79R5726 KCR-D
By: Hinojosa S.B. No. 1311
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an all-terrain 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. ALL-TERRAIN VEHICLE TRAIL AND RECREATIONAL AREA
PROGRAM
Sec. 29.001. DEFINITION. In this chapter, "all-terrain
vehicle" has the meaning assigned by Section 663.001,
Transportation Code.
Sec. 29.002. ESTABLISHMENT AND OPERATION. (a) The
all-terrain vehicle trail and recreational area program is
established under the administration of the department. The
purposes of the program are to establish and maintain a public
system of trails and other recreational areas for use by owners and
riders of all-terrain vehicles, to improve existing trails and
other recreational areas open to the public for use by owners and
riders of all-terrain vehicles, and to foster the responsible use
of all-terrain vehicles.
(b) The department may establish trails and recreation
areas for use by owners and riders of all-terrain vehicles on public
land over which the department has authority or on land purchased by
the department for the purpose of establishing and maintaining
trails and other recreational areas for use by owners and riders of
all-terrain vehicles.
(c) The department shall coordinate the implementation and
operation of the program established by this chapter with the
implementation and operation of the program established under
Section 90.009.
Sec. 29.003. ALL-TERRAIN VEHICLE DECAL REQUIRED; FEE. (a)
A person may not operate an all-terrain vehicle on a trail or in a
recreation area established or maintained by the department under
this chapter or on other public land without having obtained an
all-terrain vehicle decal.
(b) The fee for an all-terrain vehicle decal, including a
collector's edition decal, is $8 or an amount set by the commission,
whichever amount is more.
Sec. 29.004. ISSUANCE, DISPLAY, AND EXPIRATION OF DECAL.
(a) The department may issue an all-terrain vehicle decal to any
person whose all-terrain vehicle is registered under Section
502.006, Transportation Code, on the payment of the fee under
Section 29.003(b). The department may also issue collector's
editions of the decal that do not entitle a person to operate an
all-terrain vehicle on a trail or in a recreation area established
or maintained by the department under this chapter or on other
public land.
(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. 29.005. DISPOSITION OF DECAL FEES. The department
shall deposit all revenue, less allowable costs, collected under
Section 29.004 to the credit of the all-terrain vehicle trail and
recreational area account under Section 11.046.
Sec. 29.006. OTHER REVENUE. The department shall seek and
use funding from the federal government and other sources outside
the general revenue fund to identify and facilitate the development
of all-terrain vehicle trails and recreation areas under this
chapter.
Sec. 29.007. GRANTS. The department may make grants to
political subdivisions and nonprofit organizations for the purpose
of acquiring, developing, and maintaining public trails or
recreation areas under this chapter.
Sec. 29.008. PENALTY. A person who violates Section 29.003
commits an offense that is a Class C Parks and Wildlife misdemeanor.
Sec. 29.009. RULES. The commission shall adopt rules
necessary to implement this chapter.
SECTION 2. Chapter 11, Parks and Wildlife Code, is amended
by adding Sections 11.046 and 11.047 to read as follows:
Sec. 11.046. ALL-TERRAIN VEHICLE TRAIL AND RECREATIONAL
AREA ACCOUNT. (a) The all-terrain 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
all-terrain 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
all-terrain vehicles in violation of Chapter 29 or any other law
relating to the operation of all-terrain vehicles;
(3) all funding outside the general revenue fund
received by the department under Section 29.006; and
(4) all interest that accrues to the account.
Sec. 11.047. USE OF ALL-TERRAIN VEHICLE TRAIL AND
RECREATIONAL AREA ACCOUNT. Money in the all-terrain vehicle trail
and recreational area account may be used only for expenditures
necessary under Chapter 29.
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 29.008, 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.