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AN ACT
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relating to the registration and operation of certain motor |
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vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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) a recreational off-highway vehicle, as defined by |
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Section 502.001, Transportation Code; and |
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(4) 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. |
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SECTION 2. The heading to Section 29.011, Parks and |
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Wildlife Code, is amended to read as follows: |
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Sec. 29.011. SAFETY APPAREL REQUIRED; SEAT BELTS. |
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SECTION 3. Section 29.011, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) A person may not operate, ride, or be carried on an |
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off-highway vehicle on public 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; and |
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(3) seat belts, if the vehicle is equipped with seat |
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belts. |
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(c) This section does not apply to a motor vehicle that: |
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(1) has at least four wheels and is registered by the |
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Texas Department of Transportation for use on a public highway, |
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unless the vehicle is an all-terrain vehicle as defined by Section |
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502.001, Transportation Code; |
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(2) has four wheels and is equipped with bench or |
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bucket seats and seat belts and includes a roll bar or roll cage |
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construction to reduce the risk of injury to an occupant of the |
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vehicle in case of the vehicle's rollover; or |
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(3) is in the process of being loaded into or unloaded |
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from a trailer or another vehicle used to transport the motor |
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vehicle. |
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SECTION 4. Section 501.002(14), Transportation Code, is |
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amended to read as follows: |
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(14) "Motor vehicle" means: |
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(A) any motor driven or propelled vehicle |
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required to be registered under the laws of this state; |
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(B) a trailer or semitrailer, other than |
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manufactured housing, that has a gross vehicle weight that exceeds |
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4,000 pounds; |
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(C) a house trailer; |
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(D) an all-terrain vehicle or a recreational |
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off-highway vehicle, as those terms are defined by Section 502.001, |
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designed by the manufacturer for off-highway use that is not |
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required to be registered under the laws of this state; or |
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(E) a motorcycle, motor-driven cycle, or moped |
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that is not required to be registered under the laws of this state, |
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other than a motorcycle, motor-driven cycle, or moped designed for |
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and used exclusively on a golf course. |
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SECTION 5. Section 502.001, Transportation Code, is amended |
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by amending Subdivision (1) and adding Subdivision (19-a) to read |
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as follows: |
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(1) "All-terrain vehicle" means a motor vehicle that |
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is: |
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(A) equipped with a saddle[, 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; 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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(19-a) "Recreational off-highway vehicle" means a |
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motor vehicle that is: |
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(A) equipped with a non-straddle seat for the use |
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of: |
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(i) the rider; and |
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(ii) a passenger, if the vehicle is |
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designed by the manufacturer to transport a passenger; |
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(B) designed to propel itself with four 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 6. Section 502.006, Transportation Code, is amended |
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to read as follows: |
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Sec. 502.006. CERTAIN OFF-HIGHWAY [ALL-TERRAIN] VEHICLES. |
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(a) Except as provided by Subsection (b), a person may not register |
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an all-terrain vehicle or a recreational off-highway vehicle, with |
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or without design alterations, for operation on a public highway. |
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(b) The state, a county, or a municipality may register an |
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all-terrain vehicle or a recreational off-highway vehicle for |
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operation on a public beach or highway to maintain public safety and |
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welfare. |
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(c) A recreational off-highway vehicle registered as |
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provided by Subsection (b) may be operated on a public or private |
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beach in the same manner as a golf cart may be operated on a public |
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or private beach under Section 502.0071. The operator must hold and |
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have in the operator's possession a driver's license issued under |
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Chapter 521 or a commercial driver's license issued under Chapter |
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522. |
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(d) [(e)] Section 502.172 does not apply to an all-terrain |
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vehicle or a recreational off-highway vehicle. |
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SECTION 7. Section 547.001, Transportation Code, is amended |
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by adding Subsection (2-a) to read as follows: |
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(2-a) "Golf cart" has the meaning assigned by Section |
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502.001. |
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SECTION 8. Section 547.002, Transportation Code, is amended |
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to read as follows: |
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Sec. 547.002. APPLICABILITY. Unless a provision is |
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specifically made applicable, this chapter and the rules of the |
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department adopted under this chapter do not apply to: |
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(1) an implement of husbandry; |
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(2) road machinery; |
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(3) a road roller; |
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(4) a farm tractor; |
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(5) a bicycle, a bicyclist, or bicycle equipment; |
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(6) an electric bicycle, an electric bicyclist, or |
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electric bicycle equipment; or |
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(7) a golf cart that is operated only as authorized by |
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[not required to be registered under] Section 551.403 [502.284]. |
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SECTION 9. Subsection (d), Section 547.703, Transportation |
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Code, is amended to read as follows: |
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(d) A golf cart that is operated at a speed of not more than |
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25 miles per hour [as defined by Section 502.001] is required to |
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display a slow-moving-vehicle emblem [only] when it is operated on |
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a public highway, as defined by Section 502.001, under Section |
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551.403 or 551.404 [an arterial street]. |
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SECTION 10. Chapter 551, Transportation Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. GOLF CARTS |
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Sec. 551.401. DEFINITIONS. In this subchapter, "golf cart" |
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and "public highway" have the meanings assigned by Section 502.001. |
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Sec. 551.402. REGISTRATION NOT AUTHORIZED. (a) The Texas |
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Department of Transportation may not register a golf cart for |
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operation on a public highway regardless of whether any alteration |
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has been made to the golf cart. |
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(b) The department may issue license plates for a golf cart |
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only as authorized by Section 504.510. |
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Sec. 551.403. LIMITED OPERATION. (a) An operator may |
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operate a golf cart: |
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(1) in a master planned community: |
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(A) that has in place a uniform set of |
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restrictive covenants; and |
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(B) for which a county or municipality has |
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approved a plat; |
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(2) on a public or private beach; or |
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(3) on a public highway for which the posted speed |
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limit is not more than 35 miles per hour, if the golf cart is |
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operated: |
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(A) during the daytime; and |
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(B) not more than two miles from the location |
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where the golf cart is usually parked and for transportation to or |
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from a golf course. |
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(b) The Texas Department of Transportation or a county or |
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municipality may prohibit the operation of a golf cart on a public |
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highway if the department or the governing body of the county or |
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municipality determines that the prohibition is necessary in the |
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interest of safety. |
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Sec. 551.404. OPERATION IN MUNICIPALITIES. (a) In |
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addition to the operation authorized by Section 551.403, the |
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governing body of a municipality may allow an operator to operate a |
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golf cart on all or part of a public highway that: |
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(1) is in the corporate boundaries of the |
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municipality; and |
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(2) has a posted speed limit of not more than 35 miles |
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per hour. |
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(b) A golf cart operated under Subsection (a) must have the |
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following equipment: |
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(1) headlamps; |
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(2) taillamps; |
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(3) reflectors; |
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(4) parking brake; and |
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(5) mirrors. |
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Sec. 551.405. CROSSING CERTAIN ROADWAYS. A golf cart may |
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cross intersections, including a road or street that has a posted |
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speed limit of more than 35 miles per hour. |
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SECTION 11. Subsection (a), Section 601.052, |
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Transportation Code, is amended to read as follows: |
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(a) Section 601.051 does not apply to: |
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(1) the operation of a motor vehicle that: |
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(A) is a former military vehicle or is at least 25 |
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years old; |
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(B) is used only for exhibitions, club |
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activities, parades, and other functions of public interest and not |
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for regular transportation; and |
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(C) for which the owner files with the department |
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an affidavit, signed by the owner, stating that the vehicle is a |
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collector's item and used only as described by Paragraph (B); |
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(2) the operation of a golf cart that is operated only |
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as authorized by [not required to be registered under] Section |
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551.403 [502.284]; or |
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(3) a volunteer fire department for the operation of a |
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motor vehicle the title of which is held in the name of a volunteer |
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fire department. |
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SECTION 12. The following sections of the Transportation |
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Code are repealed: |
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(1) Section 502.0071; and |
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(2) Subsection (e), Section 547.703. |
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SECTION 13. The heading to Subtitle G, Title 7, |
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Transportation Code, is amended to read as follows: |
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SUBTITLE G. MOTORCYCLES AND OFF-HIGHWAY [ALL-TERRAIN] VEHICLES |
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SECTION 14. The heading to Chapter 663, Transportation |
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Code, is amended to read as follows: |
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CHAPTER 663. CERTAIN OFF-HIGHWAY [ALL-TERRAIN] VEHICLES |
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SECTION 15. Section 663.001, Transportation Code, is |
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amended by adding Subdivision (3) to read as follows: |
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(3) "Recreational off-highway vehicle" has the |
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meaning assigned by Section 502.001. |
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SECTION 16. Subchapter A, Chapter 663, Transportation Code, |
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is amended by adding Section 663.003 to read as follows: |
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Sec. 663.003. RECREATIONAL OFF-HIGHWAY VEHICLES. This |
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chapter applies to the operator and operation of a recreational |
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off-highway vehicle in the same manner as if the recreational |
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off-highway vehicle were an all-terrain vehicle. |
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SECTION 17. Section 502.160, Transportation Code, is |
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amended to read as follows: |
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Sec. 502.160. FEE: MOTORCYCLE OR MOPED. The fee for a |
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registration year for registration of a motorcycle or moped is $30. |
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SECTION 18. The heading to Section 502.161, Transportation |
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Code, is amended to read as follows: |
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Sec. 502.161. FEE: VEHICLES THAT WEIGH 6,000 POUNDS OR LESS |
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[PASSENGER CAR, MUNICIPAL BUS, PRIVATE BUS]. |
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SECTION 19. Subsection (a), Section 502.161, |
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Transportation Code, is amended to read as follows: |
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(a) The fee for a registration year for registration of a |
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vehicle with a gross weight of [passenger car, a municipal bus, or a
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private bus that weighs] 6,000 pounds or less is $50.75, unless |
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otherwise provided in this chapter[:
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[(1)
$40.50 for a vehicle the model year of which is
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more than six years before the year in which the registration year
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begins;
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[(2)
$50.50 for a vehicle the model year of which is
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more than three years but is six years or less before the year in
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which the registration year begins; or
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[(3)
$58.50 for a vehicle the model year of which is
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three years or less before the year in which the registration year
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begins]. |
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SECTION 20. The heading to Section 502.162, Transportation |
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Code, is amended to read as follows: |
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Sec. 502.162. FEE: VEHICLES THAT WEIGH MORE THAN 6,000 |
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POUNDS [COMMERCIAL MOTOR VEHICLE OR TRUCK-TRACTOR]. |
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SECTION 21. Subsection (a), Section 502.162, |
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Transportation Code, is amended to read as follows: |
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(a) The fee for a registration year for registration of a |
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vehicle with a gross weight of more than 6,000 pounds is [commercial
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motor vehicle or truck-tractor is $25 plus an amount determined
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according to the vehicle's gross weight and tire equipment,] as |
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follows unless otherwise provided in this chapter: |
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Weight Classification |
Fee Schedule |
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[Gross weight
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Fee for each 100 pounds or
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[in pounds
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fraction of 100 pounds
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[Equipped with
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Equipped with
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[pneumatic tires
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solid tires
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[10,001-17,000
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0.715
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0.88
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[31,001 and over
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0.99
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1.32] |
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SECTION 22. Section 502.165, Transportation Code, is |
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amended to read as follows: |
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Sec. 502.165. FEE: ROAD TRACTOR. The fee for a registration |
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year for registration of a road tractor is the fee prescribed by |
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[$25 plus an amount determined according to the vehicle's] weight |
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as certified by a public weigher or a license and weight inspector |
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of the Department of Public Safety under Section 502.161 or |
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502.162, as applicable.[, as follows:
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[pounds
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fraction of 100 pounds
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SECTION 23. The heading to Section 502.166, Transportation |
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Code, is amended to read as follows: |
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Sec. 502.166. FEE: TRAILER, TRAVEL TRAILER, OR SEMITRAILER. |
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SECTION 24. Section 502.166, Transportation Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) The fee for a registration year for registration of a |
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trailer, travel trailer, or semitrailer with a [is $25 plus an
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amount determined according to the vehicle's] gross weight of 6,000 |
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pounds or less is $45.00. |
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(a-1) The fee for a registration year for registration of a |
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trailer, travel trailer, or semitrailer with a gross weight of more |
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than 6,000 pounds is calculated by gross weight according to |
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Section 502.162. [and tire equipment, as follows:
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[Gross weight
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Fee for each 100 pounds or
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[in pounds
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fraction of 100 pounds
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[Equipped with
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Equipped with
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[pneumatic tires
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solid tires
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[17,001 and over
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0.715
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0.99] |
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SECTION 25. Subsections (a), (b), and (c), Section 502.167, |
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Transportation Code, are amended to read as follows: |
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(a) This section applies only to a truck-tractor or |
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commercial motor vehicle with a gross weight [manufacturer's rated
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carrying capacity] of more than 10,000 pounds [one ton] that is used |
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or is to be used in combination with a semitrailer that has a gross |
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weight of more than 6,000 pounds. |
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(b) The [Notwithstanding Section 502.162, the] fee for a |
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registration year for registration of a truck-tractor or commercial |
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motor vehicle is calculated by gross weight according to Section |
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502.162. [$40 plus an amount determined according to the combined
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gross weight of the vehicles, as follows:
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[Combined gross weight
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or
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[in pounds
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fraction of 100 pounds
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(c) The [Notwithstanding Section 502.166, the] fee for a |
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registration year for registration of a semitrailer used in the |
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manner described by Subsection (a), regardless of the date the |
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semitrailer is registered, is: |
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(1) $30, for a semitrailer being propelled by a power |
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unit for which a permit under Section 623.011 has been issued; or |
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(2) $15, for a semitrailer being propelled by a power |
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unit for which a permit under Section 623.011 has not been issued. |
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SECTION 26. Section 502.168, Transportation Code, is |
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amended to read as follows: |
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Sec. 502.168. FEE: MOTOR BUS. The fee for a registration |
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year for registration of a motor bus is the fee prescribed by |
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Section 502.161 or 502.162, as applicable. [$25 plus an amount
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determined according to the vehicle's gross weight, as follows:
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[in pounds
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fraction of 100 pounds
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SECTION 27. Subsection (b), Section 502.1705, |
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Transportation Code, is amended to read as follows: |
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(b) The department may use money collected under this |
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section to provide for or enhance [perform one or more of the
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following]: |
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(1) [enhancing the department's automated
|
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registration and title system;
|
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[(2)
providing for the automated on-site production of
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registration insignia; or
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[(3) providing for] automated on-premises and |
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off-premises [self-service] registration; and |
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(2) services related to the titling of vehicles. |
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SECTION 28. The heading to Section 502.184, Transportation |
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Code, is amended to read as follows: |
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Sec. 502.184. REPLACEMENT OF [LOST, STOLEN, OR MUTILATED
|
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LICENSE PLATE OR] REGISTRATION INSIGNIA. |
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SECTION 29. Subsections (a), (b), (e), and (f), Section |
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502.184, Transportation Code, are amended to read as follows: |
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(a) The owner of a registered motor vehicle may obtain [from
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the department through the county assessor-collector replacement
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license plates or] a replacement registration insignia by: |
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(1) certifying [filing with the assessor-collector a
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statement:
|
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[(A)
showing that one or both of the license
|
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plates or the registration insignia to be replaced has been lost,
|
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stolen, or mutilated; and
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[(B) stating] that the replacement [no license
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plate or] registration insignia [to be replaced] will not be used on |
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any other vehicle owned or operated by the person making the |
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statement; |
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(2) paying a fee of $6 [$5] plus the fees required by |
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Section [Sections 502.170(a) and] 502.1705(a) for [each set of
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replacement license plates or] each replacement registration |
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insignia, except as provided by other law [Subsection (b), (c), or
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(i)]; and |
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(3) returning [to the assessor-collector] each |
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replaced [plate or] registration insignia in the owner's |
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possession. |
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(b) No fee is required under this section if the replacement |
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fee for a license plate has been paid under Section 502.1841 [for
|
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the replacement of lost, stolen, or mutilated specialized license
|
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plates issued under Sections 504.308 and 504.315(e) and (f)]. [The
|
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fee for replacement of certain specialized license plates is:
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|
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[License plates issued under:
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Fee:
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(e) A county assessor-collector may not issue [replacement
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license plates or] a replacement registration insignia without |
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complying with this section. |
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(f) A county assessor-collector shall retain $2.50 of each |
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fee collected under this section and shall report and send the |
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remainder to the department [as provided by Sections 502.102 and
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502.105]. |
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SECTION 30. Subchapter D, Chapter 502, Transportation Code, |
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is amended by adding Section 502.1841 to read as follows: |
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Sec. 502.1841. REPLACEMENT LICENSE PLATES. (a) The owner |
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of a registered motor vehicle may obtain replacement license plates |
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for the vehicle by: |
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(1) certifying that the replacement plates will not be |
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used on any other vehicle owned or operated by the person making the |
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statement; |
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(2) paying a fee of $6 plus the fee required by Section |
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502.1705(a) for each set of replacement license plates, unless |
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otherwise specified by law; and |
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(3) returning to the department each license plate in |
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the owner's possession for which a replacement license plate is |
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obtained. |
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(b) Replacement license plates may not be issued except as |
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provided by this section. |
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(c) A county assessor-collector shall retain $2.50 of each |
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fee collected under this section and forward the remainder of the |
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fee to the department. |
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(d) The fee required by this section applies to the issuance |
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of license plates for a transferred used vehicle for which the |
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registration and license plates were not transferred under |
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Subchapter I. |
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SECTION 31. Subsection (d), Section 504.101, |
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Transportation Code, is amended to read as follows: |
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(d) The department may not issue a replacement set of |
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personalized license plates to the same person before the sixth |
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anniversary of the date of issuance unless the applicant for |
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issuance of replacement plates pays the [an additional] fee |
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required by Section 502.1841 [of $30]. |
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SECTION 32. Section 504.501, Transportation Code, is |
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amended to read as follows: |
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Sec. 504.501. CLASSIC MOTOR VEHICLES AND TRAVEL TRAILERS. |
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(a) The department shall issue specialty license plates for a motor |
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vehicle that is at least 25 years old. The license plates must |
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include the word "Classic" [words "Classic Auto," "Classic
|
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Motorcycle," or "Classic Truck"] or a similar designation, as |
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appropriate. |
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(b) A person eligible for the license plates may instead use |
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license plates that were issued by this state in the same year as |
|
the model year of the vehicle and are approved by the department if |
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the plates are approved for the vehicle before January 1, 2011. The |
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department may require the attachment of a registration insignia to |
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the license plate in a manner that does not affect the display of |
|
information originally on the license plate. |
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(c) There is no [The] fee for issuance or approval of |
|
license plates under this section [is $15]. |
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SECTION 33. Subsection (c), Section 504.505, |
|
Transportation Code, is amended to read as follows: |
|
(c) There is no [The initial] fee for issuance of the |
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license plates [is $8]. The license plates may be renewed without |
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payment of a fee. |
|
SECTION 34. Subsection (b), Section 504.507, |
|
Transportation Code, is amended to read as follows: |
|
(b) There is no [The] fee for issuance of the license plates |
|
[is $8]. The department shall: |
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(1) [also] collect any [additional] fee that a county |
|
imposes under this chapter for registration of a forestry vehicle; |
|
and |
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(2) send the fee to the appropriate county for |
|
disposition. |
|
SECTION 35. Subsection (b), Section 504.508, |
|
Transportation Code, is amended to read as follows: |
|
(b) There is no [The] fee for issuance of the license plates |
|
[is $15]. |
|
SECTION 36. Section 504.509, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 504.509. VEHICLES CARRYING MOBILE AMATEUR RADIO |
|
EQUIPMENT. [(a)] The department shall issue specialty license |
|
plates for a person who holds an amateur radio station license |
|
issued by the Federal Communications Commission and who operates |
|
receiving and transmitting mobile amateur radio equipment. The |
|
license plates shall include the person's amateur call letters as |
|
assigned by the Federal Communications Commission. A person may |
|
register more than one vehicle equipped with mobile amateur radio |
|
equipment under this section, and the department shall issue |
|
license plates that include the same amateur call letters for each |
|
vehicle. |
|
[(b)
The fee for issuance of the license plates is $2 for the
|
|
first year and $1 for each subsequent year.] |
|
SECTION 37. Subsection (b), Section 504.510, |
|
Transportation Code, is amended to read as follows: |
|
(b) The fee for issuance of the license plates is $6 [$10]. |
|
SECTION 38. Subsection (a), Section 504.801, |
|
Transportation Code, is amended to read as follows: |
|
(a) The department may create new specialty license plates |
|
on its own initiative or on receipt of an application from a |
|
potential sponsor. A new specialty license plate created under |
|
this section must comply with each requirement of Section 504.702 |
|
unless the license is created by the department on its own |
|
initiative. The department may permit a specialty license plate |
|
created under this section to be personalized. The redesign of an |
|
existing specialty license plate at the request of a sponsor shall |
|
be treated like the issuance of a new specialty license plate, |
|
except that the department may require a nonrefundable design fee |
|
[lower deposit amount to reflect the actual costs of redesigning
|
|
the license plate]. |
|
SECTION 39. The following provisions of the Transportation |
|
Code are repealed: |
|
(1) Section 502.007; |
|
(2) Subsection (b), Section 502.161; |
|
(3) Section 502.170; |
|
(4) Subsection (c), Section 502.1705; |
|
(5) Section 502.187; |
|
(6) Subsection (c), Section 502.201; |
|
(7) Section 502.453; |
|
(8) Subsection (b), Section 504.409; and |
|
(9) Section 504.5011. |
|
SECTION 40. Sections 1 through 16 of this Act take effect |
|
September 1, 2009. Sections 17 through 39 of this Act take effect |
|
September 1, 2011. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2553 was passed by the House on April |
|
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 2553 on May 29, 2009, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 2553 on May 31, 2009, by the following vote: Yeas 145, |
|
Nays 0, 1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2553 was passed by the Senate, with |
|
amendments, on May 27, 2009, by the following vote: Yeas 30, Nays |
|
1; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
2553 on June 1, 2009, by the following vote: Yeas 30, Nays 1. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |