Bill Text: TX HB1548 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the operation of golf carts, neighborhood electric vehicles, and off-highway vehicles; authorizing fees.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2019-06-14 - Effective immediately [HB1548 Detail]
Download: Texas-2019-HB1548-Enrolled.html
H.B. No. 1548 |
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relating to the operation of golf carts, neighborhood electric | ||
vehicles, and off-highway vehicles; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 57.002(7), Business & Commerce Code, is | ||
amended to read as follows: | ||
(7) "Equipment": | ||
(A) means machinery, equipment, or implements or | ||
attachments to the machinery, equipment, or implements used for, or | ||
in connection with, any of the following purposes: | ||
(i) lawn, garden, golf course, landscaping, | ||
or grounds maintenance; | ||
(ii) planting, cultivating, irrigating, | ||
harvesting, or producing agricultural or forestry products; | ||
(iii) raising, feeding, or tending to | ||
livestock, [ |
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activity in connection with those activities; or | ||
(iv) industrial, construction, | ||
maintenance, mining, or utility activities or applications; and | ||
(B) does not mean: | ||
(i) trailers or self-propelled vehicles | ||
designed primarily for the transportation of persons or property on | ||
a street or highway; or | ||
(ii) [ |
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SECTION 2. Section 75.001(3), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(3) "Recreation" means an activity such as: | ||
(A) hunting; | ||
(B) fishing; | ||
(C) swimming; | ||
(D) boating; | ||
(E) camping; | ||
(F) picnicking; | ||
(G) hiking; | ||
(H) pleasure driving, including off-road | ||
motorcycling and off-road automobile driving and the use of | ||
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(I) nature study, including bird-watching; | ||
(J) cave exploration; | ||
(K) waterskiing and other water sports; | ||
(L) any other activity associated with enjoying | ||
nature or the outdoors; | ||
(M) bicycling and mountain biking; | ||
(N) disc golf; | ||
(O) on-leash and off-leash walking of dogs; or | ||
(P) radio control flying and related activities. | ||
SECTION 3. Section 2158.001(2), Government Code, is amended | ||
to read as follows: | ||
(2) "Golf cart" has the meaning assigned by Section | ||
551.401 [ |
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SECTION 4. Section 392.001(3), Health and Safety Code, is | ||
amended to read as follows: | ||
(3) "Golf cart" has the meaning assigned by Section | ||
551.401 [ |
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SECTION 5. Section 61.011(d), Natural Resources Code, is | ||
amended to read as follows: | ||
(d) The commissioner shall promulgate rules, consistent | ||
with the policies established in this section, on the following | ||
matters only: | ||
(1) acquisition by local governments or other | ||
appropriate entities or public dedication of access ways sufficient | ||
to provide adequate public ingress and egress to and from the beach | ||
within the area described in Subdivision (6); | ||
(2) protection of the public easement from erosion or | ||
reduction caused by development or other activities on adjacent | ||
land and beach cleanup and maintenance; | ||
(3) local government prohibitions of vehicular | ||
traffic on public beaches, provision of off-beach parking, the use | ||
on a public beach of a golf cart, as defined by Section 551.401 | ||
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with a physical disability, and other minimum measures needed to | ||
mitigate for any adverse effect on public access and dune areas; | ||
(4) imposition of beach access, user, or parking fees | ||
and reasonable exercises of the police power by local governments | ||
with respect to public beaches; | ||
(5) contents and certification of beach access and use | ||
plans and standards for local government review of construction on | ||
land adjacent to and landward of public beaches, including | ||
procedures for expedited review of beach access and use plans under | ||
Section 61.015; | ||
(6) construction on land adjacent to and landward of | ||
public beaches and lying in the area either up to the first public | ||
road generally parallel to the beach or to any closer public road | ||
not parallel to the beach, or to within 1,000 feet of mean high | ||
tide, whichever is greater, that affects or may affect public | ||
access to and use of public beaches; | ||
(7) the temporary suspension under Section 61.0185 of | ||
enforcement of the prohibition against encroachments on and | ||
interferences with the public beach easement and the ability of a | ||
property owner to make repairs to a house while a suspension is in | ||
effect; | ||
(8) the determination of the line of vegetation or | ||
natural line of vegetation; | ||
(9) the factors to be considered in determining | ||
whether a structure, improvement, obstruction, barrier, or hazard | ||
on the public beach: | ||
(A) constitutes an imminent hazard to safety, | ||
health, or public welfare; or | ||
(B) substantially interferes with the free and | ||
unrestricted right of the public to enter or leave the public beach | ||
or traverse any part of the public beach; | ||
(10) the procedures for determining whether a | ||
structure is not insurable property for purposes of Section | ||
2210.004, Insurance Code, because of the factors listed in | ||
Subsection (h) of that section; | ||
(11) the closure of beaches for space flight | ||
activities; and | ||
(12) the temporary suspension under Section 61.0171 of | ||
the determination of the "line of vegetation" or the "natural line | ||
of vegetation." | ||
SECTION 6. Section 63.002(4), Natural Resources Code, is | ||
amended to read as follows: | ||
(4) "Recreational vehicle" means a dune buggy, marsh | ||
buggy, minibike, trail bike, jeep, [ |
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Transportation Code, or any other mechanized vehicle that is being | ||
used for recreational purposes, but does not include a vehicle that | ||
is not being used for recreational purposes. | ||
SECTION 7. Section 29.001, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 29.001. DEFINITION. In this chapter, "off-highway | ||
vehicle" means: | ||
(1) an off-highway vehicle, as defined by Section | ||
551A.001 [ |
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Transportation Code; | ||
(2) an off-highway motorcycle; or | ||
(3) [ |
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[ |
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recreation on: | ||
(A) public land over which the department has | ||
authority or on land purchased or leased by the department; or | ||
(B) land acquired or developed under a grant made | ||
under Section 29.008 or any other grant program operated or | ||
administered by the department. | ||
SECTION 8. Section 501.002(17), Transportation Code, is | ||
amended to read as follows: | ||
(17) "Motor vehicle" means: | ||
(A) any motor driven or propelled vehicle | ||
required to be registered under the laws of this state; | ||
(B) a trailer or semitrailer, other than | ||
manufactured housing, that has a gross vehicle weight that exceeds | ||
4,000 pounds; | ||
(C) a travel trailer; | ||
(D) an off-highway vehicle, as defined by Section | ||
551A.001 [ |
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(E) a motorcycle, motor-driven cycle, or moped | ||
that is not required to be registered under the laws of this state. | ||
SECTION 9. Section 502.140, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 502.140. CERTAIN OFF-HIGHWAY VEHICLES. (a) In this | ||
section, "off-highway vehicle" has the meaning assigned by Section | ||
551A.001. | ||
(b) Except as provided by Subsection (c) [ |
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department [ |
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alterations, for operation on a public highway. | ||
(c) [ |
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county, or municipality for operation on a public beach or highway | ||
to maintain public safety and welfare. | ||
(d) Section 504.401 does not apply to an [ |
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(e) An [ |
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vehicle that is registered under this section: | ||
(1) is not subject to the requirements of Subchapter | ||
D, Chapter 551A; and | ||
(2) is subject to the requirements of Subchapter E, | ||
Chapter 551A [ |
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SECTION 10. Section 504.002, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 504.002. GENERAL PROVISIONS. (a) Unless expressly | ||
provided by this chapter or by department rule: | ||
(1) except for license plates specified as exempt, the | ||
fee for issuance of a license plate, including replacement plates, | ||
is in addition to each other fee that is paid for at the time of the | ||
registration of the motor vehicle and shall be deposited to the | ||
credit of the Texas Department of Motor Vehicles fund; | ||
(2) if the registration period is greater than 12 | ||
months, the expiration date of a specialty license plate, symbol, | ||
tab, or other device shall be aligned with the registration period, | ||
and the specialty plate fee shall be adjusted pro rata, except that | ||
if the statutory annual fee for a specialty license plate is $5 or | ||
less, it may not be prorated; | ||
(3) the department is the exclusive owner of the | ||
design of each license plate; | ||
(4) if a license plate is lost, stolen, or mutilated, | ||
an application for a replacement plate must be accompanied by the | ||
fee prescribed by Section 502.060; and | ||
(5) the department shall prepare the designs and | ||
specifications of license plates. | ||
(b) If necessary to cover the costs of issuing license | ||
plates for golf carts under Section 551.402 or off-highway vehicles | ||
under Section 551A.052, the department may charge an administrative | ||
fee, in an amount established by the department by rule, for the | ||
issuance of a golf cart or off-highway vehicle license plate. | ||
SECTION 11. Section 547.001, Transportation Code, is | ||
amended by amending Subdivision (2-a) and adding Subdivisions (11) | ||
and (12) to read as follows: | ||
(2-a) "Golf cart" has the meaning assigned by Section | ||
551.401 [ |
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(11) "Neighborhood electric vehicle" has the meaning | ||
assigned by Section 551.301. | ||
(12) "Off-highway vehicle" has the meaning assigned by | ||
Section 551A.001. | ||
SECTION 12. Section 547.002, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 547.002. APPLICABILITY. Unless a provision is | ||
specifically made applicable, this chapter and the rules of the | ||
department adopted under this chapter do not apply to: | ||
(1) an implement of husbandry; | ||
(2) road machinery; | ||
(3) a road roller; | ||
(4) a farm tractor; | ||
(5) a bicycle, a bicyclist, or bicycle equipment; | ||
(6) an electric bicycle, an electric bicyclist, or | ||
electric bicycle equipment; [ |
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(7) a golf cart; | ||
(8) a neighborhood electric vehicle; or | ||
(9) an off-highway vehicle [ |
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SECTION 13. Section 547.703(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) A golf cart, neighborhood electric vehicle, or | ||
off-highway vehicle that is operated at a speed of not more than 25 | ||
miles per hour is required to display a slow-moving-vehicle emblem | ||
when it is operated on a [ |
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SECTION 14. Section 548.052, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This | ||
chapter does not apply to: | ||
(1) a trailer, semitrailer, pole trailer, or mobile | ||
home moving under or bearing a current factory-delivery license | ||
plate or current in-transit license plate; | ||
(2) a vehicle moving under or bearing a paper dealer | ||
in-transit tag, machinery license, disaster license, parade | ||
license, prorate tab, one-trip permit, vehicle temporary transit | ||
permit, antique license, custom vehicle license, street rod | ||
license, temporary 24-hour permit, or permit license; | ||
(3) a trailer, semitrailer, pole trailer, or mobile | ||
home having an actual gross weight or registered gross weight of | ||
7,500 pounds or less; | ||
(4) farm machinery, road-building equipment, a farm | ||
trailer, or a vehicle required to display a slow-moving-vehicle | ||
emblem under Section 547.703; | ||
(5) a former military vehicle, as defined by Section | ||
504.502; | ||
(6) a vehicle qualified for a tax exemption under | ||
Section 152.092, Tax Code; or | ||
(7) a vehicle for which a certificate of title has been | ||
issued but that is not required to be registered, including an | ||
off-highway vehicle registered under Section 502.140(c). | ||
SECTION 15. The heading to Chapter 551, Transportation | ||
Code, is amended to read as follows: | ||
CHAPTER 551. OPERATION OF BICYCLES AND[ |
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OTHER LOW-POWERED [ |
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SECTION 16. Section 551.401, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 551.401. DEFINITION [ |
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subchapter, "golf cart" means a motor vehicle designed by the | ||
manufacturer primarily for use on a golf course[ |
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[ |
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SECTION 17. Section 551.402, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 551.402. REGISTRATION NOT AUTHORIZED; LICENSE PLATES. | ||
(a) The Texas Department of Motor Vehicles may not register a golf | ||
cart for operation on a [ |
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alteration has been made to the golf cart. | ||
(b) A person may operate a golf cart on a highway in a manner | ||
authorized by this subchapter only if the vehicle displays a | ||
license plate issued under this section. | ||
(c) [ |
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(1) shall by rule establish a procedure to [ |
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license plates for golf carts; and | ||
(2) [ |
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fee not to exceed $10 for the cost of the license plate, to be | ||
deposited to the credit of the Texas Department of Motor Vehicles | ||
fund. | ||
(d) A golf cart license plate does not expire. A person who | ||
becomes the owner of a golf cart for which the previous owner | ||
obtained a license plate may not use the previous owner's license | ||
plate. | ||
SECTION 18. Subchapter F, Chapter 551, Transportation Code, | ||
is amended by amending Section 551.403 and adding Section 551.4031 | ||
to read as follows: | ||
Sec. 551.403. [ |
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AREAS. [ |
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(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 that is open to | ||
vehicular traffic; or | ||
(3) on a [ |
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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. | ||
Sec. 551.4031. PROHIBITION OF OPERATION ON HIGHWAY BY | ||
MUNICIPALITY, COUNTY, OR DEPARTMENT. (a) A county or municipality | ||
may prohibit the operation of a golf cart on a highway under Section | ||
551.404 if the governing body of the county or municipality | ||
determines that the prohibition is necessary in the interest of | ||
safety. | ||
(b) The Texas Department of Transportation [ |
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prohibition is necessary in the interest of safety. | ||
SECTION 19. Subchapter F, Chapter 551, Transportation Code, | ||
is amended by amending Section 551.404 and adding Section 551.4041 | ||
to read as follows: | ||
Sec. 551.404. OPERATION ON HIGHWAY AUTHORIZED BY | ||
MUNICIPALITY OR [ |
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addition to the operation authorized by Section 551.403, the | ||
governing body of a municipality may allow an operator to operate a | ||
golf cart on all or part of a [ |
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(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) [ |
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Section 551.403, the commissioners court of a county described by | ||
Subsection (c) [ |
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on all or part of a [ |
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(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) [ |
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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 37,000; and | ||
(B) contains a part of a barrier island or | ||
peninsula that borders the Gulf of Mexico. | ||
Sec. 551.4041. EQUIPMENT. [ |
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Section 551.404 [ |
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(1) headlamps; | ||
(2) taillamps; | ||
(3) reflectors; | ||
(4) parking brake; and | ||
(5) mirrors. | ||
SECTION 20. Section 551.405, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 551.405. CROSSING INTERSECTIONS [ |
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golf cart may cross a highway at an intersection [ |
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including an intersection with a highway [ |
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posted speed limit of more than 35 miles per hour. | ||
SECTION 21. Section 551.451, Transportation Code, is | ||
amended by amending Subdivision (2) and adding Subdivision (4-a) to | ||
read as follows: | ||
(2) "Golf cart" has the meaning assigned by Section | ||
551.401 [ |
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(4-a) "Off-highway vehicle" has the meaning assigned by | ||
Section 551A.001. | ||
SECTION 22. Section 551.452(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The Texas Department of Motor Vehicles may issue | ||
distinguishing license plates for a vehicle operated by a motor | ||
carrier for the purpose of picking up and delivering mail, parcels, | ||
and packages if the vehicle: | ||
(1) is[ |
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off-highway vehicle[ |
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(2) is equipped with headlamps, taillamps, | ||
reflectors, a parking brake, and mirrors, in addition to any other | ||
equipment required by law. | ||
SECTION 23. Section 551.457, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 551.457. CONFLICTS. In the case of a conflict between | ||
this subchapter and other law, including Chapters 502 and 551A | ||
[ |
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SECTION 24. Subtitle C, Title 7, Transportation Code, is | ||
amended by adding Chapter 551A, and a heading is added to that | ||
chapter to read as follows: | ||
CHAPTER 551A. OFF-HIGHWAY VEHICLES | ||
SECTION 25. Subchapters A and B, Chapter 663, | ||
Transportation Code, are transferred to Chapter 551A, | ||
Transportation Code, as added by this Act, redesignated as | ||
Subchapters A and B, Chapter 551A, Transportation Code, and amended | ||
to read as follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 551A.001 [ |
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(1) "All-terrain vehicle" means a motor vehicle that | ||
is: | ||
(A) equipped with a seat or seats for the use of: | ||
(i) the rider; and | ||
(ii) a passenger, if the motor vehicle is | ||
designed by the manufacturer to transport a passenger; | ||
(B) designed to propel itself with three or more | ||
tires in contact with the ground; | ||
(C) designed by the manufacturer for off-highway | ||
use; | ||
(D) not designed by the manufacturer primarily | ||
for farming or lawn care; and | ||
(E) not more than 50 inches wide. | ||
(2) [ |
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privately owned, that borders the seaward shore of the Gulf of | ||
Mexico. | ||
(3) [ |
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[ |
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off-highway vehicle, [ |
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[ |
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(4) [ |
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[ |
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authorized under Chapter 29, Parks and Wildlife Code [ |
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(5) "Recreational off-highway vehicle" means a motor | ||
vehicle that is: | ||
(A) equipped with a seat or seats for the use of: | ||
(i) the rider; and | ||
(ii) a passenger or passengers, if the | ||
vehicle is designed by the manufacturer to transport a passenger or | ||
passengers; | ||
(B) designed to propel itself with four or more | ||
tires in contact with the ground; | ||
(C) designed by the manufacturer for off-highway | ||
use by the operator only; and | ||
(D) not designed by the manufacturer primarily | ||
for farming or lawn care. | ||
(6) [ |
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is not a golf cart, as defined by Section 551.401 [ |
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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. | ||
Sec. 551A.002 [ |
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LAWS. (a) [ |
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Chapter 521 does not apply to the operation or ownership of an | ||
off-highway vehicle on public off-highway vehicle land [ |
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(b) Chapter 1001, Education Code, does not apply to | ||
instruction in the operation of an off-highway vehicle provided | ||
under the operator education and certification program established | ||
by this chapter. | ||
SUBCHAPTER B. OFF-HIGHWAY VEHICLE OPERATOR EDUCATION AND | ||
CERTIFICATION FOR OPERATION ON PUBLIC LAND OR BEACH | ||
Sec. 551A.011 [ |
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AGENCY. The governor shall designate a division of the governor's | ||
office or a state agency to establish and administer an off-highway | ||
vehicle operator education and certification program. | ||
Sec. 551A.012 [ |
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of the off-highway vehicle operator education and certification | ||
program is to make available courses in basic training and safety | ||
skills relating to the operation of off-highway vehicles and to | ||
issue safety certificates to operators who successfully complete | ||
the educational program requirements or pass a test established | ||
under the program. | ||
Sec. 551A.013 [ |
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COORDINATOR. (a) The designated division or state agency shall | ||
employ an off-highway vehicle safety coordinator. | ||
(b) The coordinator shall supervise the off-highway vehicle | ||
operator education and certification program and shall determine: | ||
(1) locations at which courses will be offered; | ||
(2) fees for the courses; | ||
(3) qualifications of instructors; | ||
(4) course curriculum; and | ||
(5) standards for operator safety certification. | ||
(c) In establishing standards for instructors, curriculum, | ||
and operator certification, the coordinator shall consult and be | ||
guided by standards established by recognized off-highway vehicle | ||
safety organizations. | ||
Sec. 551A.014 [ |
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education program and certify off-highway vehicle operators, the | ||
designated division or state agency may contract with nonprofit | ||
safety organizations, nonprofit educational organizations, or | ||
agencies of local governments. | ||
Sec. 551A.015 [ |
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If the off-highway vehicle safety coordinator determines that | ||
vehicle operation is not feasible in a program component or at a | ||
particular program location, the operator education and | ||
certification program for persons who are at least 14 years of age | ||
may use teaching or testing methods that do not involve the actual | ||
operation of an off-highway vehicle. | ||
(b) An operator safety certificate may not be issued to a | ||
person younger than 14 years of age unless the person has | ||
successfully completed a training course that involves the actual | ||
operation of an off-highway vehicle. | ||
Sec. 551A.016 [ |
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charge, for a course under the off-highway vehicle operator | ||
education and certification program, a fee that is reasonably | ||
related to the costs of administering the course. | ||
Sec. 551A.017 [ |
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CANCELLATION OF APPROVAL. (a) The designated division or state | ||
agency may deny, suspend, or cancel its approval for a program | ||
sponsor to conduct or for an instructor to teach a course offered | ||
under this chapter if the applicant, sponsor, or instructor: | ||
(1) does not satisfy the requirements established | ||
under this chapter to receive or retain approval; | ||
(2) permits fraud or engages in fraudulent practices | ||
with reference to an application to the division or agency; | ||
(3) induces or countenances fraud or fraudulent | ||
practices by a person applying for a driver's license or permit; | ||
(4) permits or engages in a fraudulent practice in an | ||
action between the applicant or license holder and the public; or | ||
(5) fails to comply with rules of the division or | ||
agency. | ||
(b) Before the designated division or agency may deny, | ||
suspend, or cancel the approval of a program sponsor or an | ||
instructor, notice and opportunity for a hearing must be given as | ||
provided by: | ||
(1) Chapter 2001, Government Code; and | ||
(2) Chapter 53, Occupations Code. | ||
Sec. 551A.018 [ |
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state agency may adopt rules to administer this chapter. | ||
Sec. 551A.019 [ |
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division or state agency by rule may temporarily exempt the | ||
residents of any county from Section 551A.015 [ |
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Section 551A.031(b)(1) [ |
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education and certification program is established at a location | ||
that is reasonably accessible to the residents of that county. | ||
SECTION 26. The heading to Subchapter C, Chapter 663, | ||
Transportation Code, is transferred to Chapter 551A, | ||
Transportation Code, as added by this Act, redesignated as | ||
Subchapter C, Chapter 551A, Transportation Code, and amended to | ||
read as follows: | ||
SUBCHAPTER C. OFF-HIGHWAY OPERATION OF OFF-HIGHWAY VEHICLES | ||
SECTION 27. Sections 663.031, 663.032, and 663.0371, | ||
Transportation Code, are transferred to Subchapter C, Chapter 551A, | ||
Transportation Code, as transferred and redesignated by this Act, | ||
redesignated as Sections 551A.031, 551A.032, and 551A.033, | ||
Transportation Code, and amended to read as follows: | ||
Sec. 551A.031 [ |
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SAFETY CERTIFICATE REQUIRED. (a) A person may not operate an | ||
off-highway vehicle on land owned or leased by the state or a | ||
political subdivision of the state that is not open to vehicular | ||
traffic unless: | ||
(1) the land is public off-highway vehicle land; and | ||
(2) the operation is in compliance with: | ||
(A) this chapter; and | ||
(B) Chapter 29, Parks and Wildlife Code. | ||
(b) A person may not operate an off-highway vehicle on | ||
public off-highway vehicle land [ |
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person: | ||
(1) holds a safety certificate issued under this | ||
chapter or under the authority of another state; | ||
(2) is taking a safety training course under the | ||
direct supervision of a certified off-highway vehicle safety | ||
instructor; or | ||
(3) is under the direct supervision of an adult who | ||
holds a safety certificate issued under this chapter or under the | ||
authority of another state. | ||
(c) [ |
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Subsection (b) [ |
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(1) carry the certificate when the person operates an | ||
off-highway vehicle on public off-highway vehicle land [ |
||
or a beach; and | ||
(2) display the certificate at the request of any law | ||
enforcement officer. | ||
Sec. 551A.032 [ |
||
VEHICLE LAND BY PERSON YOUNGER THAN 14. A person younger than 14 | ||
years of age who is operating an off-highway vehicle on public | ||
off-highway vehicle land must be accompanied by and be under the | ||
direct supervision of: | ||
(1) the person's parent or guardian; or | ||
(2) an adult who is authorized by the person's parent | ||
or guardian. | ||
Sec. 551A.033 [ |
||
may [ |
||
provided by this section. | ||
(b) A person operating an off-highway vehicle on a beach | ||
must hold and have in the person's possession a driver's license | ||
[ |
||
|
||
(c) Except as provided by Chapters 61 and 63, Natural | ||
Resources Code, an operator of an off-highway vehicle may drive the | ||
vehicle on a beach that is open to motor vehicle traffic. | ||
(d) Except as provided by Chapters 61 and 63, Natural | ||
Resources Code, a person who is authorized to operate an | ||
off-highway vehicle that is owned by the state, a county, or a | ||
municipality may drive the vehicle on any beach if the vehicle is | ||
registered under Section 502.140(c) [ |
||
(e) The Texas Department of Transportation or a county or | ||
municipality may prohibit the operation of an off-highway vehicle | ||
on a beach if the department or the governing body of the county or | ||
municipality determines that the prohibition is necessary in the | ||
interest of safety. | ||
SECTION 28. Sections 663.037(b) and (c), Transportation | ||
Code, are transferred to Subchapter C, Chapter 551A, Transportation | ||
Code, as transferred and redesignated by this Act, redesignated as | ||
Section 551A.034, Transportation Code, and amended to read as | ||
follows: | ||
Sec. 551A.034. CROSSING HIGHWAY AT POINT OTHER THAN | ||
INTERSECTION. (a) [ |
||
may drive the vehicle across a [ |
||
that is not an interstate or limited-access highway at a point other | ||
than an intersection[ |
||
(1) brings the vehicle to a complete stop before | ||
crossing the shoulder or main traveled way of the roadway; | ||
(2) yields the right-of-way to oncoming traffic that | ||
is an immediate hazard; and | ||
(3) makes the crossing: | ||
(A) at an angle of approximately 90 degrees to | ||
the roadway; | ||
(B) at a place where no obstruction prevents a | ||
quick and safe crossing; and | ||
(C) with the vehicle's headlights and taillights | ||
lighted. | ||
(b) Notwithstanding Subsection (a), the [ |
||
of an off-highway vehicle may drive the vehicle across a divided | ||
highway other than an interstate or limited access highway only at | ||
an intersection of the highway with another [ |
||
|
||
SECTION 29. Chapter 551A, Transportation Code, as added by | ||
this Act, is amended by adding Subchapter D, and a heading is added | ||
to that subchapter to read as follows: | ||
SUBCHAPTER D. OPERATION ON HIGHWAY | ||
SECTION 30. Sections 663.037(a) and (f), Transportation | ||
Code, are transferred to Subchapter D, Chapter 551A, Transportation | ||
Code, as added by this Act, redesignated as Section 551A.051, | ||
Transportation Code, and amended to read as follows: | ||
Sec. 551A.051. APPLICABILITY. (a) A person may [ |
||
operate an off-highway vehicle on a [ |
||
highway only [ |
||
(b) This subchapter [ |
||
|
||
vehicle that is owned and registered as authorized by Section | ||
502.140(c) by the state, a county, or a municipality by a person who | ||
is an authorized operator of the vehicle. | ||
SECTION 31. Subchapter D, Chapter 551A, Transportation | ||
Code, as added by this Act, is amended by adding Sections 551A.052, | ||
551A.053, 551A.054, 551A.055, and 551A.056 to read as follows: | ||
Sec. 551A.052. REGISTRATION; LICENSE PLATES. (a) Except as | ||
provided by Section 502.140(c), the Texas Department of Motor | ||
Vehicles may not register an off-highway vehicle for operation on a | ||
highway regardless of whether any alteration has been made to the | ||
vehicle. | ||
(b) An operator may operate an unregistered off-highway | ||
vehicle on a highway in a manner authorized by this subchapter only | ||
if the vehicle displays a license plate issued under this section. | ||
(c) The Texas Department of Motor Vehicles: | ||
(1) shall by rule establish a procedure to issue | ||
license plates for unregistered off-highway vehicles; and | ||
(2) may charge a fee not to exceed $10 for the cost of | ||
the license plate, to be deposited to the credit of the Texas | ||
Department of Motor Vehicles fund. | ||
(d) An off-highway vehicle license plate issued under | ||
Subsection (c) does not expire. A person who becomes the owner of an | ||
off-highway vehicle for which the previous owner obtained a license | ||
plate may not use the previous owner's license plate. | ||
Sec. 551A.053. OPERATION ON HIGHWAY AUTHORIZED BY | ||
MUNICIPALITY OR CERTAIN COUNTIES. (a) In addition to the operation | ||
authorized by Section 551A.055, the governing body of a | ||
municipality may allow an operator to operate an unregistered | ||
off-highway vehicle on all or part of a 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 | ||
551A.055, the commissioners court of a county described by | ||
Subsection (c) may allow an operator to operate an unregistered | ||
off-highway vehicle on all or part of a highway that: | ||
(1) is located in the unincorporated area of the | ||
county; and | ||
(2) has a posted 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 37,000; and | ||
(B) contains a part of a barrier island or | ||
peninsula that borders the Gulf of Mexico. | ||
Sec. 551A.054. PROHIBITION OF OPERATION IN CERTAIN AREAS BY | ||
MUNICIPALITY, COUNTY, OR DEPARTMENT. (a) A county or municipality | ||
may prohibit the operation of an unregistered off-highway vehicle | ||
on a highway under Section 551A.055 if the governing body of the | ||
county or municipality determines that the prohibition is necessary | ||
in the interest of safety. | ||
(b) The Texas Department of Transportation may prohibit the | ||
operation of an unregistered off-highway vehicle on a highway under | ||
Section 551A.055 if that department determines that the prohibition | ||
is necessary in the interest of safety. | ||
Sec. 551A.055. OPERATION AUTHORIZED IN CERTAIN AREAS. An | ||
operator may operate an unregistered off-highway 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 highway for which the posted speed limit is | ||
not more than 35 miles per hour, if the off-highway vehicle is | ||
operated: | ||
(A) during the daytime; and | ||
(B) not more than two miles from the location | ||
where the off-highway vehicle is usually parked and for | ||
transportation to or from a golf course. | ||
Sec. 551A.056. CROSSING INTERSECTIONS. An unregistered | ||
off-highway vehicle may cross a highway at an intersection, | ||
including an intersection with a highway that has a posted speed | ||
limit of more than 35 miles per hour. | ||
SECTION 32. Sections 663.037(d) and (g), Transportation | ||
Code, as amended by Chapters 125 (H.B. 920) and 1052 (H.B. 1956), | ||
Acts of the 85th Legislature, Regular Session, 2017, are | ||
transferred to Subchapter D, Chapter 551A, Transportation Code, as | ||
added by this Act, redesignated as Sections 551A.057 and 551A.058, | ||
Transportation Code, and reenacted and amended to read as follows: | ||
Sec. 551A.057. AGRICULTURAL OR UTILITY OPERATION ON | ||
HIGHWAY. (a) [ |
||
vehicle may operate [ |
||
|
||
(1) the transportation is in connection with: | ||
(A) the production, cultivation, care, | ||
harvesting, preserving, drying, processing, canning, storing, | ||
handling, shipping, marketing, selling, or use of agricultural | ||
products, as defined by Section 52.002, Agriculture Code; or | ||
(B) utility work performed by a utility; | ||
(2) the operator attaches to the back of the vehicle a | ||
triangular orange flag that is at least six feet above ground level; | ||
(3) the vehicle's headlights and taillights are | ||
illuminated; | ||
(4) [ |
||
|
||
[ |
||
daytime; and | ||
(5) [ |
||
a distance of 25 miles from the point of origin to the destination. | ||
(b) Notwithstanding Section 551A.052, an off-highway | ||
vehicle operated under this section is not required to display a | ||
license plate. | ||
Sec. 551A.058. LAW ENFORCEMENT OPERATION. (a) [ |
||
peace officer or other person who provides law enforcement, | ||
firefighting, ambulance, medical, or other emergency services, | ||
including a volunteer firefighter, may operate an unregistered | ||
off-highway vehicle on a [ |
||
not an interstate or limited-access highway [ |
||
(1) the transportation is in connection with the | ||
performance of the operator's official duty; | ||
(2) the operator attaches to the back of the vehicle a | ||
triangular orange flag that is at least six feet above ground level; | ||
(3) the vehicle's headlights and taillights are | ||
illuminated; and | ||
(4) [ |
||
|
||
[ |
||
distance of 10 miles from the point of origin to the destination. | ||
(b) Notwithstanding Section 551A.052, an off-highway | ||
vehicle operated under this section is not required to display a | ||
license plate. | ||
SECTION 33. Section 663.037(d-1), Transportation Code, is | ||
transferred to Section 551A.057, Transportation Code, as added by | ||
this Act, redesignated as Section 551A.057(c), Transportation | ||
Code, and amended to read as follows: | ||
(c) [ |
||
eye protection use, safety certification, and other vehicular | ||
restrictions do not apply to the operation of an off-highway | ||
vehicle under this section [ |
||
SECTION 34. Section 663.037(e), Transportation Code, is | ||
transferred to Subchapter D, Chapter 551A, Transportation Code, as | ||
added by this Act, redesignated as Section 551A.059, Transportation | ||
Code, and amended to read as follows: | ||
Sec. 551A.059. FLAG STANDARDS. [ |
||
Department of Public Safety shall adopt standards and | ||
specifications that apply to the color, size, and mounting position | ||
of the flags [ |
||
[ |
||
SECTION 35. Chapter 551A, Transportation Code, as added by | ||
this Act, is amended by adding Subchapter E, and a heading is added | ||
to that subchapter to read as follows: | ||
SUBCHAPTER E. EQUIPMENT AND SAFETY REQUIREMENTS | ||
SECTION 36. Sections 663.033, 663.034, 663.035, and | ||
663.036, Transportation Code, are transferred to Subchapter E, | ||
Chapter 551A, Transportation Code, as added by this Act, | ||
redesignated as Sections 551A.071, 551A.072, 551A.073, and | ||
551A.074, Transportation Code, and amended to read as follows: | ||
Sec. 551A.071 [ |
||
LIGHTS. (a) An off-highway vehicle that is operated on public | ||
off-highway vehicle land, [ |
||
be equipped with: | ||
(1) a brake system maintained in good operating | ||
condition; | ||
(2) an adequate muffler system in good working | ||
condition; and | ||
(3) a United States Forest Service qualified spark | ||
arrester. | ||
(b) An off-highway vehicle that is operated on public | ||
off-highway vehicle land, [ |
||
display a lighted headlight and taillight: | ||
(1) during the period from one-half hour after sunset | ||
to one-half hour before sunrise; and | ||
(2) at any time when visibility is reduced because of | ||
insufficient light or atmospheric conditions. | ||
(c) A person may not operate an off-highway vehicle on | ||
public off-highway vehicle land, [ |
||
highway if: | ||
(1) the vehicle has an exhaust system that has been | ||
modified with a cutout, bypass, or similar device; or | ||
(2) the spark arrester has been removed or modified, | ||
unless the vehicle is being operated in a closed-course competition | ||
event. | ||
(d) The coordinator may exempt off-highway vehicles that | ||
are participating in certain competitive events from the | ||
requirements of this section. | ||
Sec. 551A.072 [ |
||
person may not operate, ride, or be carried on an off-highway | ||
vehicle on public off-highway vehicle land, [ |
||
or a highway unless the person wears: | ||
(1) a safety helmet that complies with United States | ||
Department of Transportation standards; [ |
||
(2) eye protection; and | ||
(3) seat belts, if the vehicle is equipped with seat | ||
belts. | ||
(b) Subsections (a)(1) and (2) do not apply to a motor | ||
vehicle that has four wheels, is equipped with bench or bucket seats | ||
and seat belts, and includes a roll bar or roll cage construction to | ||
reduce the risk of injury to an occupant of the vehicle in case of | ||
vehicle rollover. | ||
(c) This section does not apply to a motor vehicle that is in | ||
the process of being loaded into or unloaded from a trailer or | ||
another vehicle used to transport the vehicle. | ||
Sec. 551A.073 [ |
||
PROHIBITED. A person may not operate an off-highway vehicle on | ||
public off-highway vehicle land [ |
||
or reckless manner that endangers, injures, or damages any person | ||
or property. | ||
Sec. 551A.074 [ |
||
not carry a passenger on an off-highway vehicle operated on public | ||
off-highway vehicle land, [ |
||
unless the vehicle is designed by the manufacturer to transport a | ||
passenger. | ||
SECTION 37. Chapter 551A, Transportation Code, as added by | ||
this Act, is amended by adding Subchapter F, and a heading is added | ||
to that subchapter to read as follows: | ||
SUBCHAPTER F. CERTAIN OFFENSES | ||
SECTION 38. Section 663.038, Transportation Code, is | ||
transferred to Subchapter F, Chapter 551A, Transportation Code, as | ||
added by this Act, redesignated as Section 551A.091, Transportation | ||
Code, and amended to read as follows: | ||
Sec. 551A.091 [ |
||
OFF-HIGHWAY VEHICLE LAND OR BEACH[ |
||
|
||
|
||
[ |
||
|
||
public off-highway vehicle land or a beach [ |
||
misdemeanor. | ||
SECTION 39. Section 601.052(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Section 601.051 does not apply to: | ||
(1) the operation of a motor vehicle that: | ||
(A) is a former military vehicle or is at least 25 | ||
years old; | ||
(B) is used only for exhibitions, club | ||
activities, parades, and other functions of public interest and not | ||
for regular transportation; and | ||
(C) for which the owner files with the department | ||
an affidavit, signed by the owner, stating that the vehicle is a | ||
collector's item and used only as described by Paragraph (B); | ||
(2) [ |
||
that is operated only as authorized by Section 551.304; | ||
(2-a) [ |
||
authorized by Section [ |
||
(2-b) an off-highway vehicle that is operated only as | ||
authorized by Subchapter C, Chapter 551A, or Section 551A.055 of | ||
this code or Chapter 29, Parks and Wildlife Code; or | ||
(3) a volunteer fire department for the operation of a | ||
motor vehicle the title of which is held in the name of a volunteer | ||
fire department. | ||
SECTION 40. The heading to Subtitle G, Title 7, | ||
Transportation Code, is amended to read as follows: | ||
SUBTITLE G. MOTORCYCLES [ |
||
SECTION 41. The following provisions are repealed: | ||
(1) Sections 63.002(4-a) and (4-b), Natural Resources | ||
Code; | ||
(2) Section 29.011, Parks and Wildlife Code; | ||
(3) Sections 502.001(1), (18), and (37), and | ||
551.451(1), (6), and (7), Transportation Code; | ||
(4) the heading to Section 663.037, Transportation | ||
Code; and | ||
(5) the heading to Chapter 663, Transportation Code. | ||
SECTION 42. 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 43. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1548 was passed by the House on May 2, | ||
2019, by the following vote: Yeas 142, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1548 on May 24, 2019, by the following vote: Yeas 142, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1548 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |