1-1                                   AN ACT
 1-2     relating to the operation of certain all-terrain vehicles on public
 1-3     streets, roads, and highways.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 663.002(a), Transportation Code, is
 1-6     amended to read as follows:
 1-7           (a)  Except as provided by Section 663.037, Chapter 521 does
 1-8     not apply to the operation or ownership of an all-terrain vehicle
 1-9     registered for off-highway operation.
1-10           SECTION 2. Section 663.037, Transportation Code, is amended
1-11     by redesignating existing Subsection (d) as Subsection (f) and
1-12     adding new Subsections (d) and (e) to read as follows:
1-13           (d)  The operator of an all-terrain vehicle may drive the
1-14     vehicle on a public street, road, or highway that is not an
1-15     interstate or limited-access highway if:
1-16                 (1)  the transportation is in connection with the
1-17     production, cultivation, care, harvesting, preserving, drying,
1-18     processing, canning, storing, handling, shipping, marketing,
1-19     selling, or use of agricultural products, as defined by Section
1-20     52.002, Agriculture Code;
1-21                 (2)  the operator attaches to the back of the vehicle
1-22     on top of an eight-foot-long pole a triangular orange flag;
1-23                 (3)  the vehicle's headlights and taillights are
1-24     illuminated;
 2-1                 (4)  the operator holds a driver's license, as defined
 2-2     by Section 521.001;
 2-3                 (5)  the operation of the all-terrain vehicle occurs in
 2-4     the daytime; and
 2-5                 (6)  the operation of the all-terrain vehicle does not
 2-6     exceed a distance of 25 miles from the point of origin to the
 2-7     destination.
 2-8           Provisions of this code regarding helmet and eye protection
 2-9     use, safety certification, and other vehicular restrictions do not
2-10     apply to this subsection.
2-11           (e)  The director of the Department of Public Safety shall
2-12     adopt standards and specifications that apply to the color, size,
2-13     and mounting position of the flag required under Subsection (d)(2).
2-14           (f) [(d)]  This section does not apply to the operation of an
2-15     all-terrain vehicle that is owned by the state, a county, or a
2-16     municipality by a person who is an authorized operator of the
2-17     vehicle.          
2-18           SECTION 3. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 651 was passed by the House on April
         18, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 651 on May 18, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 651 was passed by the Senate, with
         amendments, on May 16, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor