H.B. No. 1548
AN ACT
relating to the operation of golf carts, neighborhood electric
vehicles, and off-highway vehicles; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 57.002(7), Business & Commerce Code, is
amended to read as follows:
(7) "Equipment":
(A) means machinery, equipment, or implements or
attachments to the machinery, equipment, or implements used for, or
in connection with, any of the following purposes:
(i) lawn, garden, golf course, landscaping,
or grounds maintenance;
(ii) planting, cultivating, irrigating,
harvesting, or producing agricultural or forestry products;
(iii) raising, feeding, or tending to
livestock, [or] harvesting products from livestock, or any other
activity in connection with those activities; or
(iv) industrial, construction,
maintenance, mining, or utility activities or applications; and
(B) does not mean:
(i) trailers or self-propelled vehicles
designed primarily for the transportation of persons or property on
a street or highway; or
(ii) [all-terrain vehicles, utility task
vehicles, or recreational] off-highway vehicles.
SECTION 2. Section 75.001(3), Civil Practice and Remedies
Code, is amended to read as follows:
(3) "Recreation" means an activity such as:
(A) hunting;
(B) fishing;
(C) swimming;
(D) boating;
(E) camping;
(F) picnicking;
(G) hiking;
(H) pleasure driving, including off-road
motorcycling and off-road automobile driving and the use of
[all-terrain vehicles and recreational] off-highway vehicles;
(I) nature study, including bird-watching;
(J) cave exploration;
(K) waterskiing and other water sports;
(L) any other activity associated with enjoying
nature or the outdoors;
(M) bicycling and mountain biking;
(N) disc golf;
(O) on-leash and off-leash walking of dogs; or
(P) radio control flying and related activities.
SECTION 3. Section 2158.001(2), Government Code, is amended
to read as follows:
(2) "Golf cart" has the meaning assigned by Section
551.401 [502.001], Transportation Code.
SECTION 4. Section 392.001(3), Health and Safety Code, is
amended to read as follows:
(3) "Golf cart" has the meaning assigned by Section
551.401 [502.001], Transportation Code.
SECTION 5. Section 61.011(d), Natural Resources Code, is
amended to read as follows:
(d) The commissioner shall promulgate rules, consistent
with the policies established in this section, on the following
matters only:
(1) acquisition by local governments or other
appropriate entities or public dedication of access ways sufficient
to provide adequate public ingress and egress to and from the beach
within the area described in Subdivision (6);
(2) protection of the public easement from erosion or
reduction caused by development or other activities on adjacent
land and beach cleanup and maintenance;
(3) local government prohibitions of vehicular
traffic on public beaches, provision of off-beach parking, the use
on a public beach of a golf cart, as defined by Section 551.401
[502.001], Transportation Code, for the transportation of a person
with a physical disability, and other minimum measures needed to
mitigate for any adverse effect on public access and dune areas;
(4) imposition of beach access, user, or parking fees
and reasonable exercises of the police power by local governments
with respect to public beaches;
(5) contents and certification of beach access and use
plans and standards for local government review of construction on
land adjacent to and landward of public beaches, including
procedures for expedited review of beach access and use plans under
Section 61.015;
(6) construction on land adjacent to and landward of
public beaches and lying in the area either up to the first public
road generally parallel to the beach or to any closer public road
not parallel to the beach, or to within 1,000 feet of mean high
tide, whichever is greater, that affects or may affect public
access to and use of public beaches;
(7) the temporary suspension under Section 61.0185 of
enforcement of the prohibition against encroachments on and
interferences with the public beach easement and the ability of a
property owner to make repairs to a house while a suspension is in
effect;
(8) the determination of the line of vegetation or
natural line of vegetation;
(9) the factors to be considered in determining
whether a structure, improvement, obstruction, barrier, or hazard
on the public beach:
(A) constitutes an imminent hazard to safety,
health, or public welfare; or
(B) substantially interferes with the free and
unrestricted right of the public to enter or leave the public beach
or traverse any part of the public beach;
(10) the procedures for determining whether a
structure is not insurable property for purposes of Section
2210.004, Insurance Code, because of the factors listed in
Subsection (h) of that section;
(11) the closure of beaches for space flight
activities; and
(12) the temporary suspension under Section 61.0171 of
the determination of the "line of vegetation" or the "natural line
of vegetation."
SECTION 6. Section 63.002(4), Natural Resources Code, is
amended to read as follows:
(4) "Recreational vehicle" means a dune buggy, marsh
buggy, minibike, trail bike, jeep, [all-terrain vehicle,
recreational] off-highway vehicle, as defined by Section 551A.001,
Transportation Code, or any other mechanized vehicle that is being
used for recreational purposes, but does not include a vehicle that
is not being used for recreational purposes.
SECTION 7. Section 29.001, Parks and Wildlife Code, is
amended to read as follows:
Sec. 29.001. DEFINITION. In this chapter, "off-highway
vehicle" means:
(1) an off-highway vehicle, as defined by Section
551A.001 [all-terrain vehicle, as defined by Section 502.001],
Transportation Code;
(2) an off-highway motorcycle; or
(3) [a recreational off-highway vehicle, as defined by
Section 502.001, Transportation Code; and
[(4)] any other motorized vehicle used for off-highway
recreation on:
(A) public land over which the department has
authority or on land purchased or leased by the department; or
(B) land acquired or developed under a grant made
under Section 29.008 or any other grant program operated or
administered by the department.
SECTION 8. Section 501.002(17), Transportation Code, is
amended to read as follows:
(17) "Motor vehicle" means:
(A) any motor driven or propelled vehicle
required to be registered under the laws of this state;
(B) a trailer or semitrailer, other than
manufactured housing, that has a gross vehicle weight that exceeds
4,000 pounds;
(C) a travel trailer;
(D) an off-highway vehicle, as defined by Section
551A.001 [all-terrain vehicle or a recreational off-highway
vehicle, as those terms are defined by Section 502.001, designed by
the manufacturer for off-highway use that is not required to be
registered under the laws of this state]; or
(E) a motorcycle, motor-driven cycle, or moped
that is not required to be registered under the laws of this state.
SECTION 9. Section 502.140, Transportation Code, is amended
to read as follows:
Sec. 502.140. CERTAIN OFF-HIGHWAY VEHICLES. (a) In this
section, "off-highway vehicle" has the meaning assigned by Section
551A.001.
(b) Except as provided by Subsection (c) [(b)], the
department [a person] may not register an [all-terrain vehicle or a
recreational] off-highway vehicle, with or without design
alterations, for operation on a public highway.
(c) [(b)] The department [state, a county, or a
municipality] may register an [all-terrain vehicle or a
recreational] off-highway vehicle that is owned by the state,
county, or municipality for operation on a public beach or highway
to maintain public safety and welfare.
(d) Section 504.401 does not apply to an [all-terrain
vehicle or a recreational] off-highway vehicle.
(e) An [all-terrain vehicle or recreational] off-highway
vehicle that is registered under this section:
(1) is not subject to the requirements of Subchapter
D, Chapter 551A; and
(2) is subject to the requirements of Subchapter E,
Chapter 551A [owned by the state, a county, or a municipality and
operated in compliance with Section 663.037 does not require
registration under Subsection (b)].
SECTION 10. Section 504.002, Transportation Code, is
amended to read as follows:
Sec. 504.002. GENERAL PROVISIONS. (a) Unless expressly
provided by this chapter or by department rule:
(1) except for license plates specified as exempt, the
fee for issuance of a license plate, including replacement plates,
is in addition to each other fee that is paid for at the time of the
registration of the motor vehicle and shall be deposited to the
credit of the Texas Department of Motor Vehicles fund;
(2) if the registration period is greater than 12
months, the expiration date of a specialty license plate, symbol,
tab, or other device shall be aligned with the registration period,
and the specialty plate fee shall be adjusted pro rata, except that
if the statutory annual fee for a specialty license plate is $5 or
less, it may not be prorated;
(3) the department is the exclusive owner of the
design of each license plate;
(4) if a license plate is lost, stolen, or mutilated,
an application for a replacement plate must be accompanied by the
fee prescribed by Section 502.060; and
(5) the department shall prepare the designs and
specifications of license plates.
(b) If necessary to cover the costs of issuing license
plates for golf carts under Section 551.402 or off-highway vehicles
under Section 551A.052, the department may charge an administrative
fee, in an amount established by the department by rule, for the
issuance of a golf cart or off-highway vehicle license plate.
SECTION 11. Section 547.001, Transportation Code, is
amended by amending Subdivision (2-a) and adding Subdivisions (11)
and (12) to read as follows:
(2-a) "Golf cart" has the meaning assigned by Section
551.401 [502.001].
(11) "Neighborhood electric vehicle" has the meaning
assigned by Section 551.301.
(12) "Off-highway vehicle" has the meaning assigned by
Section 551A.001.
SECTION 12. Section 547.002, Transportation Code, is
amended to read as follows:
Sec. 547.002. APPLICABILITY. Unless a provision is
specifically made applicable, this chapter and the rules of the
department adopted under this chapter do not apply to:
(1) an implement of husbandry;
(2) road machinery;
(3) a road roller;
(4) a farm tractor;
(5) a bicycle, a bicyclist, or bicycle equipment;
(6) an electric bicycle, an electric bicyclist, or
electric bicycle equipment; [or]
(7) a golf cart;
(8) a neighborhood electric vehicle; or
(9) an off-highway vehicle [that is operated only as
authorized by Section 551.403].
SECTION 13. Section 547.703(d), Transportation Code, is
amended to read as follows:
(d) A golf cart, neighborhood electric vehicle, or
off-highway vehicle that is operated at a speed of not more than 25
miles per hour is required to display a slow-moving-vehicle emblem
when it is operated on a [public] highway[, as defined by Section
502.001, under Section 551.403 or 551.404].
SECTION 14. Section 548.052, Transportation Code, is
amended to read as follows:
Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
chapter does not apply to:
(1) a trailer, semitrailer, pole trailer, or mobile
home moving under or bearing a current factory-delivery license
plate or current in-transit license plate;
(2) a vehicle moving under or bearing a paper dealer
in-transit tag, machinery license, disaster license, parade
license, prorate tab, one-trip permit, vehicle temporary transit
permit, antique license, custom vehicle license, street rod
license, temporary 24-hour permit, or permit license;
(3) a trailer, semitrailer, pole trailer, or mobile
home having an actual gross weight or registered gross weight of
7,500 pounds or less;
(4) farm machinery, road-building equipment, a farm
trailer, or a vehicle required to display a slow-moving-vehicle
emblem under Section 547.703;
(5) a former military vehicle, as defined by Section
504.502;
(6) a vehicle qualified for a tax exemption under
Section 152.092, Tax Code; or
(7) a vehicle for which a certificate of title has been
issued but that is not required to be registered, including an
off-highway vehicle registered under Section 502.140(c).
SECTION 15. The heading to Chapter 551, Transportation
Code, is amended to read as follows:
CHAPTER 551. OPERATION OF BICYCLES AND[,] MOPEDS, GOLF CARTS, AND
OTHER LOW-POWERED [PLAY] VEHICLES
SECTION 16. Section 551.401, Transportation Code, is
amended to read as follows:
Sec. 551.401. DEFINITION [DEFINITIONS]. In this
subchapter, "golf cart" means a motor vehicle designed by the
manufacturer primarily for use on a golf course[:
[(1) "Golf cart" and "public highway" have the
meanings assigned by Section 502.001].
SECTION 17. Section 551.402, Transportation Code, is
amended to read as follows:
Sec. 551.402. REGISTRATION NOT AUTHORIZED; LICENSE PLATES.
(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) A person may operate a golf cart on a highway in a manner
authorized by this subchapter only if the vehicle displays a
license plate issued under this section.
(c) [(b)] The Texas Department of Motor Vehicles:
(1) shall by rule establish a procedure to [may] issue
license plates for golf carts; and
(2) [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, to be
deposited to the credit of the Texas Department of Motor Vehicles
fund.
(d) A golf cart license plate does not expire. A person who
becomes the owner of a golf cart for which the previous owner
obtained a license plate may not use the previous owner's license
plate.
SECTION 18. Subchapter F, Chapter 551, Transportation Code,
is amended by amending Section 551.403 and adding Section 551.4031
to read as follows:
Sec. 551.403. [LIMITED] OPERATION AUTHORIZED IN CERTAIN
AREAS. [(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 that is open to
vehicular traffic; 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.
Sec. 551.4031. PROHIBITION OF OPERATION ON HIGHWAY BY
MUNICIPALITY, COUNTY, OR DEPARTMENT. (a) A county or municipality
may prohibit the operation of a golf cart on a highway under Section
551.404 if the governing body of the county or municipality
determines that the prohibition is necessary in the interest of
safety.
(b) The Texas Department of Transportation [or a county or
municipality] may prohibit the operation of a golf cart on a
[public] highway under Section 551.404 if the department [or the
governing body of the county or municipality] determines that the
prohibition is necessary in the interest of safety.
SECTION 19. Subchapter F, Chapter 551, Transportation Code,
is amended by amending Section 551.404 and adding Section 551.4041
to read as follows:
Sec. 551.404. OPERATION ON HIGHWAY AUTHORIZED BY
MUNICIPALITY OR [IN MUNICIPALITIES AND] CERTAIN COUNTIES. (a) In
addition to the operation authorized by Section 551.403, the
governing body of a municipality may allow an operator to operate a
golf cart 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.
(b) [(a-1)] In addition to the operation authorized by
Section 551.403, the commissioners court of a county described by
Subsection (c) [(a-2)] may allow an operator to operate a golf cart
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.
(c) Subsection (b) [(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 37,000; and
(B) contains a part of a barrier island or
peninsula that borders the Gulf of Mexico.
Sec. 551.4041. EQUIPMENT. [(b)] A golf cart operated under
Section 551.404 [this section] must have the following equipment:
(1) headlamps;
(2) taillamps;
(3) reflectors;
(4) parking brake; and
(5) mirrors.
SECTION 20. Section 551.405, Transportation Code, is
amended to read as follows:
Sec. 551.405. CROSSING INTERSECTIONS [CERTAIN ROADWAYS]. A
golf cart may cross a highway at an intersection [intersections],
including an intersection with a highway [road or street] that has a
posted speed limit of more than 35 miles per hour.
SECTION 21. Section 551.451, Transportation Code, is
amended by amending Subdivision (2) and adding Subdivision (4-a) to
read as follows:
(2) "Golf cart" has the meaning assigned by Section
551.401 [502.001].
(4-a) "Off-highway vehicle" has the meaning assigned by
Section 551A.001.
SECTION 22. Section 551.452(a), Transportation Code, is
amended to read as follows:
(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, or an
off-highway 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.
SECTION 23. Section 551.457, Transportation Code, is
amended to read as follows:
Sec. 551.457. CONFLICTS. In the case of a conflict between
this subchapter and other law, including Chapters 502 and 551A
[663], this subchapter controls.
SECTION 24. Subtitle C, Title 7, Transportation Code, is
amended by adding Chapter 551A, and a heading is added to that
chapter to read as follows:
CHAPTER 551A. OFF-HIGHWAY VEHICLES
SECTION 25. Subchapters A and B, Chapter 663,
Transportation Code, are transferred to Chapter 551A,
Transportation Code, as added by this Act, redesignated as
Subchapters A and B, Chapter 551A, Transportation Code, and amended
to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 551A.001 [663.001]. DEFINITIONS. In this chapter:
(1) "All-terrain vehicle" means a motor vehicle that
is:
(A) equipped with a seat or seats for the use of:
(i) the rider; and
(ii) a passenger, if the motor vehicle is
designed by the manufacturer to transport a passenger;
(B) designed to propel itself with three or more
tires in contact with the ground;
(C) designed by the manufacturer for off-highway
use;
(D) not designed by the manufacturer primarily
for farming or lawn care; and
(E) not more than 50 inches wide.
(2) [(1-a)] "Beach" means a beach area, publicly or
privately owned, that borders the seaward shore of the Gulf of
Mexico.
(3) [(1-b)] "Off-highway vehicle" means[:
[(A)] an all-terrain vehicle, [or] recreational
off-highway vehicle, [as those terms are defined by Section
502.001;] or
[(B) a] utility vehicle.
(4) [(2)] "Public off-highway vehicle land
[property]" means land on which off-highway recreation is
authorized under Chapter 29, Parks and Wildlife Code [property
owned or leased by the state or a political subdivision of the
state].
(5) "Recreational off-highway vehicle" means a motor
vehicle that is:
(A) equipped with a seat or seats for the use of:
(i) the rider; and
(ii) a passenger or passengers, if the
vehicle is designed by the manufacturer to transport a passenger or
passengers;
(B) designed to propel itself with four or more
tires in contact with the ground;
(C) designed by the manufacturer for off-highway
use by the operator only; and
(D) not designed by the manufacturer primarily
for farming or lawn care.
(6) [(4)] "Utility vehicle" means a motor vehicle that
is not a golf cart, as defined by Section 551.401 [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.
Sec. 551A.002 [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 vehicle on public off-highway vehicle land [registered
for off-highway operation].
(b) Chapter 1001, Education Code, does not apply to
instruction in the operation of an off-highway vehicle provided
under the operator education and certification program established
by this chapter.
SUBCHAPTER B. OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND
CERTIFICATION FOR OPERATION ON PUBLIC LAND OR BEACH
Sec. 551A.011 [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
vehicle operator education and certification program.
Sec. 551A.012 [663.012]. PURPOSE OF PROGRAM. The purpose
of the off-highway vehicle operator education and certification
program is to make available courses in basic training and safety
skills relating to the operation of off-highway vehicles and to
issue safety certificates to operators who successfully complete
the educational program requirements or pass a test established
under the program.
Sec. 551A.013 [663.013]. OFF-HIGHWAY VEHICLE SAFETY
COORDINATOR. (a) The designated division or state agency shall
employ an off-highway vehicle safety coordinator.
(b) The coordinator shall supervise the off-highway 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 vehicle
safety organizations.
Sec. 551A.014 [663.014]. CONTRACTS. To administer the
education program and certify off-highway vehicle operators, the
designated division or state agency may contract with nonprofit
safety organizations, nonprofit educational organizations, or
agencies of local governments.
Sec. 551A.015 [663.015]. TEACHING AND TESTING METHODS. (a)
If the off-highway 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 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 vehicle.
Sec. 551A.016 [663.016]. FEE FOR COURSE. A person may
charge, for a course under the off-highway vehicle operator
education and certification program, a fee that is reasonably
related to the costs of administering the course.
Sec. 551A.017 [663.017]. DENIAL, SUSPENSION, OR
CANCELLATION OF APPROVAL. (a) The designated division or state
agency may deny, suspend, or cancel its approval for a program
sponsor to conduct or for an instructor to teach a course offered
under this chapter if the applicant, sponsor, or instructor:
(1) does not satisfy the requirements established
under this chapter to receive or retain approval;
(2) permits fraud or engages in fraudulent practices
with reference to an application to the division or agency;
(3) induces or countenances fraud or fraudulent
practices by a person applying for a driver's license or permit;
(4) permits or engages in a fraudulent practice in an
action between the applicant or license holder and the public; or
(5) fails to comply with rules of the division or
agency.
(b) Before the designated division or agency may deny,
suspend, or cancel the approval of a program sponsor or an
instructor, notice and opportunity for a hearing must be given as
provided by:
(1) Chapter 2001, Government Code; and
(2) Chapter 53, Occupations Code.
Sec. 551A.018 [663.018]. RULES. The designated division or
state agency may adopt rules to administer this chapter.
Sec. 551A.019 [663.019]. EXEMPTIONS. The designated
division or state agency by rule may temporarily exempt the
residents of any county from Section 551A.015 [663.015] or from
Section 551A.031(b)(1) [663.031(a)(1)] until the appropriate
education and certification program is established at a location
that is reasonably accessible to the residents of that county.
SECTION 26. The heading to Subchapter C, Chapter 663,
Transportation Code, is transferred to Chapter 551A,
Transportation Code, as added by this Act, redesignated as
Subchapter C, Chapter 551A, Transportation Code, and amended to
read as follows:
SUBCHAPTER C. OFF-HIGHWAY OPERATION OF OFF-HIGHWAY VEHICLES
SECTION 27. Sections 663.031, 663.032, and 663.0371,
Transportation Code, are transferred to Subchapter C, Chapter 551A,
Transportation Code, as transferred and redesignated by this Act,
redesignated as Sections 551A.031, 551A.032, and 551A.033,
Transportation Code, and amended to read as follows:
Sec. 551A.031 [663.031]. OPERATION ON PUBLIC LAND OR BEACH;
SAFETY CERTIFICATE REQUIRED. (a) A person may not operate an
off-highway vehicle on land owned or leased by the state or a
political subdivision of the state that is not open to vehicular
traffic unless:
(1) the land is public off-highway vehicle land; and
(2) the operation is in compliance with:
(A) this chapter; and
(B) Chapter 29, Parks and Wildlife Code.
(b) A person may not operate an off-highway vehicle on
public off-highway vehicle land [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 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.
(c) [(b)] A person to whom a safety certificate required by
Subsection (b) [(a)] has been issued shall:
(1) carry the certificate when the person operates an
off-highway vehicle on public off-highway vehicle land [property]
or a beach; and
(2) display the certificate at the request of any law
enforcement officer.
Sec. 551A.032 [663.032]. OPERATION ON PUBLIC OFF-HIGHWAY
VEHICLE LAND BY PERSON YOUNGER THAN 14. A person younger than 14
years of age who is operating an off-highway vehicle on public
off-highway vehicle land 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.
Sec. 551A.033 [663.0371]. OPERATION ON BEACH. (a) A person
may [not] operate an off-highway vehicle on a beach only [except] as
provided by this section.
(b) A person operating an off-highway 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 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 vehicle that is owned by the state, a county, or a
municipality may drive the vehicle on any beach if the vehicle is
registered under Section 502.140(c) [502.140(b)].
(e) The Texas Department of Transportation or a county or
municipality may prohibit the operation of an off-highway 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 28. Sections 663.037(b) and (c), Transportation
Code, are transferred to Subchapter C, Chapter 551A, Transportation
Code, as transferred and redesignated by this Act, redesignated as
Section 551A.034, Transportation Code, and amended to read as
follows:
Sec. 551A.034. CROSSING HIGHWAY AT POINT OTHER THAN
INTERSECTION. (a) [(b)] The operator of an off-highway vehicle
may drive the vehicle across a [public street, road, or] highway
that is not an interstate or limited-access highway at a point other
than an intersection[,] 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.
(b) Notwithstanding Subsection (a), the [(c) The] operator
of an off-highway 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.
SECTION 29. Chapter 551A, Transportation Code, as added by
this Act, is amended by adding Subchapter D, and a heading is added
to that subchapter to read as follows:
SUBCHAPTER D. OPERATION ON HIGHWAY
SECTION 30. Sections 663.037(a) and (f), Transportation
Code, are transferred to Subchapter D, Chapter 551A, Transportation
Code, as added by this Act, redesignated as Section 551A.051,
Transportation Code, and amended to read as follows:
Sec. 551A.051. APPLICABILITY. (a) A person may [not]
operate an off-highway vehicle on a [public street, road, or]
highway only [except] as provided by this chapter [section].
(b) This subchapter [(f) Except as provided by Subsection
(g), this section] does not apply to the operation of an off-highway
vehicle that is owned and registered as authorized by Section
502.140(c) by the state, a county, or a municipality by a person who
is an authorized operator of the vehicle.
SECTION 31. Subchapter D, Chapter 551A, Transportation
Code, as added by this Act, is amended by adding Sections 551A.052,
551A.053, 551A.054, 551A.055, and 551A.056 to read as follows:
Sec. 551A.052. REGISTRATION; LICENSE PLATES. (a) Except as
provided by Section 502.140(c), the Texas Department of Motor
Vehicles may not register an off-highway vehicle for operation on a
highway regardless of whether any alteration has been made to the
vehicle.
(b) An operator may operate an unregistered off-highway
vehicle on a highway in a manner authorized by this subchapter only
if the vehicle displays a license plate issued under this section.
(c) The Texas Department of Motor Vehicles:
(1) shall by rule establish a procedure to issue
license plates for unregistered off-highway vehicles; and
(2) may charge a fee not to exceed $10 for the cost of
the license plate, to be deposited to the credit of the Texas
Department of Motor Vehicles fund.
(d) An off-highway vehicle license plate issued under
Subsection (c) does not expire. A person who becomes the owner of an
off-highway vehicle for which the previous owner obtained a license
plate may not use the previous owner's license plate.
Sec. 551A.053. OPERATION ON HIGHWAY AUTHORIZED BY
MUNICIPALITY OR CERTAIN COUNTIES. (a) In addition to the operation
authorized by Section 551A.055, the governing body of a
municipality may allow an operator to operate an unregistered
off-highway vehicle on all or part of a 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.
(b) In addition to the operation authorized by Section
551A.055, the commissioners court of a county described by
Subsection (c) may allow an operator to operate an unregistered
off-highway vehicle on all or part of a highway that:
(1) is located in the unincorporated area of the
county; and
(2) has a posted speed limit of not more than 35 miles
per hour.
(c) Subsection (b) 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 37,000; and
(B) contains a part of a barrier island or
peninsula that borders the Gulf of Mexico.
Sec. 551A.054. PROHIBITION OF OPERATION IN CERTAIN AREAS BY
MUNICIPALITY, COUNTY, OR DEPARTMENT. (a) A county or municipality
may prohibit the operation of an unregistered off-highway vehicle
on a highway under Section 551A.055 if the governing body of the
county or municipality determines that the prohibition is necessary
in the interest of safety.
(b) The Texas Department of Transportation may prohibit the
operation of an unregistered off-highway vehicle on a highway under
Section 551A.055 if that department determines that the prohibition
is necessary in the interest of safety.
Sec. 551A.055. OPERATION AUTHORIZED IN CERTAIN AREAS. An
operator may operate an unregistered off-highway vehicle:
(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; or
(2) on a highway for which the posted speed limit is
not more than 35 miles per hour, if the off-highway vehicle is
operated:
(A) during the daytime; and
(B) not more than two miles from the location
where the off-highway vehicle is usually parked and for
transportation to or from a golf course.
Sec. 551A.056. CROSSING INTERSECTIONS. An unregistered
off-highway vehicle may cross a highway at an intersection,
including an intersection with a highway that has a posted speed
limit of more than 35 miles per hour.
SECTION 32. Sections 663.037(d) and (g), Transportation
Code, as amended by Chapters 125 (H.B. 920) and 1052 (H.B. 1956),
Acts of the 85th Legislature, Regular Session, 2017, are
transferred to Subchapter D, Chapter 551A, Transportation Code, as
added by this Act, redesignated as Sections 551A.057 and 551A.058,
Transportation Code, and reenacted and amended to read as follows:
Sec. 551A.057. AGRICULTURAL OR UTILITY OPERATION ON
HIGHWAY. (a) [(d)] The operator of an unregistered off-highway
vehicle may operate [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 a
triangular orange flag that is at least six feet above ground level;
(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 vehicle occurs in the
daytime; and
(5) [(6)] the operation of the vehicle does not exceed
a distance of 25 miles from the point of origin to the destination.
(b) Notwithstanding Section 551A.052, an off-highway
vehicle operated under this section is not required to display a
license plate.
Sec. 551A.058. LAW ENFORCEMENT OPERATION. (a) [(g)] A
peace officer or other person who provides law enforcement,
firefighting, ambulance, medical, or other emergency services,
including a volunteer firefighter, may operate an unregistered
off-highway 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 operator's official duty;
(2) the operator attaches to the back of the vehicle a
triangular orange flag that is at least six feet above ground level;
(3) the vehicle's headlights and taillights are
illuminated; and
(4) [the operator holds a driver's license, as defined
by Section 521.001; and
[(5)] the operation of the vehicle does not exceed a
distance of 10 miles from the point of origin to the destination.
(b) Notwithstanding Section 551A.052, an off-highway
vehicle operated under this section is not required to display a
license plate.
SECTION 33. Section 663.037(d-1), Transportation Code, is
transferred to Section 551A.057, Transportation Code, as added by
this Act, redesignated as Section 551A.057(c), Transportation
Code, and amended to read as follows:
(c) [(d-1)] Provisions of this code regarding helmet and
eye protection use, safety certification, and other vehicular
restrictions do not apply to the operation of an off-highway
vehicle under this section [Subsection (d)].
SECTION 34. Section 663.037(e), Transportation Code, is
transferred to Subchapter D, Chapter 551A, Transportation Code, as
added by this Act, redesignated as Section 551A.059, Transportation
Code, and amended to read as follows:
Sec. 551A.059. FLAG STANDARDS. [(e)] The director of the
Department of Public Safety shall adopt standards and
specifications that apply to the color, size, and mounting position
of the flags [flag] required under Sections 551A.057 and 551A.058
[Subsections (d)(2) and (g)(2)].
SECTION 35. Chapter 551A, Transportation Code, as added by
this Act, is amended by adding Subchapter E, and a heading is added
to that subchapter to read as follows:
SUBCHAPTER E. EQUIPMENT AND SAFETY REQUIREMENTS
SECTION 36. Sections 663.033, 663.034, 663.035, and
663.036, Transportation Code, are transferred to Subchapter E,
Chapter 551A, Transportation Code, as added by this Act,
redesignated as Sections 551A.071, 551A.072, 551A.073, and
551A.074, Transportation Code, and amended to read as follows:
Sec. 551A.071 [663.033]. REQUIRED EQUIPMENT; DISPLAY OF
LIGHTS. (a) An off-highway vehicle that is operated on public
off-highway vehicle land, [property or] a beach, or a highway 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 vehicle that is operated on public
off-highway vehicle land, [property or] a beach, or a highway 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 vehicle on
public off-highway vehicle land, [property or] a beach, or a
highway 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 vehicles that
are participating in certain competitive events from the
requirements of this section.
Sec. 551A.072 [663.034]. SAFETY APPAREL REQUIRED. (a) A
person may not operate, ride, or be carried on an off-highway
vehicle on public off-highway vehicle land, [property or] a beach,
or a highway unless the person wears:
(1) a safety helmet that complies with United States
Department of Transportation standards; [and]
(2) eye protection; and
(3) seat belts, if the vehicle is equipped with seat
belts.
(b) Subsections (a)(1) and (2) do not apply to a motor
vehicle that has four wheels, is equipped with bench or bucket seats
and seat belts, and includes a roll bar or roll cage construction to
reduce the risk of injury to an occupant of the vehicle in case of
vehicle rollover.
(c) This section does not apply to a motor vehicle that is in
the process of being loaded into or unloaded from a trailer or
another vehicle used to transport the vehicle.
Sec. 551A.073 [663.035]. RECKLESS OR CARELESS OPERATION
PROHIBITED. A person may not operate an off-highway vehicle on
public off-highway vehicle land [property] or a beach in a careless
or reckless manner that endangers, injures, or damages any person
or property.
Sec. 551A.074 [663.036]. CARRYING PASSENGERS. A person may
not carry a passenger on an off-highway vehicle operated on public
off-highway vehicle land, [property or] a beach, or a highway
unless the vehicle is designed by the manufacturer to transport a
passenger.
SECTION 37. Chapter 551A, Transportation Code, as added by
this Act, is amended by adding Subchapter F, and a heading is added
to that subchapter to read as follows:
SUBCHAPTER F. CERTAIN OFFENSES
SECTION 38. Section 663.038, Transportation Code, is
transferred to Subchapter F, Chapter 551A, Transportation Code, as
added by this Act, redesignated as Section 551A.091, Transportation
Code, and amended to read as follows:
Sec. 551A.091 [663.038]. VIOLATION OF CHAPTER ON PUBLIC
OFF-HIGHWAY VEHICLE LAND OR BEACH[; OFFENSE]. An [(a) A person
commits an offense if the person violates a provision of this
chapter.
[(b) Except as otherwise provided by Title 6 or this title,
an] offense for a violation of [under] this chapter committed on
public off-highway vehicle land or a beach [section] is a Class C
misdemeanor.
SECTION 39. Section 601.052(a), Transportation Code, is
amended to read as follows:
(a) Section 601.051 does not apply to:
(1) the operation of a motor vehicle that:
(A) is a former military vehicle or is at least 25
years old;
(B) is used only for exhibitions, club
activities, parades, and other functions of public interest and not
for regular transportation; and
(C) for which the owner files with the department
an affidavit, signed by the owner, stating that the vehicle is a
collector's item and used only as described by Paragraph (B);
(2) [the operation of] a neighborhood electric vehicle
that is operated only as authorized by Section 551.304;
(2-a) [or] a golf cart that is operated only as
authorized by Section [551.304 or] 551.403;
(2-b) an off-highway vehicle that is operated only as
authorized by Subchapter C, Chapter 551A, or Section 551A.055 of
this code or Chapter 29, Parks and Wildlife Code; or
(3) a volunteer fire department for the operation of a
motor vehicle the title of which is held in the name of a volunteer
fire department.
SECTION 40. The heading to Subtitle G, Title 7,
Transportation Code, is amended to read as follows:
SUBTITLE G. MOTORCYCLES [AND OFF-HIGHWAY VEHICLES]
SECTION 41. The following provisions are repealed:
(1) Sections 63.002(4-a) and (4-b), Natural Resources
Code;
(2) Section 29.011, Parks and Wildlife Code;
(3) Sections 502.001(1), (18), and (37), and
551.451(1), (6), and (7), Transportation Code;
(4) the heading to Section 663.037, Transportation
Code; and
(5) the heading to Chapter 663, Transportation Code.
SECTION 42. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 43. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1548 was passed by the House on May 2,
2019, by the following vote: Yeas 142, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1548 on May 24, 2019, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1548 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor