Texas 2021 87th Regular

Texas House Bill HB1281 Engrossed / Bill

Filed 04/27/2021

                    By: Wilson H.B. No. 1281


 A BILL TO BE ENTITLED
 AN ACT
 relating to the operation of certain low-powered vehicles.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 551.304(a), Transportation Code, is
 amended to read as follows:
 (a)  An operator may operate a neighborhood electric
 vehicle:
 (1)  in a master planned community:
 (A)  that is a residential subdivision as defined
 by Section 209.002(9), Property Code;
 (B)  that has in place a uniform set of
 restrictive covenants; or
 (C)  [and
 [(B)]  for which a county or municipality has
 approved one or more plats [a plat];
 (2)  on a public or private beach; or
 (3)  on a public highway for which the posted speed
 limit is not more than 35 miles per hour, if the neighborhood
 electric vehicle is operated:
 (A)  during the daytime; and
 (B)  not more than five [two] miles from the
 location where the neighborhood electric vehicle is usually parked
 and for transportation to or from a golf course.
 SECTION 2.  Section 551.403, Transportation Code, is amended
 to read as follows:
 Sec. 551.403.  OPERATION AUTHORIZED IN CERTAIN AREAS. (a) An
 operator may operate a golf cart:
 (1)  in a master planned community:
 (A)  that is a residential subdivision as defined
 by Section 209.002(9), Property Code;
 (B)  that has in place a uniform set of
 restrictive covenants; or
 (C)  [and
 [(B)]  for which a county or municipality has
 approved one or more plats [a plat];
 (2)  on a public or private beach that is open to
 vehicular traffic; or
 (3)  on a 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 five [two] miles from the
 location where the golf cart is usually parked and for
 transportation to or from a golf course.
 (b)  Notwithstanding Section 551.402(b), a person may
 operate a golf cart in a master planned community described by
 Subsection (a) without a golf cart license plate.
 SECTION 3.  Section 551.4031, Transportation Code, is
 amended to read as follows:
 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
 551.403 [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 may prohibit the
 operation of a golf cart on a highway under Section 551.403
 [551.404] if the department determines that the prohibition is
 necessary in the interest of safety.
 SECTION 4.  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, 2021.