BILL ANALYSIS



H.B. 2598
By: Kubiak
04-12-95
Committee Report (Amended)


BACKGROUND

Current law, (Vernon's Texas Civil Statutes, Article 6675a-2)
places restrictions on the operation of all-terrain vehicles on
public land.  A growing number of farmers and ranchers are relying
on ATVs to access remote parts of their property.  Texas law
currently places a number of restrictions on ATVs that do not apply
to other slow moving vehicles.  Because farm to market roads and
state highways often divide portions of property and ATVs cannot
legally be operated on Texas roads, farmers and ranchers using ATVs
are confronted with a dilemma when trying to cross public roads.

PURPOSE

The proposed legislation would amend Texas law to allow the
operation of ATVs under certain conditions.  ATVs would be allowed
to: (1) operate on the shoulder of the road, (2) cross streets and
highways at a 90 degree angle while yielding to any traffic.  They
must: (1) travel with lights and tail lamps on during operation and
(2) not exceed 30 mph, (3) be registered and licensed annually. 
The legislation would permit ATV operators greater access to
roadways without significantly increasing driving hazards.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends V.T.C.S., Article 6675a-2 Section 2, as follows:
Subsection (a) Eliminates prohibitions against the operations of
ATVs on public highways and
eliminates the need for off highway registration status.

SECTION 2: Amends V.T.C.S., Article 6675a-3e, Section 6a, as
follows:
(a) Changes off highway registration status to regular registration
and changes State Department of Highways and Public Transportation
to Texas Department of Transportation.
(b) Eliminates the on "public property phrase" of the law, which
effectively prohibits
unlicensed operation of ATVs anywhere within the state. 
(c) Eliminates State, county and municipality exemptions to operate
ATVs.  They will
be registered like all other vehicles operated by these government
agencies.

SECTION 3: Amends V.T.C.S., Article 6675a-5, Section 5(c), Chapter
88, as follows:
(c) Eliminates the off highway specification from the $6 dollar
registration fee and $6 safety fee for ATVs.

SECTION 4: Amends Revised Statutes, Article 6701c-5, Section 1, as
follows: and adding Subdivisions (3) and (4) to read as follows:
Subsection (2) is amended to include highway or street in the
definition of public property.
Subsection (3) is added to indicate that highway and street have
the same meanings assigned by Section 13(a), Uniform Act Regulating
Traffic on Highways.
(4) Shoulder has the meaning assigned by Section 13(1), Uniform Act
Regulating Traffic on Highways.


SECTION 5: Amends Vernon's Revised Statutes, Article 6701c-5,
Section 6 as follows:
Sec. 6. Replaces Crossing Highways with Operation on Highways.
Subsection (b) allows crossing of a street or highway if:
(1)crossing is made at a 90 degree angle and at a safe and quick
crossing point.,
(2)vehicle is brought to a complete halt. yielding to all oncoming
traffic.
(3)operator yields right-of-way to all oncoming traffic,
(4)in crossing a divided highway, the crossing is made only at an
intersection with another public street or highway and
(5)headlamps and taillights are lit when the crossing is made.
Subsection (c) is added to allow operation of ATVs on the shoulder
of roads.  If the vehicle has a head and tail light, then both must
be lit when travelling along a shoulder.

SECTION 6: Amends Vernon's Revised Statutes, Article 6701c-5,
Section 7 as follows:
(a)prohibits operation of ATVs on public property (1)in a careless
or reckless manner; or (2)at speeds greater than 30 mph.

SECTION 7: Amends V.T.C.S., Article 6701c-5, Section 8 as follows:
(a) Adds language reference to the requirement that ATV operated on
a shoulder display a lighted head and taillight.

SECTION 8: Amends Revised Vernon's Statutes, Article 6701c-5,
Section 9, is amended as follows:
Sec. 9. Eliminates drivers license exemptions for the operation of
all terrain vehicles for 
off-high way operation.

SECTION 9: Amends V.T.C.S., Article 6701d, Section 139B, Uniform
Act Regulating Traffic on Highways as follows:
(b) Includes ATVs into the definition of slow moving vehicles under
Section 1(1) Article 6701c-5, Revised Statutes.

SECTION 10: Effective Date of September 1, 1995.

SECTION 11: Emergency Clause.


EXPLANATION OF AMENDMENTS

Committee Amendment #1 amends H.B. 2598 on page 5, line 4-5, by
striking "A person and substituting "A person eighteen (18) years
of age or older."

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on March 16, 1995, at 5:53 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, March 22, 1995 at 2:00 p.m. in Room E1.014 of the
Capitol Extension and was called to order at 6:54 p.m. after the
rules were suspended on the House floor to meet in public hearing
after the posted time, by the Chair, Representative Clyde
Alexander.  The Chair laid out H.B. 2598 and recognized
Representative Kubiak to explain H.B. 2598.  There were no
witnesses in support of, or in opposition to H.B. 2598.  The Chair
left H.B. 2598 pending before the Committee.  Pursuant to a public 
notice posted on April 7, 1995 at 5:04 p.m., the House Committee on
Transportation met in a public hearing on Wednesday, April 12,
1995, at 2:00 p.m., or upon adjournment, in Room E1.014 of the
Capitol Extension and was called to order at 3:58 p.m. by the
Chair, Representative Clyde Alexander.  The Chair laid out H.B.
2598 by Kubiak, which was pending before the Committee. 
Representative Price laid out Committee amendment #1, and without
objection, the amendment was adopted.  Representative Alonzo moved
that the Committee report H.B. 2598, as amended, to the full House
with the recommendation that it do pass.  The motion prevailed by
the following vote: Ayes (6), Nayes (0), Absent (3), Present not
voting (0).