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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration and operation of certain off-highway |
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vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.001, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 29.001. DEFINITION. In this chapter, "off-highway |
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vehicle" means: |
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(1) an all-terrain vehicle, as defined by Section |
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663.001, Transportation Code; |
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(2) an off-highway motorcycle; [and] |
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(3) a recreational off-highway vehicle, as defined by |
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Section 502.001, Transportation Code; and |
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(4) any other motorized vehicle used for off-highway |
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recreation on: |
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(A) public land over which the department has |
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authority or on land purchased or leased by the department; or |
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(B) land acquired or developed under a grant made |
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under Section 29.008 or any other grant program operated or |
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administered by the department. |
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SECTION 2. Section 501.002(14), Transportation Code, is |
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amended to read as follows: |
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(14) "Motor vehicle" means: |
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(A) any motor driven or propelled vehicle |
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required to be registered under the laws of this state; |
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(B) a trailer or semitrailer, other than |
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manufactured housing, that has a gross vehicle weight that exceeds |
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4,000 pounds; |
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(C) a house trailer; |
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(D) an all-terrain vehicle or a recreational |
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off-highway vehicle, as those terms are defined by Section 502.001, |
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designed by the manufacturer for off-highway use that is not |
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required to be registered under the laws of this state; or |
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(E) a motorcycle, motor-driven cycle, or moped |
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that is not required to be registered under the laws of this state, |
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other than a motorcycle, motor-driven cycle, or moped designed for |
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and used exclusively on a golf course. |
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SECTION 3. Section 502.001, Transportation Code, is amended |
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by amending Subdivision (1) and adding Subdivision (19-a) to read |
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as follows: |
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(1) "All-terrain vehicle" means a motor vehicle that |
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is: |
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(A) equipped with a saddle[, bench, or bucket
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seats] for the use of: |
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(i) the rider; and |
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(ii) a passenger, if the motor vehicle is |
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designed by the manufacturer to transport a passenger; |
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(B) designed to propel itself with three or more |
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tires in contact with the ground; |
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(C) designed by the manufacturer for off-highway |
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use; and |
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(D) not designed by the manufacturer primarily |
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for farming or lawn care. |
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(19-a) "Recreational off-highway vehicle" means a motor |
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vehicle that is: |
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(A) equipped with a non-straddle seat for the use |
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of: |
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(i) the rider; and |
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(ii) a passenger, if the vehicle is |
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designed by the manufacturer to transport a passenger; |
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(B) designed to propel itself with four or more |
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tires in contact with the ground; |
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(C) designed by the manufacturer for off-highway |
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use by the operator only; and |
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(D) not designed by the manufacturer primarily |
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for farming or lawn care. |
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SECTION 4. Section 502.006, Transportation Code, is amended |
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to read as follows: |
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Sec. 502.006. CERTAIN OFF-HIGHWAY [ALL-TERRAIN] VEHICLES. |
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(a) Except as provided by Subsection (b), a person may not register |
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an all-terrain vehicle or a recreational off-highway vehicle, with |
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or without design alterations, for operation on a public highway. |
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(b) The state, a county, or a municipality may register an |
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all-terrain vehicle or a recreational off-highway vehicle for |
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operation on a public beach or highway to maintain public safety and |
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welfare. |
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(c) [(e)] Section 502.172 does not apply to an all-terrain |
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vehicle or a recreational off-highway vehicle. |
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SECTION 5. The heading to Subtitle G, Title 7, |
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Transportation Code, is amended to read as follows: |
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SUBTITLE G. MOTORCYCLES AND OFF-HIGHWAY [ALL-TERRAIN] VEHICLES |
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SECTION 6. The heading to Chapter 663, Transportation Code, |
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is amended to read as follows: |
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CHAPTER 663. CERTAIN OFF-HIGHWAY [ALL-TERRAIN] VEHICLES |
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SECTION 7. Section 663.001, Transportation Code, is amended |
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by adding Subdivision (3) to read as follows: |
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(3) "Recreational off-highway vehicle" has the |
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meaning assigned by Section 502.001. |
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SECTION 8. Subchapter A, Chapter 663, Transportation Code, |
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is amended by adding Section 663.003 to read as follows: |
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Sec. 663.003. RECREATIONAL OFF-HIGHWAY VEHICLES. This |
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chapter applies to the operator and operation of a recreational |
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off-highway vehicle in the same manner as if the recreational |
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off-highway vehicle were an all-terrain vehicle. |
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SECTION 9. This Act takes effect September 1, 2009. |