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AN ACT
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relating to the operation of certain off-highway vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter F, Chapter 551, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER F. GOLF CARTS [AND UTILITY VEHICLES] |
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SECTION 2. Sections 551.404(a-1) and (b), Transportation |
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Code, are amended to read as follows: |
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(a-1) In addition to the operation authorized by Section |
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551.403, the commissioners court of a county described by |
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Subsection (a-2) may allow an operator to operate a golf cart [or
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utility vehicle] on all or part of a public highway that: |
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(1) is located in the unincorporated area of the |
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county; and |
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(2) has a speed limit of not more than 35 miles per |
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hour. |
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(b) A golf cart [or utility vehicle] operated under this |
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section must have the 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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SECTION 3. Section 663.001(3), Transportation Code, is |
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redesignated as Section 663.001(1-b), Transportation Code, and |
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amended to read as follows: |
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(1-b) [(3)] "Off-highway [Recreational off-highway] |
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vehicle" means: |
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(A) an all-terrain vehicle or recreational |
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off-highway vehicle, as those terms are defined [has the meaning
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assigned] by Section 502.001; or |
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(B) a utility vehicle. |
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SECTION 4. Section 663.001, Transportation Code, is amended |
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by adding Subdivision (4) to read as follows: |
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(4) "Utility vehicle" means a motor vehicle that is |
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not a golf cart, as defined by Section 502.001, or lawn mower and |
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is: |
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(A) equipped with side-by-side seating for the |
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use of the operator and a passenger; |
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(B) designed to propel itself with at least four |
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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 only; and |
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(D) designed by the manufacturer primarily for |
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utility work and not for recreational purposes. |
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SECTION 5. Section 663.002, Transportation Code, is amended |
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to read as follows: |
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Sec. 663.002. NONAPPLICABILITY OF CERTAIN OTHER LAWS. (a) |
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Except as provided by Sections 663.037 and 663.0371, Chapter 521 |
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does not apply to the operation or ownership of an off-highway |
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[all-terrain] vehicle registered for off-highway operation. |
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(b) Chapter 1001, Education Code [332, Acts of the 60th
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Legislature, Regular Session, 1967 (Article 4413(29c), Vernon's
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Texas Civil Statutes)], does not apply to instruction in the |
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operation of an off-highway [all-terrain] vehicle provided under |
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the operator education and certification program established by |
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this chapter. |
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SECTION 6. The heading to Subchapter B, Chapter 663, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER B. OFF-HIGHWAY [ALL-TERRAIN] VEHICLE OPERATOR |
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EDUCATION AND CERTIFICATION |
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SECTION 7. Section 663.011, Transportation Code, is amended |
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to read as follows: |
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Sec. 663.011. DESIGNATED DIVISION OR STATE AGENCY. The |
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governor shall designate a division of the governor's office or a |
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state agency to establish and administer an off-highway |
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[all-terrain] vehicle operator education and certification |
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program. |
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SECTION 8. Section 663.012, Transportation Code, is amended |
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to read as follows: |
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Sec. 663.012. PURPOSE OF PROGRAM. The purpose of the |
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off-highway [all-terrain] vehicle operator education and |
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certification program is to make available courses in basic |
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training and safety skills relating to the operation of off-highway |
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[all-terrain] vehicles and to issue safety certificates to |
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operators who successfully complete the educational program |
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requirements or pass a test established under the program. |
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SECTION 9. Section 663.013, Transportation Code, is amended |
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to read as follows: |
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Sec. 663.013. OFF-HIGHWAY [ALL-TERRAIN] VEHICLE SAFETY |
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COORDINATOR. (a) The designated division or state agency shall |
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employ an off-highway [all-terrain] vehicle safety coordinator. |
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(b) The coordinator shall supervise the off-highway |
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[all-terrain] vehicle operator education and certification program |
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and shall determine: |
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(1) locations at which courses will be offered; |
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(2) fees for the courses; |
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(3) qualifications of instructors; |
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(4) course curriculum; and |
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(5) standards for operator safety certification. |
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(c) In establishing standards for instructors, curriculum, |
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and operator certification, the coordinator shall consult and be |
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guided by standards established by recognized off-highway |
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[all-terrain] vehicle safety organizations. |
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SECTION 10. Section 663.014, Transportation Code, is |
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amended to read as follows: |
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Sec. 663.014. CONTRACTS. To administer the education |
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program and certify off-highway [all-terrain] vehicle operators, |
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the designated division or state agency may contract with nonprofit |
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safety organizations, nonprofit educational organizations, or |
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agencies of local governments. |
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SECTION 11. Section 663.015, Transportation Code, is |
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amended to read as follows: |
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Sec. 663.015. TEACHING AND TESTING METHODS. (a) If the |
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off-highway [all-terrain] vehicle safety coordinator determines |
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that vehicle operation is not feasible in a program component or at |
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a particular program location, the operator education and |
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certification program for persons who are at least 14 years of age |
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may use teaching or testing methods that do not involve the actual |
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operation of an off-highway [all-terrain] vehicle. |
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(b) An operator safety certificate may not be issued to a |
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person younger than 14 years of age unless the person has |
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successfully completed a training course that involves the actual |
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operation of an off-highway [all-terrain] vehicle. |
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SECTION 12. Section 663.016, Transportation Code, is |
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amended to read as follows: |
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Sec. 663.016. FEE FOR COURSE. A person may charge, for a |
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course under the off-highway [all-terrain] vehicle operator |
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education and certification program, a fee that is reasonably |
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related to the costs of administering the course. |
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SECTION 13. The heading to Subchapter C, Chapter 663, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER C. OPERATION OF OFF-HIGHWAY [ALL-TERRAIN] VEHICLES |
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SECTION 14. Section 663.031, Transportation Code, is |
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amended to read as follows: |
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Sec. 663.031. SAFETY CERTIFICATE REQUIRED. (a) A person |
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may not operate an off-highway [all-terrain] vehicle on public |
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property or a beach unless the person: |
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(1) holds a safety certificate issued under this |
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chapter or under the authority of another state; |
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(2) is taking a safety training course under the |
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direct supervision of a certified off-highway [all-terrain] |
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vehicle safety instructor; or |
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(3) is under the direct supervision of an adult who |
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holds a safety certificate issued under this chapter or under the |
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authority of another state. |
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(b) A person to whom a safety certificate required by |
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Subsection (a) has been issued shall: |
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(1) carry the certificate when the person operates an |
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off-highway [all-terrain] vehicle on public property or a beach; |
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and |
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(2) display the certificate at the request of any law |
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enforcement officer. |
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SECTION 15. Section 663.032, Transportation Code, is |
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amended to read as follows: |
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Sec. 663.032. OPERATION BY PERSON YOUNGER THAN 14. A person |
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younger than 14 years of age who is operating an off-highway |
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[all-terrain] vehicle must be accompanied by and be under the |
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direct supervision of: |
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(1) the person's parent or guardian; or |
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(2) an adult who is authorized by the person's parent |
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or guardian. |
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SECTION 16. Section 663.033, Transportation Code, is |
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amended to read as follows: |
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Sec. 663.033. REQUIRED EQUIPMENT; DISPLAY OF LIGHTS. (a) |
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An off-highway [all-terrain] vehicle that is operated on public |
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property or a beach must be equipped with: |
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(1) a brake system maintained in good operating |
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condition; |
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(2) an adequate muffler system in good working |
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condition; and |
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(3) a United States Forest Service qualified spark |
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arrester. |
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(b) An off-highway [all-terrain] vehicle that is operated |
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on public property or a beach must display a lighted headlight and |
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taillight: |
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(1) during the period from one-half hour after sunset |
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to one-half hour before sunrise; and |
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(2) at any time when visibility is reduced because of |
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insufficient light or atmospheric conditions. |
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(c) A person may not operate an off-highway [all-terrain] |
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vehicle on public property or a beach if: |
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(1) the vehicle has an exhaust system that has been |
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modified with a cutout, bypass, or similar device; or |
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(2) the spark arrester has been removed or modified, |
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unless the vehicle is being operated in a closed-course competition |
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event. |
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(d) The coordinator may exempt off-highway [all-terrain] |
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vehicles that are participating in certain competitive events from |
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the requirements of this section. |
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SECTION 17. Section 663.034, Transportation Code, is |
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amended to read as follows: |
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Sec. 663.034. SAFETY APPAREL REQUIRED. A person may not |
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operate, ride, or be carried on an off-highway [all-terrain] |
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vehicle on public property or a beach 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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SECTION 18. Section 663.035, Transportation Code, is |
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amended to read as follows: |
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Sec. 663.035. RECKLESS OR CARELESS OPERATION PROHIBITED. A |
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person may not operate an off-highway [all-terrain] vehicle on |
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public property or a beach in a careless or reckless manner that |
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endangers, injures, or damages any person or property. |
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SECTION 19. Section 663.036, Transportation Code, is |
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amended to read as follows: |
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Sec. 663.036. CARRYING PASSENGERS. A person may not carry a |
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passenger on an off-highway [all-terrain] vehicle operated on |
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public property or a beach unless the [all-terrain] vehicle is |
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designed by the manufacturer to transport a passenger. |
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SECTION 20. Sections 663.037(a), (b), (c), (d), (f), and |
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(g), Transportation Code, are amended to read as follows: |
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(a) A person may not operate an off-highway [all-terrain] |
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vehicle on a public street, road, or highway except as provided by |
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this section. |
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(b) The operator of an off-highway [all-terrain] vehicle |
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may drive the vehicle across a public street, road, or highway that |
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is not an interstate or limited-access highway, if the operator: |
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(1) brings the vehicle to a complete stop before |
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crossing the shoulder or main traveled way of the roadway; |
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(2) yields the right-of-way to oncoming traffic that |
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is an immediate hazard; and |
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(3) makes the crossing: |
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(A) at an angle of approximately 90 degrees to |
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the roadway; |
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(B) at a place where no obstruction prevents a |
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quick and safe crossing; and |
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(C) with the vehicle's headlights and taillights |
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lighted. |
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(c) The operator of an off-highway [all-terrain] vehicle |
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may drive the vehicle across a divided highway other than an |
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interstate or limited access highway only at an intersection of the |
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highway with another public street, road, or highway. |
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(d) The operator of an off-highway [all-terrain] vehicle |
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may drive the vehicle on a public street, road, or highway that is |
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not an interstate or limited-access highway if: |
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(1) the transportation is in connection with: |
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(A) the production, cultivation, care, |
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harvesting, preserving, drying, processing, canning, storing, |
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handling, shipping, marketing, selling, or use of agricultural |
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products, as defined by Section 52.002, Agriculture Code; or |
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(B) utility work performed by a utility; |
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(2) the operator attaches to the back of the vehicle on |
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top of an eight-foot-long pole a triangular orange flag; |
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(3) the vehicle's headlights and taillights are |
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illuminated; |
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(4) the operator holds a driver's license, as defined |
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by Section 521.001; |
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(5) the operation of the [all-terrain] vehicle occurs |
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in the daytime; and |
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(6) the operation of the [all-terrain] vehicle does |
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not exceed a distance of 25 miles from the point of origin to the |
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destination. |
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(f) Except as provided by Subsection (g), this section does |
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not apply to the operation of an off-highway [all-terrain] vehicle |
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that is owned by the state, a county, or a municipality by a person |
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who is an authorized operator of the vehicle. |
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(g) A peace officer may operate an off-highway |
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[all-terrain] vehicle on a public street, road, or highway that is |
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not an interstate or limited-access highway only if: |
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(1) the transportation is in connection with the |
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performance of the officer's official duty; |
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(2) the officer attaches to the back of the vehicle on |
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top of an eight-foot-long pole a triangular orange flag; |
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(3) the vehicle's headlights and taillights are |
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illuminated; |
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(4) the officer holds a driver's license, as defined by |
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Section 521.001; and |
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(5) the operation of the [all-terrain] vehicle does |
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not exceed a distance of 25 miles from the point of origin to the |
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destination. |
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SECTION 21. Section 663.0371, Transportation Code, is |
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amended to read as follows: |
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Sec. 663.0371. OPERATION ON BEACH. (a) A person may not |
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operate an off-highway [all-terrain] vehicle on a beach except as |
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provided by this section. |
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(b) A person operating an off-highway [all-terrain] vehicle |
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on a beach must hold and have in the person's possession a driver's |
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license issued under Chapter 521 or a commercial driver's license |
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issued under Chapter 522. |
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(c) Except as provided by Chapters 61 and 63, Natural |
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Resources Code, an operator of an off-highway [all-terrain] vehicle |
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may drive the vehicle on a beach that is open to motor vehicle |
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traffic. |
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(d) Except as provided by Chapters 61 and 63, Natural |
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Resources Code, a person who is authorized to operate an |
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off-highway [all-terrain] vehicle that is owned by the state, a |
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county, or a municipality may drive the [all-terrain] vehicle on |
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any beach if the vehicle is registered under Section 502.140(b). |
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(e) The Texas Department of Transportation or a county or |
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municipality may prohibit the operation of an off-highway |
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[all-terrain] vehicle on a beach if the department or the governing |
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body of the county or municipality determines that the prohibition |
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is necessary in the interest of safety. |
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SECTION 22. The following provisions of the Transportation |
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Code are repealed: |
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(1) Section 551.401(2); |
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(2) Section 663.001(1), as amended by Chapters 131 |
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(S.B. 487) and 895 (H.B. 1044), Acts of the 83rd Legislature, |
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Regular Session, 2013; and |
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(3) Section 663.003. |
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SECTION 23. This Act takes effect September 1, 2017. |
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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. 1956 was passed by the House on April |
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27, 2017, by the following vote: Yeas 141, Nays 3, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1956 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 31, 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 |