By: Murphy (Senate Sponsor - Kolkhorst) H.B. No. 561
(In the Senate - Received from the House April 27, 2017;
May 3, 2017, read first time and referred to Committee on
Transportation; May 10, 2017, reported favorably by the following
vote: Yeas 9, Nays 0; May 10, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the operation of certain vehicles used for package
delivery; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 551, Transportation Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. PACKAGE DELIVERY VEHICLES
Sec. 551.451. DEFINITIONS. In this subchapter:
(1) "All-terrain vehicle" has the meaning assigned by
Section 502.001.
(2) "Golf cart" has the meaning assigned by Section
502.001.
(3) "Motor carrier" has the meaning assigned by
Section 643.001.
(4) "Neighborhood electric vehicle" has the meaning
assigned by Section 551.301.
(5) "Public highway" has the meaning assigned by
Section 502.001.
(6) "Recreational off-highway vehicle" has the
meaning assigned by Section 502.001.
(7) "Utility vehicle" has the meaning assigned by
Section 551.401.
Sec. 551.452. LICENSE PLATES FOR PACKAGE DELIVERY VEHICLES.
(a) The Texas Department of Motor Vehicles may issue
distinguishing license plates for a vehicle operated by a motor
carrier for the purpose of picking up and delivering mail, parcels,
and packages if the vehicle:
(1) is:
(A) an all-terrain vehicle;
(B) a golf cart;
(C) a neighborhood electric vehicle;
(D) a recreational off-highway vehicle; or
(E) a utility vehicle; and
(2) is equipped with headlamps, taillamps,
reflectors, a parking brake, and mirrors, in addition to any other
equipment required by law.
(b) The Texas Department of Motor Vehicles by rule shall
establish a procedure to issue the license plates to be used only
for operation in accordance with this subchapter.
(c) The license plates must include the words "Package
Delivery."
(d) The Texas Department of Motor Vehicles may charge a
license plate fee not to exceed $25 annually to be deposited to the
credit of the Texas Department of Motor Vehicles fund.
Sec. 551.453. LIMITED OPERATION. (a) A motor carrier may
operate, for the purpose of picking up or delivering mail, parcels,
or packages, a vehicle bearing license plates issued under Section
551.452 on a public highway that is not an interstate or a
limited-access or controlled-access highway and that has a speed
limit of not more than 35 miles per hour.
(b) The Department of Motor Vehicles may not require the
registration of a vehicle operated under Subsection (a) unless the
registration is required by other law.
Sec. 551.454. OPERATION ON PROPERTY OF SUBDIVISION OR
CONDOMINIUM. (a) In this section:
(1) "Condominium" has the meaning assigned by Section
82.003, Property Code.
(2) "Declaration" has the meaning assigned by Section
82.003, Property Code.
(3) "Property owners' association" has the meaning
assigned by Section 202.001, Property Code.
(4) "Restrictions" has the meaning assigned by Section
209.002, Property Code.
(5) "Subdivision" has the meaning assigned by Section
209.002, Property Code.
(b) A property owners' association may adopt reasonable
safety and use rules for the operation, for the purpose of picking
up or delivering mail, parcels, or packages, of a vehicle bearing
license plates issued under Section 551.452 on the property of a
subdivision or condominium managed or regulated by the association.
(c) A motor carrier may operate, for the purpose of picking
up or delivering mail, parcels, or packages, a vehicle bearing
license plates issued under Section 551.452 on the property of a
subdivision subject to restrictions or a condominium that has in
place a declaration, in a manner that complies with any applicable
rules adopted by a property owners' association that manages or
regulates the subdivision or condominium.
Sec. 551.455. OPERATION IN MUNICIPALITIES AND COUNTIES.
(a) In addition to the operation authorized by Sections 551.453 and
551.454, the governing body of a municipality may allow a motor
carrier to operate, for the purpose of picking up or delivering
mail, parcels, or packages, a vehicle bearing license plates issued
under Section 551.452 on all or part of a public highway that:
(1) is in the corporate boundaries of the
municipality; and
(2) has a speed limit of not more than 35 miles per
hour.
(b) In addition to the operation authorized by Sections
551.453 and 551.454, a county commissioners court may allow a motor
carrier to operate, for the purpose of picking up or delivering
mail, parcels, or packages, a vehicle bearing license plates issued
under Section 551.452 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.
Sec. 551.456. CROSSING CERTAIN ROADWAYS. A vehicle bearing
license plates issued under Section 551.452 may cross
intersections, including on or through a road or street that has a
speed limit of more than 35 miles per hour.
Sec. 551.457. CONFLICTS. In the case of a conflict between
this subchapter and other law, including Chapters 502 and 663, this
subchapter controls.
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, 2017.
* * * * *