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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement to wear safety apparel and seat belts |
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while operating certain off-highway vehicles; changing the |
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elements of an offense. |
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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 vehicle that: |
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(A) is equipped with a non-straddle seat for the |
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use 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 to transport a passenger; |
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(B) is designed to propel itself with four or |
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more tires in contact with the ground; |
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(C) is designed by the manufacturer to be |
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operated for off-highway use only; and |
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(D) is not designed by the manufacturer primarily |
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for farming or lawn care; 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. The heading to Section 29.011, Parks and |
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Wildlife Code, is amended to read as follows: |
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Sec. 29.011. SAFETY APPAREL REQUIRED; SEAT BELTS. |
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SECTION 3. Section 29.011, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) A person may not operate, ride, or be carried on an |
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off-highway vehicle on public property unless the person wears: |
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(1) a safety helmet that complies with United States |
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Department of Transportation standards; [and] |
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(2) eye protection; and |
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(3) seat belts, if the vehicle is equipped with seat |
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belts. |
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(c) This section does not apply to a motor vehicle that: |
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(1) has at least four wheels and is registered by the |
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Texas Department of Transportation for use on a public highway, |
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unless the vehicle is an all-terrain vehicle as defined by Section |
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502.001, Transportation Code; |
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(2) has four wheels and is equipped with bench or |
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bucket seats and seat belts and includes a roll bar or roll cage |
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construction to reduce the risk of injury to an occupant of the |
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vehicle in case of the vehicle's rollover; or |
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(3) is in the process of being loaded into or unloaded |
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from a trailer or another vehicle used to transport the motor |
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vehicle. |
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SECTION 4. The change in law made by this Act to Section |
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29.011, Parks and Wildlife Code, applies to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is covered by the law in |
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effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |