		off-highway vehicle, as those terms are defined [has the meaning
40	34		assigned] by Section 502.001; or
41	35		(B) a utility vehicle.
42	36		SECTION 4. Section 663.001, Transportation Code, is amended
43	37		by adding Subdivision (4) to read as follows:
44	38		(4) "Utility vehicle" means a motor vehicle that is
45	39		not a golf cart, as defined by Section 502.001, or lawn mower and
46	40		is:
47	41		(A) equipped with side-by-side seating for the
48	42		use of the operator and a passenger;
49	43		(B) designed to propel itself with at least four
50	44		tires in contact with the ground;
51	45		(C) designed by the manufacturer for off-highway
52	46		use only; and
53	47		(D) designed by the manufacturer primarily for
54	48		utility work and not for recreational purposes.
55	49		SECTION 5. Section 663.002, Transportation Code, is amended
56	50		to read as follows:
57	51		Sec. 663.002. NONAPPLICABILITY OF CERTAIN OTHER LAWS. (a)
58	52		Except as provided by Sections 663.037 and 663.0371, Chapter 521
59	53		does not apply to the operation or ownership of an off-highway
60	54		[all-terrain] vehicle registered for off-highway operation.
61	55		(b) Chapter 1001, Education Code [332, Acts of the 60th
62	56		Legislature, Regular Session, 1967 (Article 4413(29c), Vernon's
63	57		Texas Civil Statutes)], does not apply to instruction in the
64	58		operation of an off-highway [all-terrain] vehicle provided under
65	59		the operator education and certification program established by
66	60		this chapter.
67	61		SECTION 6. The heading to Subchapter B, Chapter 663,
68	62		Transportation Code, is amended to read as follows:
69	63		SUBCHAPTER B. OFF-HIGHWAY [ALL-TERRAIN] VEHICLE OPERATOR
70	64		EDUCATION AND CERTIFICATION
71	65		SECTION 7. Section 663.011, Transportation Code, is amended
72	66		to read as follows:
73	67		Sec. 663.011. DESIGNATED DIVISION OR STATE AGENCY. The
74	68		governor shall designate a division of the governor's office or a
75	69		state agency to establish and administer an off-highway
76	70		[all-terrain] vehicle operator education and certification
77	71		program.
78	72		SECTION 8. Section 663.012, Transportation Code, is amended
79	73		to read as follows:
80	74		Sec. 663.012. PURPOSE OF PROGRAM. The purpose of the
81	75		off-highway [all-terrain] vehicle operator education and
82	76		certification program is to make available courses in basic
83	77		training and safety skills relating to the operation of off-highway
84	78		[all-terrain] vehicles and to issue safety certificates to
85	79		operators who successfully complete the educational program
86	80		requirements or pass a test established under the program.
87	81		SECTION 9. Section 663.013, Transportation Code, is amended
88	82		to read as follows:
89	83		Sec. 663.013. OFF-HIGHWAY [ALL-TERRAIN] VEHICLE SAFETY
90	84		COORDINATOR. (a) The designated division or state agency shall
91	85		employ an off-highway [all-terrain] vehicle safety coordinator.
92	86		(b) The coordinator shall supervise the off-highway
93	87		[all-terrain] vehicle operator education and certification program
94	88		and shall determine:
95	89		(1) locations at which courses will be offered;
96	90		(2) fees for the courses;
97	91		(3) qualifications of instructors;
98	92		(4) course curriculum; and
99	93		(5) standards for operator safety certification.
100	94		(c) In establishing standards for instructors, curriculum,
101	95		and operator certification, the coordinator shall consult and be
102	96		guided by standards established by recognized off-highway
103	97		[all-terrain] vehicle safety organizations.
104	98		SECTION 10. Section 663.014, Transportation Code, is
105	99		amended to read as follows:
106	100		Sec. 663.014. CONTRACTS. To administer the education
107	101		program and certify off-highway [all-terrain] vehicle operators,
108	102		the designated division or state agency may contract with nonprofit
109	103		safety organizations, nonprofit educational organizations, or
110	104		agencies of local governments.
111	105		SECTION 11. Section 663.015, Transportation Code, is
112	106		amended to read as follows:
113	107		Sec. 663.015. TEACHING AND TESTING METHODS. (a) If the
114	108		off-highway [all-terrain] vehicle safety coordinator determines
115	109		that vehicle operation is not feasible in a program component or at
116	110		a particular program location, the operator education and
117	111		certification program for persons who are at least 14 years of age
118	112		may use teaching or testing methods that do not involve the actual
119	113		operation of an off-highway [all-terrain] vehicle.
120	114		(b) An operator safety certificate may not be issued to a
121	115		person younger than 14 years of age unless the person has
122	116		successfully completed a training course that involves the actual
123	117		operation of an off-highway [all-terrain] vehicle.
124	118		SECTION 12. Section 663.016, Transportation Code, is
125	119		amended to read as follows:
126	120		Sec. 663.016. FEE FOR COURSE. A person may charge, for a
127	121		course under the off-highway [all-terrain] vehicle operator
128	122		education and certification program, a fee that is reasonably
129	123		related to the costs of administering the course.
130	124		SECTION 13. The heading to Subchapter C, Chapter 663,
131	125		Transportation Code, is amended to read as follows:
132	126		SUBCHAPTER C. OPERATION OF OFF-HIGHWAY [ALL-TERRAIN] VEHICLES
133	127		SECTION 14. Section 663.031, Transportation Code, is
134	128		amended to read as follows:
135	129		Sec. 663.031. SAFETY CERTIFICATE REQUIRED. (a) A person
136	130		may not operate an off-highway [all-terrain] vehicle on public
137	131		property or a beach unless the person:
138	132		(1) holds a safety certificate issued under this
139	133		chapter or under the authority of another state;
140	134		(2) is taking a safety training course under the
141	135		direct supervision of a certified off-highway [all-terrain]
142	136		vehicle safety instructor; or
143	137		(3) is under the direct supervision of an adult who
144	138		holds a safety certificate issued under this chapter or under the
145	139		authority of another state.
146	140		(b) A person to whom a safety certificate required by
147	141		Subsection (a) has been issued shall:
148	142		(1) carry the certificate when the person operates an
149	143		off-highway [all-terrain] vehicle on public property or a beach;
150	144		and
151	145		(2) display the certificate at the request of any law
152	146		enforcement officer.
153	147		SECTION 15. Section 663.032, Transportation Code, is
154	148		amended to read as follows:
155	149		Sec. 663.032. OPERATION BY PERSON YOUNGER THAN 14. A person
156	150		younger than 14 years of age who is operating an off-highway
157	151		[all-terrain] vehicle must be accompanied by and be under the
158	152		direct supervision of:
159	153		(1) the person's parent or guardian; or
160	154		(2) an adult who is authorized by the person's parent
161	155		or guardian.
162	156		SECTION 16. Section 663.033, Transportation Code, is
163	157		amended to read as follows:
164	158		Sec. 663.033. REQUIRED EQUIPMENT; DISPLAY OF LIGHTS. (a)
165	159		An off-highway [all-terrain] vehicle that is operated on public
166	160		property or a beach must be equipped with:
167	161		(1) a brake system maintained in good operating
168	162		condition;
169	163		(2) an adequate muffler system in good working
170	164		condition; and
171	165		(3) a United States Forest Service qualified spark
172	166		arrester.
173	167		(b) An off-highway [all-terrain] vehicle that is operated
174	168		on public property or a beach must display a lighted headlight and
175	169		taillight:
176	170		(1) during the period from one-half hour after sunset
177	171		to one-half hour before sunrise; and
178	172		(2) at any time when visibility is reduced because of
179	173		insufficient light or atmospheric conditions.
180	174		(c) A person may not operate an off-highway [all-terrain]
181	175		vehicle on public property or a beach if:
182	176		(1) the vehicle has an exhaust system that has been
183	177		modified with a cutout, bypass, or similar device; or
184	178		(2) the spark arrester has been removed or modified,
185	179		unless the vehicle is being operated in a closed-course competition
186	180		event.
187	181		(d) The coordinator may exempt off-highway [all-terrain]
188	182		vehicles that are participating in certain competitive events from
189	183		the requirements of this section.
190	184		SECTION 17. Section 663.034, Transportation Code, is
191	185		amended to read as follows:
192	186		Sec. 663.034. SAFETY APPAREL REQUIRED. A person may not
193	187		operate, ride, or be carried on an off-highway [all-terrain]
194	188		vehicle on public property or a beach unless the person wears:
195	189		(1) a safety helmet that complies with United States
196	190		Department of Transportation standards; and
197	191		(2) eye protection.
198	192		SECTION 18. Section 663.035, Transportation Code, is
199	193		amended to read as follows:
200	194		Sec. 663.035. RECKLESS OR CARELESS OPERATION PROHIBITED. A
201	195		person may not operate an off-highway [all-terrain] vehicle on
202	196		public property or a beach in a careless or reckless manner that
203	197		endangers, injures, or damages any person or property.
204	198		SECTION 19. Section 663.036, Transportation Code, is
205	199		amended to read as follows:
206	200		Sec. 663.036. CARRYING PASSENGERS. A person may not carry a
207	201		passenger on an off-highway [all-terrain] vehicle operated on
208	202		public property or a beach unless the [all-terrain] vehicle is
209	203		designed by the manufacturer to transport a passenger.
210	204		SECTION 20. Sections 663.037(a), (b), (c), (d), (f), and
211	205		(g), Transportation Code, are amended to read as follows:
212	206		(a) A person may not operate an off-highway [all-terrain]
213	207		vehicle on a public street, road, or highway except as provided by
214	208		this section.
215	209		(b) The operator of an off-highway [all-terrain] vehicle
216	210		may drive the vehicle across a public street, road, or highway that
217	211		is not an interstate or limited-access highway, if the operator:
218	212		(1) brings the vehicle to a complete stop before
219	213		crossing the shoulder or main traveled way of the roadway;
220	214		(2) yields the right-of-way to oncoming traffic that
221	215		is an immediate hazard; and
222	216		(3) makes the crossing:
223	217		(A) at an angle of approximately 90 degrees to
224	218		the roadway;
225	219		(B) at a place where no obstruction prevents a
226	220		quick and safe crossing; and
227	221		(C) with the vehicle's headlights and taillights
228	222		lighted.
229	223		(c) The operator of an off-highway [all-terrain] vehicle
230	224		may drive the vehicle across a divided highway other than an
231	225		interstate or limited access highway only at an intersection of the
232	226		highway with another public street, road, or highway.
233	227		(d) The operator of an off-highway [all-terrain] vehicle
234	228		may drive the vehicle on a public street, road, or highway that is
235	229		not an interstate or limited-access highway if:
236	230		(1) the transportation is in connection with:
237	231		(A) the production, cultivation, care,
238	232		harvesting, preserving, drying, processing, canning, storing,
239	233		handling, shipping, marketing, selling, or use of agricultural
240	234		products, as defined by Section 52.002, Agriculture Code; or
241	235		(B) utility work performed by a utility;
242	236		(2) the operator attaches to the back of the vehicle on
243	237		top of an eight-foot-long pole a triangular orange flag;
244	238		(3) the vehicle's headlights and taillights are
245	239		illuminated;
246	240		(4) the operator holds a driver's license, as defined
247	241		by Section 521.001;
248	242		(5) the operation of the [all-terrain] vehicle occurs
249	243		in the daytime; and
250	244		(6) the operation of the [all-terrain] vehicle does
251	245		not exceed a distance of 25 miles from the point of origin to the
252	246		destination.
253	247		(f) Except as provided by Subsection (g), this section does
254	248		not apply to the operation of an off-highway [all-terrain] vehicle
255	249		that is owned by the state, a county, or a municipality by a person
256	250		who is an authorized operator of the vehicle.
257	251		(g) A peace officer may operate an off-highway
258	252		[all-terrain] vehicle on a public street, road, or highway that is
259	253		not an interstate or limited-access highway only if:
260	254		(1) the transportation is in connection with the
261	255		performance of the officer's official duty;
262	256		(2) the officer attaches to the back of the vehicle on
263	257		top of an eight-foot-long pole a triangular orange flag;
264	258		(3) the vehicle's headlights and taillights are
265	259		illuminated;
266	260		(4) the officer holds a driver's license, as defined by
267	261		Section 521.001; and
268	262		(5) the operation of the [all-terrain] vehicle does
269	263		not exceed a distance of 25 miles from the point of origin to the
270	264		destination.
271	265		SECTION 21. Section 663.0371, Transportation Code, is
272	266		amended to read as follows:
273	267		Sec. 663.0371. OPERATION ON BEACH. (a) A person may not
274	268		operate an off-highway [all-terrain] vehicle on a beach except as
275	269		provided by this section.
276	270		(b) A person operating an off-highway [all-terrain] vehicle
277	271		on a beach must hold and have in the person's possession a driver's
278	272		license issued under Chapter 521 or a commercial driver's license
279	273		issued under Chapter 522.
280	274		(c) Except as provided by Chapters 61 and 63, Natural
281	275		Resources Code, an operator of an off-highway [all-terrain] vehicle
282	276		may drive the vehicle on a beach that is open to motor vehicle
283	277		traffic.
284	278		(d) Except as provided by Chapters 61 and 63, Natural
285	279		Resources Code, a person who is authorized to operate an
286	280		off-highway [all-terrain] vehicle that is owned by the state, a
287	281		county, or a municipality may drive the [all-terrain] vehicle on
288	282		any beach if the vehicle is registered under Section 502.140(b).
289	283		(e) The Texas Department of Transportation or a county or
290	284		municipality may prohibit the operation of an off-highway
291	285		[all-terrain] vehicle on a beach if the department or the governing
292	286		body of the county or municipality determines that the prohibition
293	287		is necessary in the interest of safety.
294	288		SECTION 22. The following provisions of the Transportation
295	289		Code are repealed:
296	290		(1) Section 551.401(2);
297	291		(2) Section 663.001(1), as amended by Chapters 131
298	292		(S.B. 487) and 895 (H.B. 1044), Acts of the 83rd Legislature,
299	293		Regular Session, 2013; and
300	294		(3) Section 663.003.
301	295		SECTION 23. This Act takes effect September 1, 2017.
302		-	* * * * *
	296	+	______________________________ ______________________________
	297	+	President of the Senate Speaker of the House
	298	+	I certify that H.B. No. 1956 was passed by the House on April
	299	+	27, 2017, by the following vote: Yeas 141, Nays 3, 3 present, not
	300	+	voting.
	301	+	______________________________
	302	+	Chief Clerk of the House
	303	+	I certify that H.B. No. 1956 was passed by the Senate on May
	304	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	305	+	______________________________
	306	+	Secretary of the Senate
	307	+	APPROVED: _____________________
	308	+	Date
	309	+	_____________________
	310	+	Governor