85S12590 JXC-F
 
  By: Bonnen of Brazoria, Phillips, Morrison, H.B. No. 384
      Price
 
  Substitute the following for H.B. No. 384:
 
  By:  Morrison C.S.H.B. No. 384
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of a utility vehicle on a public highway
  in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter F, Chapter 551,
  Transportation Code, as effective September 1, 2017, is amended to
  read as follows:
  SUBCHAPTER F. GOLF CARTS AND UTILITY VEHICLES
         SECTION 2.  Sections 551.404(a-1) and (b), Transportation
  Code, as effective September 1, 2017, are amended 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) 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.
         (b)  A golf cart or utility vehicle operated under this
  section must have the following equipment:
               (1)  headlamps;
               (2)  taillamps;
               (3)  reflectors;
               (4)  parking brake; and
               (5)  mirrors.
         SECTION 3.  Section 663.001(1-b), Transportation Code, as
  effective September 1, 2017, is amended to read as follows:
               (1-b)  "Off-highway vehicle" means [:
                     [(A)]  an all-terrain vehicle or recreational
  off-highway vehicle, as those terms are defined by Section 502.001
  [; or
                     [(B)  a utility vehicle].
         SECTION 4.  Section 663.001(4), Transportation Code, as
  effective September 1, 2017, is transferred to Section 551.401,
  Transportation Code, redesignated as Section 551.401(3),
  Transportation Code, and amended to read as follows:
               (3) [(4)]  "Utility vehicle" means a motor vehicle that
  is not a golf cart[, as defined by Section 502.001,] 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.  This Act takes effect September 1, 2017, 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 effect on that
  date, this Act takes effect on the 91st day after the last day of the
  legislative session.