By Kubiak H.B. No. 2598
74R4136 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the registration and operation of an all-terrain
1-3 vehicle.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2(a), Chapter 88, General Laws, Acts of
1-6 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-2,
1-7 Vernon's Texas Civil Statutes), is amended to read as follows:
1-8 (a) Except as provided by this subsection, every owner of a
1-9 motor vehicle, trailer or semitrailer used or to be used upon the
1-10 public highways of this State shall apply each year to the Texas
1-11 Department of Transportation through the County Tax Collector of
1-12 the county in which he resides for the registration of each such
1-13 vehicle owned or controlled by him for the ensuing or current
1-14 calendar year or unexpired portion thereof; provided, that where a
1-15 public highway separates lands under the dominion or control of the
1-16 owner, the operation of such a motor vehicle by such owner, his
1-17 agent or employee, across such highway shall not constitute a use
1-18 of such motor vehicle upon a public highway of this State. <An
1-19 all-terrain vehicle, with or without design alterations, may not be
1-20 registered for operation on public highways, except that the State,
1-21 a county, or a municipality may register an all-terrain vehicle for
1-22 operation on public beaches and highways to maintain public safety
1-23 and welfare. In lieu of highway motor vehicle registration, the
1-24 owner of an all-terrain vehicle that is not authorized to operate
2-1 on public beaches or highways and that is used or to be used on
2-2 public property in this State shall apply each year to the Texas
2-3 Department of Transportation through the County Tax Collector of
2-4 the county in which he resides for off-highway registration of each
2-5 vehicle owned or controlled by him for the ensuing or current
2-6 calendar year or unexpired portion of the calendar year.> The
2-7 Texas Department of Transportation through the County Tax Collector
2-8 shall require an applicant for registration of a vehicle in a
2-9 county that is not covered by a vehicle emissions inspection
2-10 program to provide evidence that the applicant is a resident of
2-11 that county. The Department by rule shall prescribe acceptable
2-12 forms and types of evidence. Acceptable forms and types of
2-13 evidence may include voter registration information, driver's
2-14 license information, utility billing information, property tax
2-15 payment information, a school tuition receipt, or evidence of
2-16 compliance with the Texas Motor Vehicle Safety-Responsibility Act
2-17 (Article 6701h, Vernon's Texas Civil Statutes). The County Tax
2-18 Collector, a deputy County Tax Collector, or a person acting on
2-19 behalf of the County Tax Collector is not liable to any person for
2-20 refusing to register a motor vehicle because of the person's
2-21 failure to submit evidence of residency that complies with rules of
2-22 the Department or for registering a motor vehicle under this
2-23 section.
2-24 SECTION 2. Section 6a, Chapter 3, Acts of the 43rd
2-25 Legislature, 2nd Called Session, 1934 (Article 6675a-3e, Vernon's
2-26 Texas Civil Statutes), is amended to read as follows:
2-27 Sec. 6a. (a) On <off-highway> registration of an
3-1 all-terrain vehicle, the Texas <State> Department of <Highways and
3-2 Public> Transportation shall issue a registration certificate and,
3-3 in lieu of license number plates, a number decal or sticker of
3-4 appropriate size and design as determined by the Department.
3-5 (b) A person commits an offense if the person operates an
3-6 all-terrain vehicle, other than a vehicle that is owned by a
3-7 nonresident and that is currently registered under the laws of the
3-8 owner's home state, <on public property> without having a number
3-9 sticker or decal that is valid for the current registration period
3-10 attached to the vehicle at the location specified by the
3-11 Department. An offense under this subsection is a Class C
3-12 misdemeanor.
3-13 <(c) This section does not apply to the operation or driving
3-14 of an all-terrain vehicle owned by this State, a county, or a
3-15 municipality by a person authorized to operate or drive the
3-16 vehicle.>
3-17 SECTION 3. Section 5(c), Chapter 88, General Laws, Acts of
3-18 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-5,
3-19 Vernon's Texas Civil Statutes), is amended to read as follows:
3-20 (c) The annual license fee for <off-highway> registration of
3-21 an all-terrain vehicle is Six Dollars ($6). At the time of
3-22 registration, the County Tax Collector shall also collect from each
3-23 registered owner of the vehicle an annual all-terrain vehicle
3-24 safety fee of Six Dollars ($6).
3-25 SECTION 4. Section 1, Article 6701c-5, Revised Statutes, is
3-26 amended by amending Subdivision (2) and adding Subdivisions (3) and
3-27 (4) to read as follows:
4-1 (2) "Public property" means property owned or leased
4-2 by the state or a political subdivision of the state. The term
4-3 includes a highway or street.
4-4 (3) "Highway" and "street" have the meanings assigned
4-5 those terms by Section 13(a), Uniform Act Regulating Traffic on
4-6 Highways (Article 6701d, Vernon's Texas Civil Statutes).
4-7 (4) "Shoulder" has the meaning assigned that term by
4-8 Section 13(l), Uniform Act Regulating Traffic on Highways (Article
4-9 6701d, Vernon's Texas Civil Statutes).
4-10 SECTION 5. Section 6, Article 6701c-5, Revised Statutes, is
4-11 amended to read as follows:
4-12 Sec. 6. OPERATION ON <CROSSING> HIGHWAYS. (a) Except as
4-13 provided by this section, an all-terrain vehicle may not be driven
4-14 or operated on any public street<, road,> or highway of this state.
4-15 (b) A person driving or operating an all-terrain vehicle may
4-16 cross a public street<, road,> or highway, other than an interstate
4-17 or limited access highway, if:
4-18 (1) the crossing is made at an angle of approximately
4-19 90 degrees to the street or highway and at a place where an
4-20 obstruction does not prevent a quick and safe crossing;
4-21 (2) the vehicle is brought to a complete stop before
4-22 crossing the shoulder or main traveled way of the street or
4-23 highway;
4-24 (3) the operator yields the right-of-way to all
4-25 oncoming traffic that constitutes an immediate potential hazard;
4-26 (4) in crossing a divided highway, the crossing is
4-27 made only at an intersection of the highway with another public
5-1 street<, road,> or highway; and
5-2 (5) any headlights and taillights are lighted when the
5-3 crossing is made.
5-4 (c) A person may drive or operate an all-terrain vehicle on
5-5 a shoulder. If the all-terrain vehicle is equipped with a
5-6 headlight or a taillight, each must be lighted when the vehicle is
5-7 operated on a shoulder.
5-8 (d) This section does not apply to the driving or operation
5-9 of an all-terrain vehicle owned by this state, a county, or a
5-10 municipality by a person authorized to operate or drive the
5-11 vehicle.
5-12 SECTION 6. Section 7(a), Article 6701c-5, Revised Statutes,
5-13 is amended to read as follows:
5-14 (a) A person may not operate an all-terrain vehicle on
5-15 public property:
5-16 (1) in a careless or reckless manner so as to endanger
5-17 or to cause injury or damage to any person or property; or
5-18 (2) at a speed greater than 30 miles per hour.
5-19 SECTION 7. Section 8(a), Article 6701c-5, Revised Statutes,
5-20 is amended to read as follows:
5-21 (a) In addition to the requirement in Section 6(c) of this
5-22 article that an all-terrain vehicle being operated on a shoulder
5-23 display a lighted headlight and taillight, an <An> all-terrain
5-24 vehicle operated on public property during hours of darkness must
5-25 display a lighted headlight and taillight. These lights must be in
5-26 operation during the period of from one-half hour after sunset to
5-27 one-half hour before sunrise and at any time when visibility is
6-1 reduced due to insufficient light or unfavorable atmospheric
6-2 conditions.
6-3 SECTION 8. Section 9, Article 6701c-5, Revised Statutes, is
6-4 amended to read as follows:
6-5 Sec. 9. EXEMPTION <EXEMPTIONS>. <(a) The provisions of
6-6 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
6-7 (Article 6687b, Vernon's Texas Civil Statutes), relating to
6-8 drivers' licenses do not apply to the operation or ownership of an
6-9 all-terrain vehicle registered for off-highway operation.>
6-10 <(b)> The provisions of Chapter 332, Acts of the 60th
6-11 Legislature, 1967 (Article 4413(29c), Vernon's Texas Civil
6-12 Statutes), relating to commercial driver training schools do not
6-13 apply to instruction in the operation of an all-terrain vehicle
6-14 provided under the operator education and certification program
6-15 established by this article.
6-16 SECTION 9. Subdivision 1, Section 139B, Uniform Act
6-17 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
6-18 Statutes), is amended to read as follows:
6-19 Subd. 1. As used in this Section, the term "slow-moving
6-20 vehicle" means:
6-21 (a) any motor vehicle designed to operate at a maximum
6-22 speed of twenty-five miles per hour or less;
6-23 (b) an all-terrain vehicle, as defined by Section
6-24 1(1), Article 6701c-5, Revised Statutes; and
6-25 (c) <the term also means and includes> all other
6-26 vehicles, implements of husbandry and other machinery, including
6-27 all road construction machinery, while being drawn by animals or by
7-1 a motor vehicle designed to operate at a maximum speed of
7-2 twenty-five miles per hour or less.
7-3 SECTION 10. This Act takes effect September 1, 1995. The
7-4 changes in law made by this Act relating to the operation of an
7-5 all-terrain vehicle apply only to the operation of an all-terrain
7-6 vehicle on or after that date. The operation of an all-terrain
7-7 vehicle before September 1, 1995, is covered by the law in effect
7-8 when that operation occurred, and the former law is continued in
7-9 effect for that purpose.
7-10 SECTION 11. The importance of this legislation and the
7-11 crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended.
7-15 COMMITTEE AMENDMENT NO. 1
7-16 Amend H.B. 2598 on page 5, line 4-5, by striking "þLA personää
7-17 and substituting "A person eighteen (18) years of age or older".
7-18 Price