By: Hinojosa S.B. No. 1311
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an off-highway vehicle trail and
recreational area program; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Parks and Wildlife Code, is amended by
adding Chapter 29 to read as follows:
CHAPTER 29. OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA
PROGRAM
Sec. 29.001. DEFINITION. In this chapter, "off-highway
vehicle" means:
(1) an all-terrain vehicle, as defined by Section
663.001, Transportation Code;
(2) an off-highway motorcycle; and
(3) any other four-wheel drive vehicle not registered
to be driven on a highway.
Sec. 29.002. ESTABLISHMENT AND OPERATION. (a) The
off-highway vehicle trail and recreational area program is
established under the administration of the department. The
purposes of the program are to:
(1) further the establishment of motor vehicle
recreation sites under Section 90.009;
(2) establish and maintain a public system of trails
and other recreational areas for use by owners and riders of
off-highway vehicles;
(3) improve existing trails and other recreational
areas open to the public for use by owners and riders of off-highway
vehicles; and
(4) foster the responsible use of off-highway
vehicles.
(b) The department shall establish and maintain trails and
recreational areas for use by owners and riders of off-highway
vehicles:
(1) on public land over which the department has
authority or on land purchased or leased by the department; or
(2) by making grants to federal agencies, political
subdivisions of this state, and nonprofit organizations under
Section 29.008.
(c) The department shall coordinate the implementation and
operation of the program established under this chapter with the
implementation and operation of the program established under
Section 90.009.
Sec. 29.003. OFF-HIGHWAY VEHICLE DECAL REQUIRED; FEE.
(a) Except as provided by Section 29.004, a person may not operate
an off-highway vehicle on a trail or in a recreational area
established or maintained by the department under this chapter, on
other public land, or on land purchased or developed under a grant
made under Section 29.008 or any other grant program operated or
administered by the department without having obtained an
off-highway vehicle decal.
(b) The fee for an off-highway vehicle decal is $8 or an
amount set by the commission, whichever amount is more.
Sec. 29.004. EXEMPTIONS. Section 29.003 does not apply to a
person that is:
(1) acting on behalf of the United States, any state,
or a political subdivision of the United States or any state;
(2) participating in a search and rescue operation
under the authority or direction of a search and rescue or law
enforcement agency; or
(3) exempt under a rule adopted by the commission.
Sec. 29.005. ISSUANCE, DISPLAY, AND EXPIRATION OF DECAL.
(a) The department shall issue an off-highway vehicle decal to any
person whose off-highway vehicle is registered under Section
502.006, Transportation Code, on the payment of the fee under
Section 29.003(b).
(b) The department shall prescribe the form and manner in
which the decal must be issued to a person and displayed for use by
the person.
(c) A decal issued under this section is valid only during
the yearly period for which the decal is issued without regard to
the date on which the decal is acquired. A yearly period begins on
September 1 or another date set by the commission and extends
through August 31 of the next year or another date set by the
commission.
Sec. 29.006. DISPOSITION OF DECAL FEES. The department
shall deposit all revenue, less allowable costs, collected under
Section 29.005 to the credit of the off-highway vehicle trail and
recreational area account under Section 11.046.
Sec. 29.007. OTHER REVENUE. The department shall seek and
use funding from the federal government, including the Recreational
Trails Program administered by the United States Department of
Transportation, and other sources outside the general revenue fund
to identify and facilitate the development of off-highway vehicle
trails and recreational areas under this chapter.
Sec. 29.008. GRANTS. The department may make grants to
federal agencies, political subdivisions of this state, and
nonprofit organizations for the purpose of acquiring, developing,
and maintaining public trails or recreational areas under this
chapter.
Sec. 29.009. PENALTY. A person who violates Section 29.003
commits an offense that is a Class C Parks and Wildlife misdemeanor.
Sec. 29.010. RULES. The commission:
(1) shall adopt rules necessary to implement this
chapter; and
(2) may adopt rules:
(A) exempting certain classes of persons from the
requirements of Section 29.003; or
(B) concerning the department's use of funding
from sources outside the general revenue fund under Section 29.007.
SECTION 2. Subchapter C, Chapter 11, Parks and Wildlife
Code, is amended by adding Sections 11.046 and 11.047 to read as
follows:
Sec. 11.046. OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL
AREA ACCOUNT. (a) The off-highway vehicle trail and recreational
area account is a separate account in the general revenue fund.
(b) The department shall deposit to the credit of the
off-highway vehicle trail and recreational area account all
revenue, less allowable costs, from the following sources:
(1) decal fees collected under Chapter 29;
(2) fines assessed against persons operating
off-highway vehicles in violation of Chapter 29 or any other law
relating to the operation of off-highway vehicles;
(3) all funding outside the general revenue fund
received by the department under Section 29.007; and
(4) all interest that accrues to the account.
Sec. 11.047. USE OF OFF-HIGHWAY VEHICLE TRAIL AND
RECREATIONAL AREA ACCOUNT. Money in the off-highway vehicle trail
and recreational area account may be used only for expenditures
necessary under Chapter 29 to:
(1) acquire, construct, develop, and maintain trails
and other recreational areas for use by owners and riders of
off-highway vehicles as defined by Section 29.001;
(2) provide access to those trails and recreational
areas;
(3) make grants under Section 29.008; and
(4) enforce and administer the off-highway vehicle
trail and recreational area program.
SECTION 3. The Parks and Wildlife Commission shall design
and make available the decal required under Section 29.003, Parks
and Wildlife Code, as added by this Act, not later than December 1,
2005.
SECTION 4. Section 29.009, Parks and Wildlife Code, as
added by this Act, takes effect January 1, 2006.
SECTION 5. Except as provided by Section 4 of this Act, this
Act takes effect September 1, 2005.