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AN ACT
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relating to the registration of all-terrain vehicles by the Texas |
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Department of Transportation; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.001(1), Transportation Code, is |
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amended to read as follows: |
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(1) "All-terrain vehicle" means a motor vehicle that |
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is [not a golf cart and is]: |
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(A) equipped with a saddle, [or] bench, or bucket |
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seats for the use of: |
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(i) the rider; and |
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(ii) a passenger, if the motor vehicle is |
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designed by the manufacturer to transport a passenger; |
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(B) designed to propel itself with three or more |
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tires in contact with the ground; |
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(C) designed by the manufacturer for off-highway |
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use [by the operator only]; and |
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(D) not designed by the manufacturer primarily |
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for farming or lawn care. |
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SECTION 2. Section 29.001, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 29.001. DEFINITION. In this chapter, "off-highway |
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vehicle" means: |
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(1) an all-terrain vehicle, as defined by Section |
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663.001, Transportation Code; |
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(2) an off-highway motorcycle; and |
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(3) any other motorized vehicle used for off-highway |
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recreation on: |
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(A) public land over which the department has |
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authority or on land purchased or leased by the department; or |
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(B) land acquired or developed under a grant made |
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under Section 29.008 or any other grant program operated or |
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administered by the department [four-wheel drive vehicle not
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registered to be driven on a highway]. |
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SECTION 3. Section 29.003(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 29.004, a person may not |
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operate an off-highway vehicle on public land over which the |
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department has authority, on land purchased or leased by the |
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department, [a trail or in a recreational area established or
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maintained by the department under this chapter,] on other public |
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land, or on land purchased or developed under a grant made under |
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Section 29.008 or any other grant program operated or administered |
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by the department on which off-highway vehicle recreation is legal |
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without having obtained and properly mounted an off-highway vehicle |
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decal. |
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SECTION 4. Section 29.005(a), Parks and Wildlife Code, is |
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amended to read as follows: |
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(a) The department shall issue an off-highway vehicle decal |
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[to any person whose off-highway vehicle is registered under
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Section 502.006, Transportation Code,] on the payment of the fee |
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under Section 29.003(b). |
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SECTION 5. Chapter 29, Parks and Wildlife Code, is amended |
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by adding Section 29.011 to read as follows: |
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Sec. 29.011. SAFETY APPAREL REQUIRED. (a) A person may not |
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operate, ride, or be carried on an off-highway vehicle on public |
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property unless the person wears: |
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(1) a safety helmet that complies with United States |
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Department of Transportation standards; and |
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(2) eye protection. |
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(b) An offense under this section is a Class C Parks and |
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Wildlife Code misdemeanor. |
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SECTION 6. Sections 502.006(c) and (d), 502.169, 502.205, |
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and 502.406, Transportation Code, are repealed. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3849 was passed by the House on May 9, |
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2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3849 on May 23, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3849 on May 26, 2007, by the following vote: Yeas 143, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3849 was passed by the Senate, with |
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amendments, on May 21, 2007, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3849 on May 26, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |