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SECTION 1. Subchapter F,
Transportation Code, is amended to read as follows:
Sec. 551.401. DEFINITIONS.
In this subchapter:
(1) "Golf cart"
and "public highway" have the meanings assigned by Section
502.001.
(2) "Commercial
Utility vehicle" means a motor vehicle that is not a golf cart or lawn
mower and is:
(A) equipped with
side-by-side seating for the use of the operator and a passenger;
(B) designed to propel
itself with at least four tires in contact with the ground;
(C) designed by the
manufacturer for on or off-highway use only; and
(D) designed by the
manufacturer primarily for utility commercial work and not for
recreational purposes.
(See Sec. 551.401(1) above.)
Sec. 551.402. REGISTRATION
NOT AUTHORIZED FOR GOLF CARTS. (a) The Texas Department of Motor
Vehicles may not register a golf cart for operation on a public highway
regardless of whether any alteration has been made to the golf cart.
(b) The Texas Department of
Motor Vehicles may issue license plates for a golf cart as authorized by
Subsection (c).
(c) The Texas Department of Motor
Vehicles shall by rule establish a procedure to issue the license plates to
be used for operation in accordance with Sections 551.403 and 551.404.
(d) The Texas Department of
Motor Vehicles may charge a fee not to exceed $10 for the cost of the license
plate.
Sec. 551.4021.
REGISTRATION AUTHORIZED FOR COMMERCIAL UTILITY VEHICLES. (a) The Texas
Department of Motor Vehicles may register a commercial utility vehicle for
operation on a public highway.
(b) The Texas Department
of Motor Vehicles may issue license plates for a commercial utility vehicle
as authorized by Subsection (c).
(c) The Texas Department
of Motor Vehicles shall by rule establish a procedure to issue the license
plates to be used for operation in accordance with Sections 551.403 and 551.404.
(d) The Texas Department
of Motor Vehicles may charge a fee not to exceed $25 for the cost of the
license plate.
Sec. 551.403. LIMITED
OPERATION OF A GOLF CART. (a) An operator may operate a golf cart:
(1) in a master planned
community:
(A) that has in place a
uniform set of restrictive covenants; and
(B) for which a county or
municipality has approved a plat;
(2) on a public or private
beach; or
(3) on a public highway for
which the posted speed limit is not more than 35 miles per hour, if the
golf cart is operated:
(A) during the daytime; and
(B) not more than two miles
from the location where the golf cart is usually parked and for
transportation to or from a golf course.
(b) The Texas Department of
Transportation or a county or municipality may prohibit the operation of a
golf cart on a public highway if the department or the governing body of
the county or municipality determines that the prohibition is necessary in
the interest of safety.
Sec. 551.4031. LIMITED
OPERATION OF A COMMERCIAL UTILITY VEHICLE.
An operator may operate a commercial utility vehicle:
(a) in a master planned
community:
(1) that has in place a
uniform set of restrictive covenants; and
(2) for which a county or
municipality has approved a plat;
(b) on a public or
private beach; or
(c) on a public highway or public roadway for which the posted
speed limit is not more than 35 miles per hour.
Sec. 551.404. OPERATION IN
MUNICIPALITIES AND CERTAIN COUNTIES. (a) In addition to the operation
authorized by Sections
551.403 and 551.4031, the
governing body of a municipality may allow an operator to operate a golf cart or a commercial utility vehicle on all or part of a
public highway that:
(1) is in the corporate
boundaries of the municipality; and
(2) has a posted speed limit
of not more than 35 miles per hour.
(a-1) In addition to the
operation authorized by Sections
551.403 and 551.4031, the
commissioners court of a county described by Subsection (a-2) may allow an
operator to operate a golf cart or commercial
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.
(b) A golf cart or commercial utility vehicle operated
under this section must have the following equipment:
(1) headlamps;
(2) taillamps;
(3) reflectors;
(4) parking brake; and
(5) mirrors.
Sec. 551.405. CROSSING
CERTAIN ROADWAYS. A golf cart or a commercial
utility vehicle may cross intersections, including a road or street that
has a posted speed limit of more than 35 miles per hour.
No
equivalent provision.
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SECTION 2. Section 551.401,
Transportation Code, is amended to read as follows:
Sec. 551.401. DEFINITION
[DEFINITIONS]. In this subchapter, "golf [:
[(1) "Golf]
cart" and "public highway" have the meanings assigned by
Section 502.001.
[(2)
"Utility vehicle" means a motor vehicle that is not a golf cart
or lawn mower and is:
[(A)
equipped with side-by-side seating for the use of the operator and a
passenger;
[(B)
designed to propel itself with at least four tires in contact with the ground;
[(C)
designed by the manufacturer for off-highway use only; and
[(D)
designed by the manufacturer primarily for utility work and not for
recreational purposes.]
SECTION 5. Chapter 551,
Transportation Code, is amended by adding Subchapter G to read as follows:
SUBCHAPTER G. COMMERCIAL
UTILITY VEHICLES
Sec. 551.451.
DEFINITIONS. In this subchapter:
(1) "Commercial
utility vehicle" means a motor vehicle that is not a golf cart or lawn
mower and is:
(A) equipped with
side-by-side seating for use by the operator and a passenger;
(B) designed to propel
itself with at least four tires in contact with the ground;
(C) designed by the
manufacturer for on- or off-highway use; and
(D) designed by the
manufacturer primarily for commercial utility work and not for recreational
purposes.
(2) "Golf cart"
and "public highway" have the meanings assigned by Section
502.001.
No
equivalent provision.
Sec. 551.452.
REGISTRATION. (a) The Texas Department of Motor Vehicles may register a
commercial utility vehicle for operation on public
highways in accordance with this subchapter.
(b) The Texas Department
of Motor Vehicles may issue license plates for a commercial utility vehicle
as authorized by Subsection (c).
(c) The Texas Department
of Motor Vehicles by rule shall establish a procedure to issue the license
plates to be used for operation in accordance with this subchapter.
(d) The Texas Department
of Motor Vehicles may charge a fee not to exceed $25 for the cost of the
license plates.
No equivalent provision.
Sec. 551.453. LIMITED
OPERATION.
(a) An operator may operate a commercial utility vehicle:
(1) in a master planned
community:
(A) that has in place a
uniform set of restrictive covenants; and
(B) for which a county or
municipality has approved a plat; or
(2) on a public or
private beach.
(b) An operator who is an employee or agent of a political
subdivision may operate a commercial utility vehicle that is owned by the
political subdivision on any public highway.
Sec. 551.454. OPERATION
IN MUNICIPALITIES AND CERTAIN COUNTIES. (a) In addition to the operation
authorized by Section 551.453, the governing body of a municipality may
allow an operator to operate a commercial utility vehicle on all or part of
a public highway that:
(1) is in the corporate
boundaries of the municipality; and
(2) has a posted speed
limit of not more than 35 miles per hour.
(b) In addition to the
operation authorized by Section 551.453, the commissioners court of a county
described by Subsection (c) may allow an operator to operate a commercial
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.
(c) Subsection (b)
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.
(d) A commercial utility
vehicle operated under this section must have the following equipment:
(1) headlamps;
(2) taillamps;
(3) reflectors;
(4) parking brake; and
(5) mirrors.
Sec. 551.455. CROSSING
CERTAIN ROADWAYS. A commercial utility vehicle may cross intersections,
including a road or street that has a posted speed limit of more than 35
miles per hour.
Sec. 551.456. RULES IN
MASTER PLANNED COMMUNITIES. A master planned community may adopt
reasonable safety and maintenance rules for the operation of a commercial
utility vehicle in the community.
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