86R13949 JXC-D
By: Fallon S.B. No. 2359
A BILL TO BE ENTITLED
AN ACT
relating to the operation of off-highway vehicles on a public
street, road, or highway.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.001, Transportation Code, is amended
by adding Subdivision (44-a) to read as follows:
(44-a) "Utility vehicle" has the meaning assigned by
Section 663.001.
SECTION 2. Section 502.140, Transportation Code, is amended
to read as follows:
Sec. 502.140. CERTAIN OFF-HIGHWAY VEHICLES. (a) Except as
otherwise provided by Subsection (b), a person may not register an
all-terrain vehicle, [or] a recreational off-highway vehicle, or a
utility vehicle, with or without design alterations, for operation
on a public highway.
(b) The state, a county, or a municipality may register an
all-terrain vehicle, [or] a recreational off-highway vehicle, or a
utility vehicle that is owned by the state, county, or municipality
for operation on a public beach or highway to maintain public safety
and welfare.
(c) [(d)] Section 504.401 does not apply to an all-terrain
vehicle, [or] a recreational off-highway vehicle, or a utility
vehicle.
[(e) An all-terrain vehicle or recreational off-highway
vehicle that is 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 3. The heading to Section 663.037, Transportation
Code, is amended to read as follows:
Sec. 663.037. OPERATION ON PUBLIC ROADWAY [PROHIBITED].
SECTION 4. Sections 663.037(a) and (f), Transportation
Code, are amended to read as follows:
(a) A person may [not] operate an off-highway vehicle on a
public street, road, or highway only [except] as provided by this
section and Section 663.0372.
(f) This [Except as provided by Subsection (g), this]
section does not apply to the operation of an off-highway vehicle
that is registered under Section 502.140(b) [owned by the state, a
county, or a municipality by a person who is an authorized operator
of the vehicle].
SECTION 5. Subchapter C, Chapter 663, Transportation Code,
is amended by adding Section 663.0372 to read as follows:
Sec. 663.0372. OPERATION ON PUBLIC ROADWAY IN CERTAIN
COUNTIES. (a) In addition to operation authorized by Sections
663.037 and 502.140(b), an off-highway vehicle may be operated on a
public street, road, or highway in a county with a population of
less than 150,000 in a manner authorized in that location for the
operation of a neighborhood electric vehicle.
(b) If the Texas Department of Motor Vehicles adopts rules
relating to the registration of and issuance of license plates for
neighborhood electric vehicles under Section 551.302, the
department must adopt corresponding rules for off-highway vehicles
operating under this section.
SECTION 6. 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 7. This Act takes effect September 1, 2019.