| 1 | | - | H.B. No. 1281 |
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| 1 | + | By: Wilson (Senate Sponsor - Schwertner) H.B. No. 1281 |
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| 2 | + | (In the Senate - Received from the House April 28, 2021; |
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| 3 | + | May 6, 2021, read first time and referred to Committee on |
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| 4 | + | Administration; May 20, 2021, reported adversely, with favorable |
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| 5 | + | Committee Substitute by the following vote: Yeas 5, Nays 0; |
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| 6 | + | May 20, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 1281 By: Schwertner |
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| 4 | 12 | | AN ACT |
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| 5 | 13 | | relating to the operation of golf carts in certain areas. |
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| 6 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 15 | | SECTION 1. Section 551.403, Transportation Code, is amended |
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| 8 | 16 | | to read as follows: |
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| 9 | 17 | | Sec. 551.403. OPERATION AUTHORIZED IN CERTAIN AREAS. (a) An |
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| 10 | 18 | | operator may operate a golf cart: |
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| 11 | 19 | | (1) in a master planned community: |
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| 12 | 20 | | (A) that is a residential subdivision as defined |
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| 13 | 21 | | by Section 209.002(9), Property Code, or has in place a uniform set |
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| 14 | 22 | | of restrictive covenants; and |
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| 15 | 23 | | (B) for which a county or municipality has |
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| 16 | 24 | | approved one or more plats [a plat]; |
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| 17 | 25 | | (2) on a public or private beach that is open to |
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| 18 | 26 | | vehicular traffic; or |
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| 19 | 27 | | (3) on a highway for which the posted speed limit is |
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| 20 | 28 | | not more than 35 miles per hour, if the golf cart is operated: |
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| 21 | 29 | | (A) during the daytime; and |
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| 22 | 30 | | (B) not more than five [two] miles from the |
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| 23 | 31 | | location where the golf cart is usually parked and for |
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| 24 | 32 | | transportation to or from a golf course. |
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| 25 | 33 | | (b) Notwithstanding Section 551.402(b), a person may |
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| 26 | 34 | | operate a golf cart in a master planned community described by |
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| 27 | 35 | | Subsection (a) without a golf cart license plate on a highway for |
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| 28 | 36 | | which the posted speed limit is not more than 35 miles per hour, |
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| 29 | 37 | | including through an intersection of a highway for which the posted |
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| 30 | 38 | | speed limit is more than 35 miles per hour. |
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| 31 | 39 | | SECTION 2. Section 551.4031, Transportation Code, is |
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| 32 | 40 | | amended to read as follows: |
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| 33 | 41 | | Sec. 551.4031. PROHIBITION OF OPERATION ON HIGHWAY BY |
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| 34 | 42 | | MUNICIPALITY, COUNTY, OR DEPARTMENT. (a) A county or municipality |
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| 35 | 43 | | may prohibit the operation of a golf cart on a highway under Section |
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| 36 | 44 | | 551.403 [551.404] if the governing body of the county or |
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| 37 | 45 | | municipality determines that the prohibition is necessary in the |
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| 38 | 46 | | interest of safety. |
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| 39 | 47 | | (b) The Texas Department of Transportation may prohibit the |
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| 40 | 48 | | operation of a golf cart on a highway under Section 551.403 |
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| 41 | 49 | | [551.404] if the department determines that the prohibition is |
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| 42 | 50 | | necessary in the interest of safety. |
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| 43 | | - | SECTION 3. Section 551.404(c), Transportation Code, is |
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| 44 | | - | amended to read as follows: |
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| 45 | | - | (c) Subsection (b) applies only to a county that: |
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| 46 | | - | (1) borders or contains a portion of the Red River; or |
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| 47 | | - | (2) [borders or contains a portion of the Guadalupe |
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| 48 | | - | River and contains a part of a barrier island that] borders the Gulf |
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| 49 | | - | of Mexico and has a population of less than 500,000[; or |
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| 50 | | - | [(3) is adjacent to a county described by Subdivision |
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| 51 | | - | (2) and: |
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| 52 | | - | [(A) has a population of less than 37,000; and |
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| 53 | | - | [(B) contains a part of a barrier island or |
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| 54 | | - | peninsula that borders the Gulf of Mexico]. |
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| 55 | | - | SECTION 4. This Act takes effect immediately if it receives |
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| 51 | + | SECTION 3. This Act takes effect immediately if it receives |
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| 60 | | - | ______________________________ ______________________________ |
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| 61 | | - | President of the Senate Speaker of the House |
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| 62 | | - | I certify that H.B. No. 1281 was passed by the House on April |
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| 63 | | - | 27, 2021, by the following vote: Yeas 144, Nays 0, 1 present, not |
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| 64 | | - | voting; that the House refused to concur in Senate amendments to |
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| 65 | | - | H.B. No. 1281 on May 27, 2021, and requested the appointment of a |
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| 66 | | - | conference committee to consider the differences between the two |
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| 67 | | - | houses; and that the House adopted the conference committee report |
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| 68 | | - | on H.B. No. 1281 on May 30, 2021, by the following vote: Yeas 143, |
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| 69 | | - | Nays 0, 2 present, not voting. |
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| 70 | | - | ______________________________ |
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| 71 | | - | Chief Clerk of the House |
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| 72 | | - | I certify that H.B. No. 1281 was passed by the Senate, with |
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| 73 | | - | amendments, on May 22, 2021, by the following vote: Yeas 29, Nays |
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| 74 | | - | 1; at the request of the House, the Senate appointed a conference |
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| 75 | | - | committee to consider the differences between the two houses; and |
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| 76 | | - | that the Senate adopted the conference committee report on H.B. No. |
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| 77 | | - | 1281 on May 29, 2021, by the following vote: Yeas 30, Nays 1. |
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| 78 | | - | ______________________________ |
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| 79 | | - | Secretary of the Senate |
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| 80 | | - | APPROVED: __________________ |
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| 81 | | - | Date |
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| 82 | | - | __________________ |
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| 83 | | - | Governor |
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| 56 | + | * * * * * |
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