BILL ANALYSIS

 

 

 

C.S.H.B. 719

By: Morrison

Transportation

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Under current law, a municipality's governing body may allow golf carts and utility vehicles to have restricted access to certain public highways within the municipality's corporate boundaries while the commissioners court in certain counties may allow such carts and vehicles similar restricted access to certain public highways in unincorporated areas of those counties. Interested parties note that legislation is needed to extend this provision to allow for the operation and use of golf carts and certain utility vehicles on public highways in the unincorporated areas of certain other counties with similar features. C.S.H.B. 719 seeks to address these matters relating to the operation of a golf cart or utility vehicle on a public highway in certain counties.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 719 amends the Transportation Code to expand the list of counties for which the commissioners court is authorized to allow an operator to operate a golf cart or utility vehicle on all or part of a public highway that has a speed limit of not more than 35 miles per hour and is located in the unincorporated area of the county, to include, in addition to a county that borders or contains a portion of the Guadalupe River and contains a part of a barrier island that borders the Gulf of Mexico, a county that borders or contains a portion of the Red River or a county that has a population of less than 30,000, contains a part of a barrier island that borders the Gulf of Mexico, and is adjacent to a county that borders or contains a portion of the Guadalupe River and contains a part of a barrier island that borders the Gulf of Mexico.

 

EFFECTIVE DATE

 

September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 719 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 551.404, Transportation Code, is amended by amending Subsection (a-1) and adding Subsection (a-2) to read as follows:

(a-1)  In addition to the operation authorized by Section 551.403, the commissioners court of a county described by Subsection (a-2) [that borders or contains a portion of the Guadalupe River and contains a part of a barrier island that borders the Gulf of Mexico] may allow an operator to operate a golf cart or utility vehicle on all or part of a public highway that:

(1)  is located in the unincorporated area of the county; and

(2)  has a speed limit of not more than 35 miles per hour.

(a-2)  Subsection (a-1) applies only to a county that:

 

 

(1)  borders or contains a portion of the Guadalupe River and contains a part of a barrier island that borders the Gulf of Mexico; or

(2)  is adjacent to a county described by Subdivision (1) and:

(A)  has a population of less than 30,000; and

(B)  contains a part of a barrier island that borders the Gulf of Mexico.

 

SECTION 1.  Section 551.404, Transportation Code, is amended by amending Subsection (a-1) and adding Subsection (a-2) to read as follows:

(a-1)  In addition to the operation authorized by Section 551.403, the commissioners court of a county described by Subsection (a-2) [that borders or contains a portion of the Guadalupe River and contains a part of a barrier island that borders the Gulf of Mexico] may allow an operator to operate a golf cart or utility vehicle on all or part of a public highway that:

(1)  is located in the unincorporated area of the county; and

(2)  has a speed limit of not more than 35 miles per hour.

(a-2)  Subsection (a-1) applies only to a county that:

(1)  borders or contains a portion of the Red River;

(2)  borders or contains a portion of the Guadalupe River and contains a part of a barrier island that borders the Gulf of Mexico; or

(3)  is adjacent to a county described by Subdivision (2) and:

(A)  has a population of less than 30,000; and

(B)  contains a part of a barrier island that borders the Gulf of Mexico.

 

SECTION 2.  This Act takes effect September 1, 2013.

 

SECTION 2. Same as introduced version.