By: Swinford H.B. No. 3846
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to wearing safety apparel while operating certain
  off-highway vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.011, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 29.011.  SAFETY APPAREL REQUIRED.  (a)  A person may
  not operate, ride or be carried on an off-highway vehicle on public
  property unless the person wears:
               (1)  a safety helmet that complies with United States
  Department of Transportation standards; and
               (2)  eye protection; and
               (3)  seat belts, if the vehicle is equipped with seat
  belts.
         (b)  An offense under this section is a Class C Parks and
  Wildlife Code misdemeanor.
         (c)  Sec. 29.011 does not apply to:
               (1)  a motor vehicle that has at least four wheels and
  is registered by the Department of Transportation for use on a
  public highway and is not defined in Sec. 502.001 of the
  Transportation Code as an "all terrain vehicle,"
               (2)  a vehicle that is being loaded or unloaded into or
  from a transport vehicle or trailer; and
               (3)  any vehicle that has four wheels that is operated
  at 15 miles per hour or less.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.