85R8893 JRR-D
By: Springer H.B. No. 1956
A BILL TO BE ENTITLED
AN ACT
relating to the operation of certain off-highway vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter F, Chapter 551,
Transportation Code, is amended to read as follows:
SUBCHAPTER F. GOLF CARTS [AND UTILITY VEHICLES]
SECTION 2. Sections 551.404(a-1) and (b), Transportation
Code, are amended to read as follows:
(a-1) In addition to the operation authorized by Section
551.403, the commissioners court of a county described by
Subsection (a-2) may allow an operator to operate a golf cart [or
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.
(b) A golf cart [or utility vehicle] operated under this
section must have the following equipment:
(1) headlamps;
(2) taillamps;
(3) reflectors;
(4) parking brake; and
(5) mirrors.
SECTION 3. Section 663.001(3), Transportation Code, is
redesignated as Section 663.001(1-b), Transportation Code, and
amended to read as follows:
(1-b) [(3)] "Off-highway [Recreational off-highway]
vehicle" means:
(A) an all-terrain vehicle or recreational
off-highway vehicle, as those terms are defined [has the meaning
assigned] by Section 502.001; or
(B) a utility vehicle.
SECTION 4. Section 663.001, Transportation Code, is amended
by adding Subdivision (4) to read as follows:
(4) "Utility vehicle" means a motor vehicle that is
not a golf cart, as defined by Section 502.001, 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 off-highway
use only; and
(D) designed by the manufacturer primarily for
utility work and not for recreational purposes.
SECTION 5. Section 663.002, Transportation Code, is amended
to read as follows:
Sec. 663.002. NONAPPLICABILITY OF CERTAIN OTHER LAWS. (a)
Except as provided by Sections 663.037 and 663.0371, Chapter 521
does not apply to the operation or ownership of an off-highway
[all-terrain] vehicle registered for off-highway operation.
(b) Chapter 1001, Education Code [332, Acts of the 60th
Legislature, Regular Session, 1967 (Article 4413(29c), Vernon's
Texas Civil Statutes)], does not apply to instruction in the
operation of an off-highway [all-terrain] vehicle provided under
the operator education and certification program established by
this chapter.
SECTION 6. The heading to Subchapter B, Chapter 663,
Transportation Code, is amended to read as follows:
SUBCHAPTER B. OFF-HIGHWAY [ALL-TERRAIN] VEHICLE OPERATOR
EDUCATION AND CERTIFICATION
SECTION 7. Section 663.011, Transportation Code, is amended
to read as follows:
Sec. 663.011. DESIGNATED DIVISION OR STATE AGENCY. The
governor shall designate a division of the governor's office or a
state agency to establish and administer an off-highway
[all-terrain] vehicle operator education and certification
program.
SECTION 8. Section 663.012, Transportation Code, is amended
to read as follows:
Sec. 663.012. PURPOSE OF PROGRAM. The purpose of the
off-highway [all-terrain] vehicle operator education and
certification program is to make available courses in basic
training and safety skills relating to the operation of off-highway
[all-terrain] vehicles and to issue safety certificates to
operators who successfully complete the educational program
requirements or pass a test established under the program.
SECTION 9. Section 663.013, Transportation Code, is amended
to read as follows:
Sec. 663.013. OFF-HIGHWAY [ALL-TERRAIN] VEHICLE SAFETY
COORDINATOR. (a) The designated division or state agency shall
employ an off-highway [all-terrain] vehicle safety coordinator.
(b) The coordinator shall supervise the off-highway
[all-terrain] vehicle operator education and certification program
and shall determine:
(1) locations at which courses will be offered;
(2) fees for the courses;
(3) qualifications of instructors;
(4) course curriculum; and
(5) standards for operator safety certification.
(c) In establishing standards for instructors, curriculum,
and operator certification, the coordinator shall consult and be
guided by standards established by recognized off-highway
[all-terrain] vehicle safety organizations.
SECTION 10. Section 663.014, Transportation Code, is
amended to read as follows:
Sec. 663.014. CONTRACTS. To administer the education
program and certify off-highway [all-terrain] vehicle operators,
the designated division or state agency may contract with nonprofit
safety organizations, nonprofit educational organizations, or
agencies of local governments.
SECTION 11. Section 663.015, Transportation Code, is
amended to read as follows:
Sec. 663.015. TEACHING AND TESTING METHODS. (a) If the
off-highway [all-terrain] vehicle safety coordinator determines
that vehicle operation is not feasible in a program component or at
a particular program location, the operator education and
certification program for persons who are at least 14 years of age
may use teaching or testing methods that do not involve the actual
operation of an off-highway [all-terrain] vehicle.
(b) An operator safety certificate may not be issued to a
person younger than 14 years of age unless the person has
successfully completed a training course that involves the actual
operation of an off-highway [all-terrain] vehicle.
SECTION 12. Section 663.016, Transportation Code, is
amended to read as follows:
Sec. 663.016. FEE FOR COURSE. A person may charge, for a
course under the off-highway [all-terrain] vehicle operator
education and certification program, a fee that is reasonably
related to the costs of administering the course.
SECTION 13. The heading to Subchapter C, Chapter 663,
Transportation Code, is amended to read as follows:
SUBCHAPTER C. OPERATION OF OFF-HIGHWAY [ALL-TERRAIN] VEHICLES
SECTION 14. Section 663.031, Transportation Code, is
amended to read as follows:
Sec. 663.031. SAFETY CERTIFICATE REQUIRED. (a) A person
may not operate an off-highway [all-terrain] vehicle on public
property or a beach unless the person:
(1) holds a safety certificate issued under this
chapter or under the authority of another state;
(2) is taking a safety training course under the
direct supervision of a certified off-highway [all-terrain]
vehicle safety instructor; or
(3) is under the direct supervision of an adult who
holds a safety certificate issued under this chapter or under the
authority of another state.
(b) A person to whom a safety certificate required by
Subsection (a) has been issued shall:
(1) carry the certificate when the person operates an
off-highway [all-terrain] vehicle on public property or a beach;
and
(2) display the certificate at the request of any law
enforcement officer.
SECTION 15. Section 663.032, Transportation Code, is
amended to read as follows:
Sec. 663.032. OPERATION BY PERSON YOUNGER THAN 14. A person
younger than 14 years of age who is operating an off-highway
[all-terrain] vehicle must be accompanied by and be under the
direct supervision of:
(1) the person's parent or guardian; or
(2) an adult who is authorized by the person's parent
or guardian.
SECTION 16. Section 663.033, Transportation Code, is
amended to read as follows:
Sec. 663.033. REQUIRED EQUIPMENT; DISPLAY OF LIGHTS. (a)
An off-highway [all-terrain] vehicle that is operated on public
property or a beach must be equipped with:
(1) a brake system maintained in good operating
condition;
(2) an adequate muffler system in good working
condition; and
(3) a United States Forest Service qualified spark
arrester.
(b) An off-highway [all-terrain] vehicle that is operated
on public property or a beach must display a lighted headlight and
taillight:
(1) during the period from one-half hour after sunset
to one-half hour before sunrise; and
(2) at any time when visibility is reduced because of
insufficient light or atmospheric conditions.
(c) A person may not operate an off-highway [all-terrain]
vehicle on public property or a beach if:
(1) the vehicle has an exhaust system that has been
modified with a cutout, bypass, or similar device; or
(2) the spark arrester has been removed or modified,
unless the vehicle is being operated in a closed-course competition
event.
(d) The coordinator may exempt off-highway [all-terrain]
vehicles that are participating in certain competitive events from
the requirements of this section.
SECTION 17. Section 663.034, Transportation Code, is
amended to read as follows:
Sec. 663.034. SAFETY APPAREL REQUIRED. A person may not
operate, ride, or be carried on an off-highway [all-terrain]
vehicle on public property or a beach unless the person wears:
(1) a safety helmet that complies with United States
Department of Transportation standards; and
(2) eye protection.
SECTION 18. Section 663.035, Transportation Code, is
amended to read as follows:
Sec. 663.035. RECKLESS OR CARELESS OPERATION PROHIBITED. A
person may not operate an off-highway [all-terrain] vehicle on
public property or a beach in a careless or reckless manner that
endangers, injures, or damages any person or property.
SECTION 19. Section 663.036, Transportation Code, is
amended to read as follows:
Sec. 663.036. CARRYING PASSENGERS. A person may not carry a
passenger on an off-highway [all-terrain] vehicle operated on
public property or a beach unless the [all-terrain] vehicle is
designed by the manufacturer to transport a passenger.
SECTION 20. Sections 663.037(a), (b), (c), (d), (f), and
(g), Transportation Code, are amended to read as follows:
(a) A person may not operate an off-highway [all-terrain]
vehicle on a public street, road, or highway except as provided by
this section.
(b) The operator of an off-highway [all-terrain] vehicle
may drive the vehicle across a public street, road, or highway that
is not an interstate or limited-access highway, if the operator:
(1) brings the vehicle to a complete stop before
crossing the shoulder or main traveled way of the roadway;
(2) yields the right-of-way to oncoming traffic that
is an immediate hazard; and
(3) makes the crossing:
(A) at an angle of approximately 90 degrees to
the roadway;
(B) at a place where no obstruction prevents a
quick and safe crossing; and
(C) with the vehicle's headlights and taillights
lighted.
(c) The operator of an off-highway [all-terrain] vehicle
may drive the vehicle across a divided highway other than an
interstate or limited access highway only at an intersection of the
highway with another public street, road, or highway.
(d) The operator of an off-highway [all-terrain] vehicle
may drive the vehicle on a public street, road, or highway that is
not an interstate or limited-access highway if:
(1) the transportation is in connection with:
(A) the production, cultivation, care,
harvesting, preserving, drying, processing, canning, storing,
handling, shipping, marketing, selling, or use of agricultural
products, as defined by Section 52.002, Agriculture Code; or
(B) utility work performed by a utility;
(2) the operator attaches to the back of the vehicle on
top of an eight-foot-long pole a triangular orange flag;
(3) the vehicle's headlights and taillights are
illuminated;
(4) the operator holds a driver's license, as defined
by Section 521.001;
(5) the operation of the [all-terrain] vehicle occurs
in the daytime; and
(6) the operation of the [all-terrain] vehicle does
not exceed a distance of 25 miles from the point of origin to the
destination.
(f) Except as provided by Subsection (g), this section does
not apply to the operation of an off-highway [all-terrain] vehicle
that is owned by the state, a county, or a municipality by a person
who is an authorized operator of the vehicle.
(g) A peace officer may operate an off-highway
[all-terrain] vehicle on a public street, road, or highway that is
not an interstate or limited-access highway only if:
(1) the transportation is in connection with the
performance of the officer's official duty;
(2) the officer attaches to the back of the vehicle on
top of an eight-foot-long pole a triangular orange flag;
(3) the vehicle's headlights and taillights are
illuminated;
(4) the officer holds a driver's license, as defined by
Section 521.001; and
(5) the operation of the [all-terrain] vehicle does
not exceed a distance of 25 miles from the point of origin to the
destination.
SECTION 21. Section 663.0371, Transportation Code, is
amended to read as follows:
Sec. 663.0371. OPERATION ON BEACH. (a) A person may not
operate an off-highway [all-terrain] vehicle on a beach except as
provided by this section.
(b) A person operating an off-highway [all-terrain] vehicle
on a beach must hold and have in the person's possession a driver's
license issued under Chapter 521 or a commercial driver's license
issued under Chapter 522.
(c) Except as provided by Chapters 61 and 63, Natural
Resources Code, an operator of an off-highway [all-terrain] vehicle
may drive the vehicle on a beach that is open to motor vehicle
traffic.
(d) Except as provided by Chapters 61 and 63, Natural
Resources Code, a person who is authorized to operate an
off-highway [all-terrain] vehicle that is owned by the state, a
county, or a municipality may drive the [all-terrain] vehicle on
any beach if the vehicle is registered under Section 502.140(b).
(e) The Texas Department of Transportation or a county or
municipality may prohibit the operation of an off-highway
[all-terrain] vehicle on a beach if the department or the governing
body of the county or municipality determines that the prohibition
is necessary in the interest of safety.
SECTION 22. The following provisions of the Transportation
Code are repealed:
(1) Section 551.401(2);
(2) Section 663.001(1), as amended by Chapters 131
(S.B. 487) and 895 (H.B. 1044), Acts of the 83rd Legislature,
Regular Session, 2013; and
(3) Section 663.003.
SECTION 23. This Act takes effect September 1, 2017.