1 | 1 | | 86R13949 JXC-D |
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2 | 2 | | By: Fallon S.B. No. 2359 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the operation of off-highway vehicles on a public |
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8 | 8 | | street, road, or highway. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 502.001, Transportation Code, is amended |
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11 | 11 | | by adding Subdivision (44-a) to read as follows: |
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12 | 12 | | (44-a) "Utility vehicle" has the meaning assigned by |
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13 | 13 | | Section 663.001. |
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14 | 14 | | SECTION 2. Section 502.140, Transportation Code, is amended |
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15 | 15 | | to read as follows: |
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16 | 16 | | Sec. 502.140. CERTAIN OFF-HIGHWAY VEHICLES. (a) Except as |
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17 | 17 | | otherwise provided by Subsection (b), a person may not register an |
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18 | 18 | | all-terrain vehicle, [or] a recreational off-highway vehicle, or a |
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19 | 19 | | utility vehicle, with or without design alterations, for operation |
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20 | 20 | | on a public highway. |
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21 | 21 | | (b) The state, a county, or a municipality may register an |
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22 | 22 | | all-terrain vehicle, [or] a recreational off-highway vehicle, or a |
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23 | 23 | | utility vehicle that is owned by the state, county, or municipality |
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24 | 24 | | for operation on a public beach or highway to maintain public safety |
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25 | 25 | | and welfare. |
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26 | 26 | | (c) [(d)] Section 504.401 does not apply to an all-terrain |
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27 | 27 | | vehicle, [or] a recreational off-highway vehicle, or a utility |
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28 | 28 | | vehicle. |
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29 | 29 | | [(e) An all-terrain vehicle or recreational off-highway |
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30 | 30 | | vehicle that is owned by the state, a county, or a municipality and |
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31 | 31 | | operated in compliance with Section 663.037 does not require |
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32 | 32 | | registration under Subsection (b).] |
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33 | 33 | | SECTION 3. The heading to Section 663.037, Transportation |
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34 | 34 | | Code, is amended to read as follows: |
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35 | 35 | | Sec. 663.037. OPERATION ON PUBLIC ROADWAY [PROHIBITED]. |
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36 | 36 | | SECTION 4. Sections 663.037(a) and (f), Transportation |
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37 | 37 | | Code, are amended to read as follows: |
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38 | 38 | | (a) A person may [not] operate an off-highway vehicle on a |
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39 | 39 | | public street, road, or highway only [except] as provided by this |
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40 | 40 | | section and Section 663.0372. |
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41 | 41 | | (f) This [Except as provided by Subsection (g), this] |
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42 | 42 | | section does not apply to the operation of an off-highway vehicle |
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43 | 43 | | that is registered under Section 502.140(b) [owned by the state, a |
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44 | 44 | | county, or a municipality by a person who is an authorized operator |
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45 | 45 | | of the vehicle]. |
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46 | 46 | | SECTION 5. Subchapter C, Chapter 663, Transportation Code, |
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47 | 47 | | is amended by adding Section 663.0372 to read as follows: |
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48 | 48 | | Sec. 663.0372. OPERATION ON PUBLIC ROADWAY IN CERTAIN |
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49 | 49 | | COUNTIES. (a) In addition to operation authorized by Sections |
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50 | 50 | | 663.037 and 502.140(b), an off-highway vehicle may be operated on a |
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51 | 51 | | public street, road, or highway in a county with a population of |
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52 | 52 | | less than 150,000 in a manner authorized in that location for the |
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53 | 53 | | operation of a neighborhood electric vehicle. |
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54 | 54 | | (b) If the Texas Department of Motor Vehicles adopts rules |
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55 | 55 | | relating to the registration of and issuance of license plates for |
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56 | 56 | | neighborhood electric vehicles under Section 551.302, the |
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57 | 57 | | department must adopt corresponding rules for off-highway vehicles |
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58 | 58 | | operating under this section. |
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59 | 59 | | SECTION 6. The change in law made by this Act applies only |
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60 | 60 | | to an offense committed on or after the effective date of this Act. |
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61 | 61 | | An offense committed before the effective date of this Act is |
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62 | 62 | | governed by the law in effect on the date the offense was committed, |
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63 | 63 | | and the former law is continued in effect for that purpose. For |
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64 | 64 | | purposes of this section, an offense was committed before the |
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65 | 65 | | effective date of this Act if any element of the offense occurred |
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66 | 66 | | before that date. |
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67 | 67 | | SECTION 7. This Act takes effect September 1, 2019. |
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