Texas 2019 - 86th Regular

Texas House Bill HB1548 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1548
	1	+	By: Springer, Middleton H.B. No. 1548
	2	+	(Senate Sponsor - Kolkhorst, Fallon)
	3	+	(In the Senate - Received from the House May 3, 2019;
	4	+	May 6, 2019, read first time and referred to Committee on
	5	+	Transportation; May 19, 2019, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	7	+	May 19, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1548 By: Kolkhorst
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the operation of golf carts, neighborhood electric
6	15		vehicles, and off-highway vehicles; authorizing fees.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Section 57.002(7), Business & Commerce Code, is
9	18		amended to read as follows:
10	19		(7) "Equipment":
11	20		(A) means machinery, equipment, or implements or
12	21		attachments to the machinery, equipment, or implements used for, or
13	22		in connection with, any of the following purposes:
14	23		(i) lawn, garden, golf course, landscaping,
15	24		or grounds maintenance;
16	25		(ii) planting, cultivating, irrigating,
17	26		harvesting, or producing agricultural or forestry products;
18	27		(iii) raising, feeding, or tending to
19	28		livestock, [or] harvesting products from livestock, or any other
20	29		activity in connection with those activities; or
21	30		(iv) industrial, construction,
22	31		maintenance, mining, or utility activities or applications; and
23	32		(B) does not mean:
24	33		(i) trailers or self-propelled vehicles
25	34		designed primarily for the transportation of persons or property on
26	35		a street or highway; or
27	36		(ii) [all-terrain vehicles, utility task
28	37		vehicles, or recreational] off-highway vehicles.
29	38		SECTION 2. Section 75.001(3), Civil Practice and Remedies
30	39		Code, is amended to read as follows:
31	40		(3) "Recreation" means an activity such as:
32	41		(A) hunting;
33	42		(B) fishing;
34	43		(C) swimming;
35	44		(D) boating;
36	45		(E) camping;
37	46		(F) picnicking;
38	47		(G) hiking;
39	48		(H) pleasure driving, including off-road
40	49		motorcycling and off-road automobile driving and the use of
41	50		[all-terrain vehicles and recreational] off-highway vehicles;
42	51		(I) nature study, including bird-watching;
43	52		(J) cave exploration;
44	53		(K) waterskiing and other water sports;
45	54		(L) any other activity associated with enjoying
46	55		nature or the outdoors;
47	56		(M) bicycling and mountain biking;
48	57		(N) disc golf;
49	58		(O) on-leash and off-leash walking of dogs; or
50	59		(P) radio control flying and related activities.
51	60		SECTION 3. Section 2158.001(2), Government Code, is amended
52	61		to read as follows:
53	62		(2) "Golf cart" has the meaning assigned by Section
54	63		551.401 [502.001], Transportation Code.
55	64		SECTION 4. Section 392.001(3), Health and Safety Code, is
56	65		amended to read as follows:
57	66		(3) "Golf cart" has the meaning assigned by Section
58	67		551.401 [502.001], Transportation Code.
59	68		SECTION 5. Section 61.011(d), Natural Resources Code, is
60	69		amended to read as follows:
61	70		(d) The commissioner shall promulgate rules, consistent
62	71		with the policies established in this section, on the following
63	72		matters only:
64	73		(1) acquisition by local governments or other
65	74		appropriate entities or public dedication of access ways sufficient
66	75		to provide adequate public ingress and egress to and from the beach
67	76		within the area described in Subdivision (6);
68	77		(2) protection of the public easement from erosion or
69	78		reduction caused by development or other activities on adjacent
70	79		land and beach cleanup and maintenance;
71	80		(3) local government prohibitions of vehicular
72	81		traffic on public beaches, provision of off-beach parking, the use
73	82		on a public beach of a golf cart, as defined by Section 551.401
74	83		[502.001], Transportation Code, for the transportation of a person
75	84		with a physical disability, and other minimum measures needed to
76	85		mitigate for any adverse effect on public access and dune areas;
77	86		(4) imposition of beach access, user, or parking fees
78	87		and reasonable exercises of the police power by local governments
79	88		with respect to public beaches;
80	89		(5) contents and certification of beach access and use
81	90		plans and standards for local government review of construction on
82	91		land adjacent to and landward of public beaches, including
83	92		procedures for expedited review of beach access and use plans under
84	93		Section 61.015;
85	94		(6) construction on land adjacent to and landward of
86	95		public beaches and lying in the area either up to the first public
87	96		road generally parallel to the beach or to any closer public road
88	97		not parallel to the beach, or to within 1,000 feet of mean high
89	98		tide, whichever is greater, that affects or may affect public
90	99		access to and use of public beaches;
91	100		(7) the temporary suspension under Section 61.0185 of
92	101		enforcement of the prohibition against encroachments on and
93	102		interferences with the public beach easement and the ability of a
94	103		property owner to make repairs to a house while a suspension is in
95	104		effect;
96	105		(8) the determination of the line of vegetation or
97	106		natural line of vegetation;
98	107		(9) the factors to be considered in determining
99	108		whether a structure, improvement, obstruction, barrier, or hazard
100	109		on the public beach:
101	110		(A) constitutes an imminent hazard to safety,
102	111		health, or public welfare; or
103	112		(B) substantially interferes with the free and
104	113		unrestricted right of the public to enter or leave the public beach
105	114		or traverse any part of the public beach;
106	115		(10) the procedures for determining whether a
107	116		structure is not insurable property for purposes of Section
108	117		2210.004, Insurance Code, because of the factors listed in
109	118		Subsection (h) of that section;
110	119		(11) the closure of beaches for space flight
111	120		activities; and
112	121		(12) the temporary suspension under Section 61.0171 of
113	122		the determination of the "line of vegetation" or the "natural line
114	123		of vegetation."
115	124		SECTION 6. Section 63.002(4), Natural Resources Code, is
116	125		amended to read as follows:
117	126		(4) "Recreational vehicle" means a dune buggy, marsh
118	127		buggy, minibike, trail bike, jeep, [all-terrain vehicle,
119	128		recreational] off-highway vehicle, as defined by Section 551A.001,
120	129		Transportation Code, or any other mechanized vehicle that is being
121	130		used for recreational purposes, but does not include a vehicle that
122	131		is not being used for recreational purposes.
123	132		SECTION 7. Section 29.001, Parks and Wildlife Code, is
124	133		amended to read as follows:
125	134		Sec. 29.001. DEFINITION. In this chapter, "off-highway
126	135		vehicle" means:
127	136		(1) an off-highway vehicle, as defined by Section
128	137		551A.001 [all-terrain vehicle, as defined by Section 502.001],
129	138		Transportation Code;
130	139		(2) an off-highway motorcycle; or
131	140		(3) [a recreational off-highway vehicle, as defined by
132	141		Section 502.001, Transportation Code; and
133	142		[(4)] any other motorized vehicle used for off-highway
134	143		recreation on:
135	144		(A) public land over which the department has
136	145		authority or on land purchased or leased by the department; or
137	146		(B) land acquired or developed under a grant made
138	147		under Section 29.008 or any other grant program operated or
139	148		administered by the department.
140	149		SECTION 8. Section 501.002(17), Transportation Code, is
141	150		amended to read as follows:
142	151		(17) "Motor vehicle" means:
143	152		(A) any motor driven or propelled vehicle
144	153		required to be registered under the laws of this state;
145	154		(B) a trailer or semitrailer, other than
146	155		manufactured housing, that has a gross vehicle weight that exceeds
147	156		4,000 pounds;
148	157		(C) a travel trailer;
149	158		(D) an off-highway vehicle, as defined by Section
150	159		551A.001 [all-terrain vehicle or a recreational off-highway
151	160		vehicle, as those terms are defined by Section 502.001, designed by
152	161		the manufacturer for off-highway use that is not required to be
153	162		registered under the laws of this state]; or
154	163		(E) a motorcycle, motor-driven cycle, or moped
155	164		that is not required to be registered under the laws of this state.
156	165		SECTION 9. Section 502.140, Transportation Code, is amended
157	166		to read as follows:
158	167		Sec. 502.140. CERTAIN OFF-HIGHWAY VEHICLES. (a) In this
159	168		section, "off-highway vehicle" has the meaning assigned by Section
160	169		551A.001.
161	170		(b) Except as provided by Subsection (c) [(b)], the
162	171		department [a person] may not register an [all-terrain vehicle or a
163	172		recreational] off-highway vehicle, with or without design
164	173		alterations, for operation on a public highway.
165	174		(c) [(b)] The department [state, a county, or a
166	175		municipality] may register an [all-terrain vehicle or a
167	176		recreational] off-highway vehicle that is owned by the state,
168	177		county, or municipality for operation on a public beach or highway
169	178		to maintain public safety and welfare.
170	179		(d) Section 504.401 does not apply to an [all-terrain
171	180		vehicle or a recreational] off-highway vehicle.
172	181		(e) An [all-terrain vehicle or recreational] off-highway
173	182		vehicle that is registered under this section:
174	183		(1) is not subject to the requirements of Subchapter
175	184		D, Chapter 551A; and
176	185		(2) is subject to the requirements of Subchapter E,
177	186		Chapter 551A [owned by the state, a county, or a municipality and
178	187		operated in compliance with Section 663.037 does not require
179	188		registration under Subsection (b)].
180	189		SECTION 10. Section 504.002, Transportation Code, is
181	190		amended to read as follows:
182	191		Sec. 504.002. GENERAL PROVISIONS. (a) Unless expressly
183	192		provided by this chapter or by department rule:
184	193		(1) except for license plates specified as exempt, the
185	194		fee for issuance of a license plate, including replacement plates,
186	195		is in addition to each other fee that is paid for at the time of the
187	196		registration of the motor vehicle and shall be deposited to the
188	197		credit of the Texas Department of Motor Vehicles fund;
189	198		(2) if the registration period is greater than 12
190	199		months, the expiration date of a specialty license plate, symbol,
191	200		tab, or other device shall be aligned with the registration period,
192	201		and the specialty plate fee shall be adjusted pro rata, except that
193	202		if the statutory annual fee for a specialty license plate is $5 or
194	203		less, it may not be prorated;
195	204		(3) the department is the exclusive owner of the
196	205		design of each license plate;
197	206		(4) if a license plate is lost, stolen, or mutilated,
198	207		an application for a replacement plate must be accompanied by the
199	208		fee prescribed by Section 502.060; and
200	209		(5) the department shall prepare the designs and
201	210		specifications of license plates.
202	211		(b) If necessary to cover the costs of issuing license
203	212		plates for golf carts under Section 551.402 or off-highway vehicles
204	213		under Section 551A.052, the department may charge an administrative
205	214		fee, in an amount established by the department by rule, for the
206	215		issuance of a golf cart or off-highway vehicle license plate.
207	216		SECTION 11. Section 547.001, Transportation Code, is
208	217		amended by amending Subdivision (2-a) and adding Subdivisions (11)
209	218		and (12) to read as follows:
210	219		(2-a) "Golf cart" has the meaning assigned by Section
211	220		551.401 [502.001].
212	221		(11) "Neighborhood electric vehicle" has the meaning
213	222		assigned by Section 551.301.
214	223		(12) "Off-highway vehicle" has the meaning assigned by
215	224		Section 551A.001.
216	225		SECTION 12. Section 547.002, Transportation Code, is
217	226		amended to read as follows:
218	227		Sec. 547.002. APPLICABILITY. Unless a provision is
219	228		specifically made applicable, this chapter and the rules of the
220	229		department adopted under this chapter do not apply to:
221	230		(1) an implement of husbandry;
222	231		(2) road machinery;
223	232		(3) a road roller;
224	233		(4) a farm tractor;
225	234		(5) a bicycle, a bicyclist, or bicycle equipment;
226	235		(6) an electric bicycle, an electric bicyclist, or
227	236		electric bicycle equipment; [or]
228	237		(7) a golf cart;
229	238		(8) a neighborhood electric vehicle; or
230	239		(9) an off-highway vehicle [that is operated only as
231	240		authorized by Section 551.403].
232	241		SECTION 13. Section 547.703(d), Transportation Code, is
233	242		amended to read as follows:
234	243		(d) A golf cart, neighborhood electric vehicle, or
235	244		off-highway vehicle that is operated at a speed of not more than 25
236	245		miles per hour is required to display a slow-moving-vehicle emblem
237	246		when it is operated on a [public] highway[, as defined by Section
238	247		502.001, under Section 551.403 or 551.404].
239	248		SECTION 14. Section 548.052, Transportation Code, is
240	249		amended to read as follows:
241	250		Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
242	251		chapter does not apply to:
243	252		(1) a trailer, semitrailer, pole trailer, or mobile
244	253		home moving under or bearing a current factory-delivery license
245	254		plate or current in-transit license plate;
246	255		(2) a vehicle moving under or bearing a paper dealer
247	256		in-transit tag, machinery license, disaster license, parade
248	257		license, prorate tab, one-trip permit, vehicle temporary transit
249	258		permit, antique license, custom vehicle license, street rod
250	259		license, temporary 24-hour permit, or permit license;
251	260		(3) a trailer, semitrailer, pole trailer, or mobile
252	261		home having an actual gross weight or registered gross weight of
253	262		7,500 pounds or less;
254	263		(4) farm machinery, road-building equipment, a farm
255	264		trailer, or a vehicle required to display a slow-moving-vehicle
256	265		emblem under Section 547.703;
257	266		(5) a former military vehicle, as defined by Section
258	267		504.502;
259	268		(6) a vehicle qualified for a tax exemption under
260	269		Section 152.092, Tax Code; or
261	270		(7) a vehicle for which a certificate of title has been
262	271		issued but that is not required to be registered, including an
263	272		off-highway vehicle registered under Section 502.140(c).
264	273		SECTION 15. The heading to Chapter 551, Transportation
265	274		Code, is amended to read as follows:
266	275		CHAPTER 551. OPERATION OF BICYCLES AND[,] MOPEDS, GOLF CARTS, AND
267	276		OTHER LOW-POWERED [PLAY] VEHICLES
268	277		SECTION 16. Section 551.401, Transportation Code, is
269	278		amended to read as follows:
270	279		Sec. 551.401. DEFINITION [DEFINITIONS]. In this
271	280		subchapter, "golf cart" means a motor vehicle designed by the
272	281		manufacturer primarily for use on a golf course[:
273	282		[(1) "Golf cart" and "public highway" have the
274	283		meanings assigned by Section 502.001].
275	284		SECTION 17. Section 551.402, Transportation Code, is
276	285		amended to read as follows:
277	286		Sec. 551.402. REGISTRATION NOT AUTHORIZED; LICENSE PLATES.
278	287		(a) The Texas Department of Motor Vehicles may not register a golf
279	288		cart for operation on a [public] highway regardless of whether any
280	289		alteration has been made to the golf cart.
281	290		(b) A person may operate a golf cart on a highway in a manner
282	291		authorized by this subchapter only if the vehicle displays a
283	292		license plate issued under this section.
284	293		(c) [(b)] The Texas Department of Motor Vehicles:
285	294		(1) shall by rule establish a procedure to [may] issue
286	295		license plates for golf carts; and
287	296		(2) [a golf cart as authorized by Subsection (c).
288	297		[(c) The Texas Department of Motor Vehicles shall by rule
289	298		establish a procedure to issue the license plates to be used for
290	299		operation in accordance with Sections 551.403 and 551.404.
291	300		[(d) The Texas Department of Motor Vehicles] may charge a
292	301		fee not to exceed $10 for the cost of the license plate, to be
293	302		deposited to the credit of the Texas Department of Motor Vehicles
294	303		fund.
295	304		(d) A golf cart license plate does not expire. A person who
296	305		becomes the owner of a golf cart for which the previous owner
297	306		obtained a license plate may not use the previous owner's license
298	307		plate.
299	308		SECTION 18. Subchapter F, Chapter 551, Transportation Code,
300	309		is amended by amending Section 551.403 and adding Section 551.4031
301	310		to read as follows:
302	311		Sec. 551.403. [LIMITED] OPERATION AUTHORIZED IN CERTAIN
303	312		AREAS. [(a)] An operator may operate a golf cart:
304	313		(1) in a master planned community:
305	314		(A) that has in place a uniform set of
306	315		restrictive covenants; and
307	316		(B) for which a county or municipality has
308	317		approved a plat;
309	318		(2) on a public or private beach that is open to
310	319		vehicular traffic; or
311	320		(3) on a [public] highway for which the posted speed
312	321		limit is not more than 35 miles per hour, if the golf cart is
313	322		operated:
314	323		(A) during the daytime; and
315	324		(B) not more than two miles from the location
316	325		where the golf cart is usually parked and for transportation to or
317	326		from a golf course.
318	327		Sec. 551.4031. PROHIBITION OF OPERATION ON HIGHWAY BY
319	328		MUNICIPALITY, COUNTY, OR DEPARTMENT. (a) A county or municipality
320	329		may prohibit the operation of a golf cart on a highway under Section
321	330		551.404 if the governing body of the county or municipality
322	331		determines that the prohibition is necessary in the interest of
323	332		safety.
324	333		(b) The Texas Department of Transportation [or a county or
325	334		municipality] may prohibit the operation of a golf cart on a
326	335		[public] highway under Section 551.404 if the department [or the
327	336		governing body of the county or municipality] determines that the
328	337		prohibition is necessary in the interest of safety.
329	338		SECTION 19. Subchapter F, Chapter 551, Transportation Code,
330	339		is amended by amending Section 551.404 and adding Section 551.4041
331	340		to read as follows:
332	341		Sec. 551.404. OPERATION ON HIGHWAY AUTHORIZED BY
333	342		MUNICIPALITY OR [IN MUNICIPALITIES AND] CERTAIN COUNTIES. (a) In
334	343		addition to the operation authorized by Section 551.403, the
335	344		governing body of a municipality may allow an operator to operate a
336	345		golf cart on all or part of a [public] highway that:
337	346		(1) is in the corporate boundaries of the
338	347		municipality; and
339	348		(2) has a posted speed limit of not more than 35 miles
340	349		per hour.
341	350		(b) [(a-1)] In addition to the operation authorized by
342	351		Section 551.403, the commissioners court of a county described by
343	352		Subsection (c) [(a-2)] may allow an operator to operate a golf cart
344	353		on all or part of a [public] highway that:
345	354		(1) is located in the unincorporated area of the
346	355		county; and
347	356		(2) has a speed limit of not more than 35 miles per
348	357		hour.
349	358		(c) Subsection (b) [(a-2) Subsection (a-1)] applies only to
350	359		a county that:
351	360		(1) borders or contains a portion of the Red River;
352	361		(2) borders or contains a portion of the Guadalupe
353	362		River and contains a part of a barrier island that borders the Gulf
354	363		of Mexico; or
355	364		(3) is adjacent to a county described by Subdivision
356	365		(2) and:
357	366		(A) has a population of less than 37,000; and
358	367		(B) contains a part of a barrier island or
359	368		peninsula that borders the Gulf of Mexico.
360	369		Sec. 551.4041. EQUIPMENT. [(b)] A golf cart operated under
361	370		Section 551.404 [this section] must have the following equipment:
362	371		(1) headlamps;
363	372		(2) taillamps;
364	373		(3) reflectors;
365	374		(4) parking brake; and
366	375		(5) mirrors.
367	376		SECTION 20. Section 551.405, Transportation Code, is
368	377		amended to read as follows:
369	378		Sec. 551.405. CROSSING INTERSECTIONS [CERTAIN ROADWAYS]. A
370	379		golf cart may cross a highway at an intersection [intersections],
371	380		including an intersection with a highway [road or street] that has a
372	381		posted speed limit of more than 35 miles per hour.
373	382		SECTION 21. Section 551.451, Transportation Code, is
374	383		amended by amending Subdivision (2) and adding Subdivision (4-a) to
375	384		read as follows:
376	385		(2) "Golf cart" has the meaning assigned by Section
377	386		551.401 [502.001].
378	387		(4-a) "Off-highway vehicle" has the meaning assigned by
379	388		Section 551A.001.
380	389		SECTION 22. Section 551.452(a), Transportation Code, is
381	390		amended to read as follows:
382	391		(a) The Texas Department of Motor Vehicles may issue
383	392		distinguishing license plates for a vehicle operated by a motor
384	393		carrier for the purpose of picking up and delivering mail, parcels,
385	394		and packages if the vehicle:
386	395		(1) is[:
387	396		[(A) an all-terrain vehicle;
388	397		[(B)] a golf cart,[;
389	398		[(C)] a neighborhood electric vehicle, or an
390	399		off-highway vehicle[;
391	400		[(D) a recreational off-highway vehicle; or
392	401		[(E) a utility vehicle]; and
393	402		(2) is equipped with headlamps, taillamps,
394	403		reflectors, a parking brake, and mirrors, in addition to any other
395	404		equipment required by law.
396	405		SECTION 23. Section 551.457, Transportation Code, is
397	406		amended to read as follows:
398	407		Sec. 551.457. CONFLICTS. In the case of a conflict between
399	408		this subchapter and other law, including Chapters 502 and 551A
400	409		[663], this subchapter controls.
401	410		SECTION 24. Subtitle C, Title 7, Transportation Code, is
402	411		amended by adding Chapter 551A, and a heading is added to that
403	412		chapter to read as follows:
404	413		CHAPTER 551A. OFF-HIGHWAY VEHICLES
405	414		SECTION 25. Subchapters A and B, Chapter 663,
406	415		Transportation Code, are transferred to Chapter 551A,
407	416		Transportation Code, as added by this Act, redesignated as
408	417		Subchapters A and B, Chapter 551A, Transportation Code, and amended
409	418		to read as follows:
410	419		SUBCHAPTER A. GENERAL PROVISIONS
411	420		Sec. 551A.001 [663.001]. DEFINITIONS. In this chapter:
412	421		(1) "All-terrain vehicle" means a motor vehicle that
413	422		is:
414	423		(A) equipped with a seat or seats for the use of:
415	424		(i) the rider; and
416	425		(ii) a passenger, if the motor vehicle is
417	426		designed by the manufacturer to transport a passenger;
418	427		(B) designed to propel itself with three or more
419	428		tires in contact with the ground;
420	429		(C) designed by the manufacturer for off-highway
421	430		use;
422	431		(D) not designed by the manufacturer primarily
423	432		for farming or lawn care; and
424	433		(E) not more than 50 inches wide.
425	434		(2) [(1-a)] "Beach" means a beach area, publicly or
426	435		privately owned, that borders the seaward shore of the Gulf of
427	436		Mexico.
428	437		(3) [(1-b)] "Off-highway vehicle" means[:
429	438		[(A)] an all-terrain vehicle, [or] recreational
430	439		off-highway vehicle, [as those terms are defined by Section
431	440		502.001;] or
432	441		[(B) a] utility vehicle.
433	442		(4) [(2)] "Public off-highway vehicle land
434	443		[property]" means land on which off-highway recreation is
435	444		authorized under Chapter 29, Parks and Wildlife Code [property
436	445		owned or leased by the state or a political subdivision of the
437	446		state].
438	447		(5) "Recreational off-highway vehicle" means a motor
439	448		vehicle that is:
440	449		(A) equipped with a seat or seats for the use of:
441	450		(i) the rider; and
442	451		(ii) a passenger or passengers, if the
443	452		vehicle is designed by the manufacturer to transport a passenger or
444	453		passengers;
445	454		(B) designed to propel itself with four or more
446	455		tires in contact with the ground;
447	456		(C) designed by the manufacturer for off-highway
448	457		use by the operator only; and
449	458		(D) not designed by the manufacturer primarily
450	459		for farming or lawn care.
451	460		(6) [(4)] "Utility vehicle" means a motor vehicle that
452	461		is not a golf cart, as defined by Section 551.401 [502.001], or lawn
453	462		mower and is:
454	463		(A) equipped with side-by-side seating for the
455	464		use of the operator and a passenger;
456	465		(B) designed to propel itself with at least four
457	466		tires in contact with the ground;
458	467		(C) designed by the manufacturer for off-highway
459	468		use only; and
460	469		(D) designed by the manufacturer primarily for
461	470		utility work and not for recreational purposes.
462	471		Sec. 551A.002 [663.002]. NONAPPLICABILITY OF CERTAIN OTHER
463	472		LAWS. (a) [Except as provided by Sections 663.037 and 663.0371,]
464	473		Chapter 521 does not apply to the operation or ownership of an
465	474		off-highway vehicle on public off-highway vehicle land [registered
466	475		for off-highway operation].
467	476		(b) Chapter 1001, Education Code, does not apply to
468	477		instruction in the operation of an off-highway vehicle provided
469	478		under the operator education and certification program established
470	479		by this chapter.
471	480		SUBCHAPTER B. OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND
472	481		CERTIFICATION FOR OPERATION ON PUBLIC LAND OR BEACH
473	482		Sec. 551A.011 [663.011]. DESIGNATED DIVISION OR STATE
474	483		AGENCY. The governor shall designate a division of the governor's
475	484		office or a state agency to establish and administer an off-highway
476	485		vehicle operator education and certification program.
477	486		Sec. 551A.012 [663.012]. PURPOSE OF PROGRAM. The purpose
478	487		of the off-highway vehicle operator education and certification
479	488		program is to make available courses in basic training and safety
480	489		skills relating to the operation of off-highway vehicles and to
481	490		issue safety certificates to operators who successfully complete
482	491		the educational program requirements or pass a test established
483	492		under the program.
484	493		Sec. 551A.013 [663.013]. OFF-HIGHWAY VEHICLE SAFETY
485	494		COORDINATOR. (a) The designated division or state agency shall
486	495		employ an off-highway vehicle safety coordinator.
487	496		(b) The coordinator shall supervise the off-highway vehicle
488	497		operator education and certification program and shall determine:
489	498		(1) locations at which courses will be offered;
490	499		(2) fees for the courses;
491	500		(3) qualifications of instructors;
492	501		(4) course curriculum; and
493	502		(5) standards for operator safety certification.
494	503		(c) In establishing standards for instructors, curriculum,
495	504		and operator certification, the coordinator shall consult and be
496	505		guided by standards established by recognized off-highway vehicle
497	506		safety organizations.
498	507		Sec. 551A.014 [663.014]. CONTRACTS. To administer the
499	508		education program and certify off-highway vehicle operators, the
500	509		designated division or state agency may contract with nonprofit
501	510		safety organizations, nonprofit educational organizations, or
502	511		agencies of local governments.
503	512		Sec. 551A.015 [663.015]. TEACHING AND TESTING METHODS. (a)
504	513		If the off-highway vehicle safety coordinator determines that
505	514		vehicle operation is not feasible in a program component or at a
506	515		particular program location, the operator education and
507	516		certification program for persons who are at least 14 years of age
508	517		may use teaching or testing methods that do not involve the actual
509	518		operation of an off-highway vehicle.
510	519		(b) An operator safety certificate may not be issued to a
511	520		person younger than 14 years of age unless the person has
512	521		successfully completed a training course that involves the actual
513	522		operation of an off-highway vehicle.
514	523		Sec. 551A.016 [663.016]. FEE FOR COURSE. A person may
515	524		charge, for a course under the off-highway vehicle operator
516	525		education and certification program, a fee that is reasonably
517	526		related to the costs of administering the course.
518	527		Sec. 551A.017 [663.017]. DENIAL, SUSPENSION, OR
519	528		CANCELLATION OF APPROVAL. (a) The designated division or state
520	529		agency may deny, suspend, or cancel its approval for a program
521	530		sponsor to conduct or for an instructor to teach a course offered
522	531		under this chapter if the applicant, sponsor, or instructor:
523	532		(1) does not satisfy the requirements established
524	533		under this chapter to receive or retain approval;
525	534		(2) permits fraud or engages in fraudulent practices
526	535		with reference to an application to the division or agency;
527	536		(3) induces or countenances fraud or fraudulent
528	537		practices by a person applying for a driver's license or permit;
529	538		(4) permits or engages in a fraudulent practice in an
530	539		action between the applicant or license holder and the public; or
531	540		(5) fails to comply with rules of the division or
532	541		agency.
533	542		(b) Before the designated division or agency may deny,
534	543		suspend, or cancel the approval of a program sponsor or an
535	544		instructor, notice and opportunity for a hearing must be given as
536	545		provided by:
537	546		(1) Chapter 2001, Government Code; and
538	547		(2) Chapter 53, Occupations Code.
539	548		Sec. 551A.018 [663.018]. RULES. The designated division or
540	549		state agency may adopt rules to administer this chapter.
541	550		Sec. 551A.019 [663.019]. EXEMPTIONS. The designated
542	551		division or state agency by rule may temporarily exempt the
543	552		residents of any county from Section 551A.015 [663.015] or from
544	553		Section 551A.031(b)(1) [663.031(a)(1)] until the appropriate
545	554		education and certification program is established at a location
546	555		that is reasonably accessible to the residents of that county.
547	556		SECTION 26. The heading to Subchapter C, Chapter 663,
548	557		Transportation Code, is transferred to Chapter 551A,
549	558		Transportation Code, as added by this Act, redesignated as
550	559		Subchapter C, Chapter 551A, Transportation Code, and amended to
551	560		read as follows:
552	561		SUBCHAPTER C. OFF-HIGHWAY OPERATION OF OFF-HIGHWAY VEHICLES
553	562		SECTION 27. Sections 663.031, 663.032, and 663.0371,
554	563		Transportation Code, are transferred to Subchapter C, Chapter 551A,
555	564		Transportation Code, as transferred and redesignated by this Act,
556	565		redesignated as Sections 551A.031, 551A.032, and 551A.033,
557	566		Transportation Code, and amended to read as follows:
558	567		Sec. 551A.031 [663.031]. OPERATION ON PUBLIC LAND OR BEACH;
559	568		SAFETY CERTIFICATE REQUIRED. (a) A person may not operate an
560	569		off-highway vehicle on land owned or leased by the state or a
561	570		political subdivision of the state that is not open to vehicular
562	571		traffic unless:
563	572		(1) the land is public off-highway vehicle land; and
564	573		(2) the operation is in compliance with:
565	574		(A) this chapter; and
566	575		(B) Chapter 29, Parks and Wildlife Code.
567	576		(b) A person may not operate an off-highway vehicle on
568	577		public off-highway vehicle land [property] or a beach unless the
569	578		person:
570	579		(1) holds a safety certificate issued under this
571	580		chapter or under the authority of another state;
572	581		(2) is taking a safety training course under the
573	582		direct supervision of a certified off-highway vehicle safety
574	583		instructor; or
575	584		(3) is under the direct supervision of an adult who
576	585		holds a safety certificate issued under this chapter or under the
577	586		authority of another state.
578	587		(c) [(b)] A person to whom a safety certificate required by
579	588		Subsection (b) [(a)] has been issued shall:
580	589		(1) carry the certificate when the person operates an
581	590		off-highway vehicle on public off-highway vehicle land [property]
582	591		or a beach; and
583	592		(2) display the certificate at the request of any law
584	593		enforcement officer.
585	594		Sec. 551A.032 [663.032]. OPERATION ON PUBLIC OFF-HIGHWAY
586	595		VEHICLE LAND BY PERSON YOUNGER THAN 14. A person younger than 14
587	596		years of age who is operating an off-highway vehicle on public
588	597		off-highway vehicle land must be accompanied by and be under the
589	598		direct supervision of:
590	599		(1) the person's parent or guardian; or
591	600		(2) an adult who is authorized by the person's parent
592	601		or guardian.
593	602		Sec. 551A.033 [663.0371]. OPERATION ON BEACH. (a) A person
594	603		may [not] operate an off-highway vehicle on a beach only [except] as
595	604		provided by this section.
596	605		(b) A person operating an off-highway vehicle on a beach
597	606		must hold and have in the person's possession a driver's license
598	607		[issued under Chapter 521 or a commercial driver's license issued
599	608		under Chapter 522].
600	609		(c) Except as provided by Chapters 61 and 63, Natural
601	610		Resources Code, an operator of an off-highway vehicle may drive the
602	611		vehicle on a beach that is open to motor vehicle traffic.
603	612		(d) Except as provided by Chapters 61 and 63, Natural
604	613		Resources Code, a person who is authorized to operate an
605	614		off-highway vehicle that is owned by the state, a county, or a
606	615		municipality may drive the vehicle on any beach if the vehicle is
607	616		registered under Section 502.140(c) [502.140(b)].
608	617		(e) The Texas Department of Transportation or a county or
609	618		municipality may prohibit the operation of an off-highway vehicle
610	619		on a beach if the department or the governing body of the county or
611	620		municipality determines that the prohibition is necessary in the
612	621		interest of safety.
613	622		SECTION 28. Sections 663.037(b) and (c), Transportation
614	623		Code, are transferred to Subchapter C, Chapter 551A, Transportation
615	624		Code, as transferred and redesignated by this Act, redesignated as
616	625		Section 551A.034, Transportation Code, and amended to read as
617	626		follows:
618	627		Sec. 551A.034. CROSSING HIGHWAY AT POINT OTHER THAN
619	628		INTERSECTION. (a) [(b)] The operator of an off-highway vehicle
620	629		may drive the vehicle across a [public street, road, or] highway
621	630		that is not an interstate or limited-access highway at a point other
622	631		than an intersection[,] if the operator:
623	632		(1) brings the vehicle to a complete stop before
624	633		crossing the shoulder or main traveled way of the roadway;
625	634		(2) yields the right-of-way to oncoming traffic that
626	635		is an immediate hazard; and
627	636		(3) makes the crossing:
628	637		(A) at an angle of approximately 90 degrees to
629	638		the roadway;
630	639		(B) at a place where no obstruction prevents a
631	640		quick and safe crossing; and
632	641		(C) with the vehicle's headlights and taillights
633	642		lighted.
634	643		(b) Notwithstanding Subsection (a), the [(c) The] operator
635	644		of an off-highway vehicle may drive the vehicle across a divided
636	645		highway other than an interstate or limited access highway only at
637	646		an intersection of the highway with another [public street, road,
638	647		or] highway.
639	648		SECTION 29. Chapter 551A, Transportation Code, as added by
640	649		this Act, is amended by adding Subchapter D, and a heading is added
641	650		to that subchapter to read as follows:
642	651		SUBCHAPTER D. OPERATION ON HIGHWAY
643	652		SECTION 30. Sections 663.037(a) and (f), Transportation
644	653		Code, are transferred to Subchapter D, Chapter 551A, Transportation
645	654		Code, as added by this Act, redesignated as Section 551A.051,
646	655		Transportation Code, and amended to read as follows:
647	656		Sec. 551A.051. APPLICABILITY. (a) A person may [not]
648	657		operate an off-highway vehicle on a [public street, road, or]
649	658		highway only [except] as provided by this chapter [section].
650	659		(b) This subchapter [(f) Except as provided by Subsection
651	660		(g), this section] does not apply to the operation of an off-highway
652	661		vehicle that is owned and registered as authorized by Section
653	662		502.140(c) by the state, a county, or a municipality by a person who
654	663		is an authorized operator of the vehicle.
655	664		SECTION 31. Subchapter D, Chapter 551A, Transportation
656	665		Code, as added by this Act, is amended by adding Sections 551A.052,
657	666		551A.053, 551A.054, 551A.055, and 551A.056 to read as follows:
658	667		Sec. 551A.052. REGISTRATION; LICENSE PLATES. (a) Except as
659	668		provided by Section 502.140(c), the Texas Department of Motor
660	669		Vehicles may not register an off-highway vehicle for operation on a
661	670		highway regardless of whether any alteration has been made to the
662	671		vehicle.
663	672		(b) An operator may operate an unregistered off-highway
664	673		vehicle on a highway in a manner authorized by this subchapter only
665	674		if the vehicle displays a license plate issued under this section.
666	675		(c) The Texas Department of Motor Vehicles:
667	676		(1) shall by rule establish a procedure to issue
668	677		license plates for unregistered off-highway vehicles; and
669	678		(2) may charge a fee not to exceed $10 for the cost of
670	679		the license plate, to be deposited to the credit of the Texas
671	680		Department of Motor Vehicles fund.
672	681		(d) An off-highway vehicle license plate issued under
673	682		Subsection (c) does not expire. A person who becomes the owner of an
674	683		off-highway vehicle for which the previous owner obtained a license
675	684		plate may not use the previous owner's license plate.
676	685		Sec. 551A.053. OPERATION ON HIGHWAY AUTHORIZED BY
677	686		MUNICIPALITY OR CERTAIN COUNTIES. (a) In addition to the operation
678	687		authorized by Section 551A.055, the governing body of a
679	688		municipality may allow an operator to operate an unregistered
680	689		off-highway vehicle on all or part of a highway that:
681	690		(1) is in the corporate boundaries of the
682	691		municipality; and
683	692		(2) has a posted speed limit of not more than 35 miles
684	693		per hour.
685	694		(b) In addition to the operation authorized by Section
686	695		551A.055, the commissioners court of a county described by
687	696		Subsection (c) may allow an operator to operate an unregistered
688	697		off-highway vehicle on all or part of a highway that:
689	698		(1) is located in the unincorporated area of the
690	699		county; and
691	700		(2) has a posted speed limit of not more than 35 miles
692	701		per hour.
693	702		(c) Subsection (b) applies only to a county that:
694	703		(1) borders or contains a portion of the Red River;
695	704		(2) borders or contains a portion of the Guadalupe
696	705		River and contains a part of a barrier island that borders the Gulf
697	706		of Mexico; or
698	707		(3) is adjacent to a county described by Subdivision
699	708		(2) and:
700	709		(A) has a population of less than 37,000; and
701	710		(B) contains a part of a barrier island or
702	711		peninsula that borders the Gulf of Mexico.
703	712		Sec. 551A.054. PROHIBITION OF OPERATION IN CERTAIN AREAS BY
704	713		MUNICIPALITY, COUNTY, OR DEPARTMENT. (a) A county or municipality
705	714		may prohibit the operation of an unregistered off-highway vehicle
706	715		on a highway under Section 551A.055 if the governing body of the
707	716		county or municipality determines that the prohibition is necessary
708	717		in the interest of safety.
709	718		(b) The Texas Department of Transportation may prohibit the
710	719		operation of an unregistered off-highway vehicle on a highway under
711	720		Section 551A.055 if that department determines that the prohibition
712	721		is necessary in the interest of safety.
713	722		Sec. 551A.055. OPERATION AUTHORIZED IN CERTAIN AREAS. An
714	723		operator may operate an unregistered off-highway vehicle:
715	724		(1) in a master planned community:
716	725		(A) that has in place a uniform set of
717	726		restrictive covenants; and
718	727		(B) for which a county or municipality has
719	728		approved a plat; or
720	729		(2) on a highway for which the posted speed limit is
721	730		not more than 35 miles per hour, if the off-highway vehicle is
722	731		operated:
723	732		(A) during the daytime; and
724	733		(B) not more than two miles from the location
725	734		where the off-highway vehicle is usually parked and for
726	735		transportation to or from a golf course.
727	736		Sec. 551A.056. CROSSING INTERSECTIONS. An unregistered
728	737		off-highway vehicle may cross a highway at an intersection,
729	738		including an intersection with a highway that has a posted speed
730	739		limit of more than 35 miles per hour.
731	740		SECTION 32. Sections 663.037(d) and (g), Transportation
732	741		Code, as amended by Chapters 125 (H.B. 920) and 1052 (H.B. 1956),
733	742		Acts of the 85th Legislature, Regular Session, 2017, are
734	743		transferred to Subchapter D, Chapter 551A, Transportation Code, as
735	744		added by this Act, redesignated as Sections 551A.057 and 551A.058,
736	745		Transportation Code, and reenacted and amended to read as follows:
737	746		Sec. 551A.057. AGRICULTURAL OR UTILITY OPERATION ON
738	747		HIGHWAY. (a) [(d)] The operator of an unregistered off-highway
739	748		vehicle may operate [drive] the vehicle on a [public street, road,
740	749		or] highway that is not an interstate or limited-access highway if:
741	750		(1) the transportation is in connection with:
742	751		(A) the production, cultivation, care,
743	752		harvesting, preserving, drying, processing, canning, storing,
744	753		handling, shipping, marketing, selling, or use of agricultural
745	754		products, as defined by Section 52.002, Agriculture Code; or
746	755		(B) utility work performed by a utility;
747	756		(2) the operator attaches to the back of the vehicle a
748	757		triangular orange flag that is at least six feet above ground level;
749	758		(3) the vehicle's headlights and taillights are
750	759		illuminated;
751	760		(4) [the operator holds a driver's license, as defined
752	761		by Section 521.001;
753	762		[(5)] the operation of the vehicle occurs in the
754	763		daytime; and
755	764		(5) [(6)] the operation of the vehicle does not exceed
756	765		a distance of 25 miles from the point of origin to the destination.
757	766		(b) Notwithstanding Section 551A.052, an off-highway
758	767		vehicle operated under this section is not required to display a
759	768		license plate.
760	769		Sec. 551A.058. LAW ENFORCEMENT OPERATION. (a) [(g)] A
761	770		peace officer or other person who provides law enforcement,
762	771		firefighting, ambulance, medical, or other emergency services,
763	772		including a volunteer firefighter, may operate an unregistered
764	773		off-highway vehicle on a [public street, road, or] highway that is
765	774		not an interstate or limited-access highway [only] if:
766	775		(1) the transportation is in connection with the
767	776		performance of the operator's official duty;
768	777		(2) the operator attaches to the back of the vehicle a
769	778		triangular orange flag that is at least six feet above ground level;
770	779		(3) the vehicle's headlights and taillights are
771	780		illuminated; and
772	781		(4) [the operator holds a driver's license, as defined
773	782		by Section 521.001; and
774	783		[(5)] the operation of the vehicle does not exceed a
775	784		distance of 10 miles from the point of origin to the destination.
776	785		(b) Notwithstanding Section 551A.052, an off-highway
777	786		vehicle operated under this section is not required to display a
778	787		license plate.
779	788		SECTION 33. Section 663.037(d-1), Transportation Code, is
780	789		transferred to Section 551A.057, Transportation Code, as added by
781	790		this Act, redesignated as Section 551A.057(c), Transportation
782	791		Code, and amended to read as follows:
783	792		(c) [(d-1)] Provisions of this code regarding helmet and
784	793		eye protection use, safety certification, and other vehicular
785	794		restrictions do not apply to the operation of an off-highway
786	795		vehicle under this section [Subsection (d)].
787	796		SECTION 34. Section 663.037(e), Transportation Code, is
788	797		transferred to Subchapter D, Chapter 551A, Transportation Code, as
789	798		added by this Act, redesignated as Section 551A.059, Transportation
790	799		Code, and amended to read as follows:
791	800		Sec. 551A.059. FLAG STANDARDS. [(e)] The director of the
792	801		Department of Public Safety shall adopt standards and
793	802		specifications that apply to the color, size, and mounting position
794	803		of the flags [flag] required under Sections 551A.057 and 551A.058
795	804		[Subsections (d)(2) and (g)(2)].
796	805		SECTION 35. Chapter 551A, Transportation Code, as added by
797	806		this Act, is amended by adding Subchapter E, and a heading is added
798	807		to that subchapter to read as follows:
799	808		SUBCHAPTER E. EQUIPMENT AND SAFETY REQUIREMENTS
800	809		SECTION 36. Sections 663.033, 663.034, 663.035, and
801	810		663.036, Transportation Code, are transferred to Subchapter E,
802	811		Chapter 551A, Transportation Code, as added by this Act,
803	812		redesignated as Sections 551A.071, 551A.072, 551A.073, and
804	813		551A.074, Transportation Code, and amended to read as follows:
805	814		Sec. 551A.071 [663.033]. REQUIRED EQUIPMENT; DISPLAY OF
806	815		LIGHTS. (a) An off-highway vehicle that is operated on public
807	816		off-highway vehicle land, [property or] a beach, or a highway must
808	817		be equipped with:
809	818		(1) a brake system maintained in good operating
810	819		condition;
811	820		(2) an adequate muffler system in good working
812	821		condition; and
813	822		(3) a United States Forest Service qualified spark
814	823		arrester.
815	824		(b) An off-highway vehicle that is operated on public
816	825		off-highway vehicle land, [property or] a beach, or a highway must
817	826		display a lighted headlight and taillight:
818	827		(1) during the period from one-half hour after sunset
819	828		to one-half hour before sunrise; and
820	829		(2) at any time when visibility is reduced because of
821	830		insufficient light or atmospheric conditions.
822	831		(c) A person may not operate an off-highway vehicle on
823	832		public off-highway vehicle land, [property or] a beach, or a
824	833		highway if:
825	834		(1) the vehicle has an exhaust system that has been
826	835		modified with a cutout, bypass, or similar device; or
827	836		(2) the spark arrester has been removed or modified,
828	837		unless the vehicle is being operated in a closed-course competition
829	838		event.
830	839		(d) The coordinator may exempt off-highway vehicles that
831	840		are participating in certain competitive events from the
832	841		requirements of this section.
833	842		Sec. 551A.072 [663.034]. SAFETY APPAREL REQUIRED. (a) A
834	843		person may not operate, ride, or be carried on an off-highway
835	844		vehicle on public off-highway vehicle land, [property or] a beach,
836	845		or a highway unless the person wears:
837	846		(1) a safety helmet that complies with United States
838	847		Department of Transportation standards; [and]
839	848		(2) eye protection; and
840	849		(3) seat belts, if the vehicle is equipped with seat
841	850		belts.
842	851		(b) Subsections (a)(1) and (2) do not apply to a motor
843	852		vehicle that has four wheels, is equipped with bench or bucket seats
844	853		and seat belts, and includes a roll bar or roll cage construction to
845	854		reduce the risk of injury to an occupant of the vehicle in case of
846	855		vehicle rollover.
847	856		(c) This section does not apply to a motor vehicle that is in
848	857		the process of being loaded into or unloaded from a trailer or
849	858		another vehicle used to transport the vehicle.
850	859		Sec. 551A.073 [663.035]. RECKLESS OR CARELESS OPERATION
851	860		PROHIBITED. A person may not operate an off-highway vehicle on
852	861		public off-highway vehicle land [property] or a beach in a careless
853	862		or reckless manner that endangers, injures, or damages any person
854	863		or property.
855	864		Sec. 551A.074 [663.036]. CARRYING PASSENGERS. A person may
856	865		not carry a passenger on an off-highway vehicle operated on public
857	866		off-highway vehicle land, [property or] a beach, or a highway
858	867		unless the vehicle is designed by the manufacturer to transport a
859	868		passenger.
860	869		SECTION 37. Chapter 551A, Transportation Code, as added by
861	870		this Act, is amended by adding Subchapter F, and a heading is added
862	871		to that subchapter to read as follows:
863	872		SUBCHAPTER F. CERTAIN OFFENSES
864	873		SECTION 38. Section 663.038, Transportation Code, is
865	874		transferred to Subchapter F, Chapter 551A, Transportation Code, as
866	875		added by this Act, redesignated as Section 551A.091, Transportation
867	876		Code, and amended to read as follows:
868	877		Sec. 551A.091 [663.038]. VIOLATION OF CHAPTER ON PUBLIC
869	878		OFF-HIGHWAY VEHICLE LAND OR BEACH[; OFFENSE]. An [(a) A person
870	879		commits an offense if the person violates a provision of this
871	880		chapter.
872	881		[(b) Except as otherwise provided by Title 6 or this title,
873	882		an] offense for a violation of [under] this chapter committed on
874	883		public off-highway vehicle land or a beach [section] is a Class C
875	884		misdemeanor.
876	885		SECTION 39. Section 601.052(a), Transportation Code, is
877	886		amended to read as follows:
878	887		(a) Section 601.051 does not apply to:
879	888		(1) the operation of a motor vehicle that:
880	889		(A) is a former military vehicle or is at least 25
881	890		years old;
882	891		(B) is used only for exhibitions, club
883	892		activities, parades, and other functions of public interest and not
884	893		for regular transportation; and
885	894		(C) for which the owner files with the department
886	895		an affidavit, signed by the owner, stating that the vehicle is a
887	896		collector's item and used only as described by Paragraph (B);
888	897		(2) [the operation of] a neighborhood electric vehicle
889	898		that is operated only as authorized by Section 551.304;
890	899		(2-a) [or] a golf cart that is operated only as
891	900		authorized by Section [551.304 or] 551.403;
892	901		(2-b) an off-highway vehicle that is operated only as
893	902		authorized by Subchapter C, Chapter 551A, or Section 551A.055 of
894	903		this code or Chapter 29, Parks and Wildlife Code; or
895	904		(3) a volunteer fire department for the operation of a
896	905		motor vehicle the title of which is held in the name of a volunteer
897	906		fire department.
898	907		SECTION 40. The heading to Subtitle G, Title 7,
899	908		Transportation Code, is amended to read as follows:
900	909		SUBTITLE G. MOTORCYCLES [AND OFF-HIGHWAY VEHICLES]
901	910		SECTION 41. The following provisions are repealed:
902	911		(1) Sections 63.002(4-a) and (4-b), Natural Resources
903	912		Code;
904	913		(2) Section 29.011, Parks and Wildlife Code;
905	914		(3) Sections 502.001(1), (18), and (37), and
906	915		551.451(1), (6), and (7), Transportation Code;
907	916		(4) the heading to Section 663.037, Transportation
908	917		Code; and
909	918		(5) the heading to Chapter 663, Transportation Code.
910	919		SECTION 42. The change in law made by this Act applies only
911	920		to an offense committed on or after the effective date of this Act.
912	921		An offense committed before the effective date of this Act is
913	922		governed by the law in effect on the date the offense was committed,
914	923		and the former law is continued in effect for that purpose. For
915	924		purposes of this section, an offense was committed before the
916	925		effective date of this Act if any element of the offense occurred
917	926		before that date.
918	927		SECTION 43. This Act takes effect immediately if it
919	928		receives a vote of two-thirds of all the members elected to each
920	929		house, as provided by Section 39, Article III, Texas Constitution.
921	930		If this Act does not receive the vote necessary for immediate
922	931		effect, this Act takes effect September 1, 2019.
923		-	______________________________ ______________________________
924		-	President of the Senate Speaker of the House
925		-	I certify that H.B. No. 1548 was passed by the House on May 2,
926		-	2019, by the following vote: Yeas 142, Nays 0, 1 present, not
927		-	voting; and that the House concurred in Senate amendments to H.B.
928		-	No. 1548 on May 24, 2019, by the following vote: Yeas 142, Nays 0,
929		-	2 present, not voting.
930		-	______________________________
931		-	Chief Clerk of the House
932		-	I certify that H.B. No. 1548 was passed by the Senate, with
933		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
934		-	0.
935		-	______________________________
936		-	Secretary of the Senate
937		-	APPROVED: __________________
938		-	Date
939		-	__________________
940		-	Governor
	932	+	* * * * *