86R13949 JXC-D
 
  By: Fallon S.B. No. 2359
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of off-highway vehicles on a public
  street, road, or highway.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 502.001, Transportation Code, is amended
  by adding Subdivision (44-a) to read as follows:
               (44-a)  "Utility vehicle" has the meaning assigned by
  Section 663.001.
         SECTION 2.  Section 502.140, Transportation Code, is amended
  to read as follows:
         Sec. 502.140.  CERTAIN OFF-HIGHWAY VEHICLES. (a) Except as
  otherwise provided by Subsection (b), a person may not register an
  all-terrain vehicle, [or] a recreational off-highway vehicle, or a
  utility vehicle, with or without design alterations, for operation
  on a public highway.
         (b)  The state, a county, or a municipality may register an
  all-terrain vehicle, [or] a recreational off-highway vehicle, or a
  utility vehicle that is owned by the state, county, or municipality
  for operation on a public beach or highway to maintain public safety
  and welfare.
         (c) [(d)]  Section 504.401 does not apply to an all-terrain
  vehicle, [or] a recreational off-highway vehicle, or a utility
  vehicle.
         [(e)     An all-terrain vehicle or recreational off-highway
  vehicle that is owned by the state, a county, or a municipality and
  operated in compliance with Section 663.037 does not require
  registration under Subsection (b).]
         SECTION 3.  The heading to Section 663.037, Transportation
  Code, is amended to read as follows:
         Sec. 663.037.  OPERATION ON PUBLIC ROADWAY [PROHIBITED].
         SECTION 4.  Sections 663.037(a) and (f), Transportation
  Code, are amended to read as follows:
         (a)  A person may [not] operate an off-highway vehicle on a
  public street, road, or highway only [except] as provided by this
  section and Section 663.0372.
         (f)  This [Except as provided by Subsection (g), this]
  section does not apply to the operation of an off-highway vehicle
  that is registered under Section 502.140(b) [owned by the state, a
  county, or a municipality by a person who is an authorized operator
  of the vehicle].
         SECTION 5.  Subchapter C, Chapter 663, Transportation Code,
  is amended by adding Section 663.0372 to read as follows:
         Sec. 663.0372.  OPERATION ON PUBLIC ROADWAY IN CERTAIN
  COUNTIES. (a) In addition to operation authorized by Sections
  663.037 and 502.140(b), an off-highway vehicle may be operated on a
  public street, road, or highway in a county with a population of
  less than 150,000 in a manner authorized in that location for the
  operation of a neighborhood electric vehicle.
         (b)  If the Texas Department of Motor Vehicles adopts rules
  relating to the registration of and issuance of license plates for
  neighborhood electric vehicles under Section 551.302, the
  department must adopt corresponding rules for off-highway vehicles
  operating under this section.
         SECTION 6.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 7.  This Act takes effect September 1, 2019.