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