Bill Text: TX HB3103 | 2015-2016 | 84th Legislature | Engrossed

---

Bill Title: Relating to the registration and operation of golf carts and utility vehicles; authorizing a fee; amending and adding provisions subject to a general criminal penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2015-05-11 - Referred to Transportation [HB3103 Detail]

Download: Texas-2015-HB3103-Engrossed.html

---

84R23644 JXC-F
By: Murphy H.B. No. 3103

A BILL TO BE ENTITLED
AN ACT
relating to the registration and operation of golf carts and
utility vehicles; authorizing a fee; amending and adding provisions
subject to a general criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter F, Chapter 551,
Transportation Code, is amended to read as follows:
SUBCHAPTER F. GOLF CARTS [AND UTILITY VEHICLES]
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 3. Sections 551.404(a-1) and (b), Transportation
Code, 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 4. Subchapter F, Chapter 551, Transportation Code,
is amended by adding Section 551.406 to read as follows:
Sec. 551.406. RULES IN MASTER PLANNED COMMUNITIES. A
master planned community may adopt reasonable safety and
maintenance rules for the operation of a golf cart in the community.
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.
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.
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.
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 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, 2015.