81R2161 TRH-D
 
  By: Bonnen H.B. No. 1163
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the registration and operation on a public roadway of an
  all-terrain vehicle by a disabled person.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 502.006, Transportation Code, is amended
  by amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as provided by Subsections [Subsection] (b) and
  (c), a person may not register an all-terrain vehicle, with or
  without design alterations, for operation on a public highway.
         (c)  A municipality with a population less than 35,000 may
  register an all-terrain vehicle for operation on a public street,
  road, or highway that is not an interstate or limited-access
  highway by a person with a disability as defined by Section 681.001.
         SECTION 2.  Section 663.037, Transportation Code, is amended
  by adding Subsection (h) to read as follows:
         (h)  A person with a disability may operate an all-terrain
  vehicle registered under Section 502.006 on a public street, road,
  or highway with a posted speed limit of 35 miles per hour or less,
  that is not an interstate or limited-access highway that is located
  in a municipality with a population of less than 35,000 if:
               (1)  the transportation is in connection with the
  mobility needs of a person with a disability as defined by Section
  681.001;
               (2)  the operator attaches to the back of the vehicle on
  top of an eight-foot-long pole a triangular orange flag;
               (3)  the vehicle's headlights and taillights are
  illuminated;
               (4)  the operator holds a driver's license, as defined
  by Section 521.001;
               (5)  the operation of the all-terrain vehicle occurs in
  the daytime;
               (6)  the operation of the all-terrain vehicle does not
  exceed a distance of 25 miles from the point of origin to the
  destination;
               (7)  the all-terrain vehicle's speed does not exceed 25
  miles per hour; and
               (8)  the operation of an all-terrain vehicle on the
  public street, road, or highway is not in violation of an ordinance
  of the municipality.
         SECTION 3.  This Act takes effect September 1, 2009.