By: Watson S.B. No. 2018

A BILL TO BE ENTITLED

AN ACT

relating to neighborhood vehicles and golf carts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 502.001(14-a), Transportation Code, is added to read as follows:

Sec. 502.001. In this chapter: (14-a) "Neighborhood vehicle" means a golf cart operated in accordance with Section 551.303, a vehicle that is subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500), or a motor vehicle that is designed to carry persons or property and to travel more than 10 but less than 35 miles per hour and that is designated as a neighborhood vehicle by the department. The term does not include an all-terrain vehicle, farm tractor, implement of husbandry, or road tractor.

SECTION 2. Section 502.0071, Transportation Code, is amended to add subsections (a) and (b) to read as follows:

Sec. 502.0071. GOLF CARTS. (a) An owner of a golf cart is not required to title or register the golf cart if:

(1) the operation of the golf cart occurs in the daytime, as defined by Section 541.401; and

(2) the operation:

(A) [does not exceed a distance of two miles from the point of origin to the destination if driven to and from a golf course;

[(B)] occurs entirely within a master planned community with a uniform set of restrictive covenants that has had a plat approved by a county or a municipality; or

(B) [(C)] occurs on a public or private beach.

(b) An owner of a golf cart may title and register a golf cart as a neighborhood vehicle.

SECTION 3. Section 502.0076, Transportation Code, is added to read as follows:

Sec. 502.0076. (a) To operate on a street or highway, the owner of a neighborhood vehicle must register the neighborhood vehicle.

(b) This section does not authorize the operation of a neighborhood vehicle on a public road where it is otherwise prohibited by law.

SECTION 4. Subchapter D, chapter 502, Transportation Code, is amended by adding Section 502.1695 to read as follows:

Sec. 502.1695. FEE: NEIGHBORHOOD VEHICLE. The fee for registration of a neighborhood vehicle is $30.

SECTION 5. Section 504.510(a) and its heading are amended to read as follows:

Sec. 504.510. NEIGHBORHOOD VEHICLE [GOLF CART] LICENSE PLATES. (a) The department shall issue specialty license plates for an eligible neighborhood vehicle [golf cart].

SECTION 6. Section 547.002, Transportation Code, is amended to read as follows:

Sec. 547.002. APPLICABILITY. Unless a provision is specifically made applicable, this chapter and the rules of the department adopted under this chapter do not apply to:

(1) an implement of husbandry;

(2) road machinery;

(3) a road roller;

(4) a farm tractor;

(5) a bicycle, a bicyclist, or bicycle equipment;

(6) an electric bicycle, an electric bicyclist, or electric bicycle equipment[; or

(7) a golf cart not required to be registered under Section 502.0071 [502.284].

SECTION 7. The heading of and Section 551.301, Subchapter D, Chapter 551, Transportation Code, as amended by Section 2.86, Chapter 281 (H.B. 2702), paragraph (1) is amended to read as follows:

SUBCHAPTER D. NEIGHBORHOOD [ELECTRIC] VEHICLES

Sec. 551.301. DEFINITIONS. In this subchapter:

(1) "Neighborhood [electric] vehicle" means a vehicle as defined by Section 502.001 [subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500)].

SECTION 8. Section 551.302, Transportation Code, is amended, and new subsection (d) is added, to read as follows:

Sec. 551.302. REGISTRATION. The Texas Department of Transportation may adopt rules relating to the registration and issuance of license plates to neighborhood [electric] vehicles.

SECTION 9. Section 551.303, Transportation Code, is amended, and new subsection (d) is added, to read as follows:

Sec. 551.303. OPERATION ON ROADWAYS. (a) To be operated on a street or highway a neighborhood vehicle must be registered under Section 502.0076. A neighborhood [electric] vehicle may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. A neighborhood [electric] vehicle may cross a road or street [at an intersection] where the [road or street has a] posted speed limit is [of] more than 35 miles per hour only at an intersection.

(b) A county or municipality may prohibit the operation of a neighborhood [electric] vehicle on a street or highway if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.

(c) The Texas Department of Transportation may prohibit the operation of a neighborhood [electric] vehicle on a public highway, as defined by Section 502.001, if that department determines that the prohibition is necessary in the interest of safety.

(d) The owner of a neighborhood vehicle must comply with the licensing requirement of Chapters 521, and the requirements of Chapters 547 and 548, as applicable.

SECTION 10. Sections 601.052(a), Transportation Code, is amended to read as follows: (a) Section 601.051 does not apply to:

(1) the operation of a motor vehicle that:

(A) is a former military vehicle or is at least 25 years old;

(B) is used only for exhibitions, club activities, parades, and other functions of public interest and not for regular transportation; and

(C) for which the owner files with the department an affidavit, signed by the owner, stating that the vehicle is a collector's item and used only as described by Paragraph (B);

(2) the operation of a golf cart not required to be registered under Section 502.0071[502.284]; or

(3) a volunteer fire department for the operation of a motor vehicle the title of which is held in the name of a volunteer fire department.

SECTION 11. Sections 504.510(b)-(d), 551.301(Subchapter D, Chapter 551, Transportation Code, Section 2, Chapter 1242 (H.B. 1596), Acts of the 79th Legislature, Regular Session, 2005), and 551.301(2) are repealed.

SECTION 12. 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.