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A BILL TO BE ENTITLED
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AN ACT
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relating to the registration and operation of golf carts and |
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utility vehicles; authorizing a fee; amending and adding provisions |
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subject to a general criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter F, Chapter 551, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER F. GOLF CARTS [AND UTILITY VEHICLES] |
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SECTION 2. Section 551.401, Transportation Code, is amended |
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to read as follows: |
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Sec. 551.401. DEFINITION [DEFINITIONS]. In this |
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subchapter, "golf [:
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[(1) "Golf] cart" and "public highway" have the |
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meanings assigned by Section 502.001. |
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[(2)
"Utility vehicle" means a motor vehicle that is
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not a golf cart or lawn mower and is:
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[(A)
equipped with side-by-side seating for the
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use of the operator and a passenger;
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[(B)
designed to propel itself with at least four
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tires in contact with the ground;
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[(C)
designed by the manufacturer for
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off-highway use only; and
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[(D)
designed by the manufacturer primarily for
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utility work and not for recreational purposes.] |
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SECTION 3. Sections 551.404(a-1) and (b), Transportation |
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Code, are amended to read as follows: |
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(a-1) In addition to the operation authorized by Section |
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551.403, the commissioners court of a county described by |
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Subsection (a-2) may allow an operator to operate a golf cart [or
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utility vehicle] on all or part of a public highway that: |
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(1) is located in the unincorporated area of the |
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county; and |
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(2) has a speed limit of not more than 35 miles per |
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hour. |
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(b) A golf cart [or utility vehicle] operated under this |
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section must have the following equipment: |
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(1) headlamps; |
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(2) taillamps; |
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(3) reflectors; |
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(4) parking brake; and |
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(5) mirrors. |
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SECTION 4. Subchapter F, Chapter 551, Transportation Code, |
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is amended by adding Section 551.406 to read as follows: |
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Sec. 551.406. RULES IN MASTER PLANNED COMMUNITIES. A |
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master planned community may adopt reasonable safety and |
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maintenance rules for the operation of a golf cart in the community. |
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SECTION 5. Chapter 551, Transportation Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. COMMERCIAL UTILITY VEHICLES |
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Sec. 551.451. DEFINITIONS. In this subchapter: |
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(1) "Commercial utility vehicle" means a motor vehicle |
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that is not a golf cart or lawn mower and is: |
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(A) equipped with side-by-side seating for use by |
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the operator and a passenger; |
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(B) designed to propel itself with at least four |
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tires in contact with the ground; |
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(C) designed by the manufacturer for on- or |
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off-highway use; and |
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(D) designed by the manufacturer primarily for |
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commercial utility work and not for recreational purposes. |
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(2) "Golf cart" and "public highway" have the meanings |
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assigned by Section 502.001. |
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Sec. 551.452. REGISTRATION. (a) The Texas Department of |
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Motor Vehicles may register a commercial utility vehicle for |
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operation on public highways in accordance with this subchapter. |
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(b) The Texas Department of Motor Vehicles may issue license |
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plates for a commercial utility vehicle as authorized by Subsection |
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(c). |
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(c) The Texas Department of Motor Vehicles by rule shall |
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establish a procedure to issue the license plates to be used for |
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operation in accordance with this subchapter. |
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(d) The Texas Department of Motor Vehicles may charge a fee |
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not to exceed $25 for the cost of the license plates. |
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Sec. 551.453. LIMITED OPERATION. (a) An operator may |
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operate a commercial utility vehicle: |
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(1) in a master planned community: |
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(A) that has in place a uniform set of |
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restrictive covenants; and |
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(B) for which a county or municipality has |
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approved a plat; or |
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(2) on a public or private beach. |
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(b) An operator who is an employee or agent of a political |
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subdivision may operate a commercial utility vehicle that is owned |
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by the political subdivision on any public highway. |
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Sec. 551.454. OPERATION IN MUNICIPALITIES AND CERTAIN |
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COUNTIES. (a) In addition to the operation authorized by Section |
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551.453, the governing body of a municipality may allow an operator |
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to operate a commercial utility vehicle on all or part of a public |
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highway that: |
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(1) is in the corporate boundaries of the |
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municipality; and |
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(2) has a posted speed limit of not more than 35 miles |
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per hour. |
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(b) In addition to the operation authorized by Section |
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551.453, the commissioners court of a county described by |
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Subsection (c) may allow an operator to operate a commercial |
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utility vehicle on all or part of a public highway that: |
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(1) is located in the unincorporated area of the |
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county; and |
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(2) has a speed limit of not more than 35 miles per |
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hour. |
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(c) Subsection (b) applies only to a county that: |
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(1) borders or contains a portion of the Red River; |
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(2) borders or contains a portion of the Guadalupe |
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River and contains a part of a barrier island that borders the Gulf |
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of Mexico; or |
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(3) is adjacent to a county described by Subdivision |
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(2) and: |
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(A) has a population of less than 30,000; and |
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(B) contains a part of a barrier island that |
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borders the Gulf of Mexico. |
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(d) A commercial utility vehicle operated under this |
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section must have the following equipment: |
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(1) headlamps; |
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(2) taillamps; |
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(3) reflectors; |
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(4) parking brake; and |
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(5) mirrors. |
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Sec. 551.455. CROSSING CERTAIN ROADWAYS. A commercial |
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utility vehicle may cross intersections, including a road or street |
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that has a posted speed limit of more than 35 miles per hour. |
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Sec. 551.456. RULES IN MASTER PLANNED COMMUNITIES. A |
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master planned community may adopt reasonable safety and |
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maintenance rules for the operation of a commercial utility vehicle |
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in the community. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |