Bill Text: TX HB2386 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the operation of all-terrain vehicles on public highways; providing a penalty; authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-09 - Left pending in committee [HB2386 Detail]
Download: Texas-2013-HB2386-Introduced.html
83R6523 JRR-D | ||
By: Capriglione | H.B. No. 2386 |
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relating to the operation of all-terrain vehicles on public | ||
highways; providing a penalty; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 502.001(1), Transportation Code, is | ||
amended to read as follows: | ||
(1) "All-terrain vehicle" means a motor vehicle that | ||
is: | ||
(A) equipped with a saddle 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 or retrofitted for on- or off-highway use; and | ||
(D) not designed by the manufacturer primarily | ||
for farming or lawn care. | ||
SECTION 2. Section 502.040, Transportation Code, is amended | ||
by adding Subsection (e) to read as follows: | ||
(e) A provision of this subchapter applicable to a | ||
motorcycle also applies to an all-terrain vehicle operated on a | ||
public street, road, or highway as authorized by Section | ||
663.037(d-2). | ||
SECTION 3. Section 502.059(f), Transportation Code, is | ||
amended to read as follows: | ||
(f) The registration insignia shall be attached to the rear | ||
license plate of the vehicle, if the vehicle is: | ||
(1) a motorcycle; | ||
(2) machinery used exclusively to drill water wells or | ||
construction machinery for which a distinguishing license plate has | ||
been issued under Section 502.146; [ |
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(3) oil well servicing, oil clean out, or oil well | ||
drilling machinery or equipment for which a distinguishing license | ||
plate has been issued under Subchapter G, Chapter 623; or | ||
(4) an all-terrain vehicle. | ||
SECTION 4. Section 502.140(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Section 502.040 and Subsection | ||
(b), a person may not register an all-terrain vehicle or a | ||
recreational off-highway vehicle, with or without design | ||
alterations, for operation on a public highway. | ||
SECTION 5. Section 502.251, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 502.251. FEE: MOTORCYCLE, [ |
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VEHICLE. The fee for a registration year for registration of a | ||
motorcycle, [ |
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Section 502.040 is $30. | ||
SECTION 6. Section 521.084, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 521.084. CLASS M LICENSE. A Class M driver's license | ||
authorizes the holder of the license to operate an all-terrain | ||
vehicle registered under Section 502.040, a motorcycle, or a moped. | ||
SECTION 7. Section 521.085(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Unless prohibited by Chapter 522, and except as provided | ||
by Subsection (b), the license holder may operate any vehicle of the | ||
type for which that class of license is issued and any lesser type | ||
of vehicle other than an all-terrain vehicle registered under | ||
Section 502.040, a motorcycle, or a moped. | ||
SECTION 8. Section 521.122(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The department may include on the driver's license an | ||
authorization to operate an all-terrain vehicle registered under | ||
Section 502.040, a motorcycle, or a moped if the license holder has | ||
met all requirements for a Class M license. | ||
SECTION 9. Subchapter K, Chapter 521, Transportation Code, | ||
is amended by adding Section 521.226 to read as follows: | ||
Sec. 521.226. ALL-TERRAIN VEHICLE LICENSE. (a) A person | ||
may not operate an all-terrain vehicle registered under Section | ||
502.040 on a highway in this state unless the person holds a | ||
driver's license. An applicant for an all-terrain vehicle license | ||
must be 16 years of age or older. | ||
(b) The department shall administer to an applicant for an | ||
all-terrain vehicle license a written examination relating to the | ||
traffic laws applicable to the operation of the vehicle. A test | ||
involving the operation of the vehicle is not required. | ||
(c) An applicable provision of this chapter relating to a | ||
restricted Class M license applies also to an all-terrain vehicle | ||
license, including a provision relating to the application, | ||
issuance, duration, suspension, cancellation, or revocation of | ||
that license. | ||
(d) The department shall certify whether a vehicle alleged | ||
to be an all-terrain vehicle is an all-terrain vehicle. The | ||
department shall: | ||
(1) by rule establish the procedure for determining | ||
whether a vehicle is an all-terrain vehicle; | ||
(2) compile a list of all-terrain vehicles certified | ||
by the department; and | ||
(3) make the list available to the public on request. | ||
SECTION 10. Sections 521.421(b) and (e), Transportation | ||
Code, are amended to read as follows: | ||
(b) The fee for renewal of a Class M license or for renewal | ||
of a license that includes authorization to operate a motorcycle or | ||
an all-terrain vehicle is $32. | ||
(e) An applicant who changes from a lower to a higher class | ||
of license or who adds a type of vehicle other than a motorcycle or | ||
an all-terrain vehicle to the license shall pay a $10 fee for the | ||
required examination. | ||
SECTION 11. Section 521.421(f), Transportation Code, as | ||
added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature, | ||
Regular Session, 1997, is amended to read as follows: | ||
(f) An applicant applying for additional authorization to | ||
operate a motorcycle or an all-terrain vehicle shall pay a $15 fee | ||
for the required application. | ||
SECTION 12. Section 521.421(f), Transportation Code, as | ||
added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature, | ||
Regular Session, 1997, is redesignated as Subsection (f-1) and | ||
amended to read as follows: | ||
(f-1) [ |
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an authorization to operate a motorcycle, a [ |
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all-terrain vehicle, the fee for the driver's license is increased | ||
by $8. | ||
SECTION 13. Sections 522.029(d) and (g), Transportation | ||
Code, are amended to read as follows: | ||
(d) An applicant who is changing a class of license, | ||
endorsement, or restriction or who is adding a class of vehicle | ||
other than a motorcycle or an all-terrain vehicle to the license | ||
must pay a fee of $10 for the examination, except for a renewal or | ||
original issuance of a commercial driver's license. | ||
(g) An applicant who is applying for additional | ||
authorization to operate a motorcycle or an all-terrain vehicle | ||
shall pay a fee of $15 for the examination. | ||
SECTION 14. Section 522.029(f), Transportation Code, as | ||
added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature, | ||
Regular Session, 1997, is amended to read as follows: | ||
(f) The fee for renewal of a commercial driver's license or | ||
a commercial driver learner's permit that includes authorization to | ||
operate a motorcycle or an all-terrain vehicle is $45. | ||
SECTION 15. Section 522.029(f), Transportation Code, as | ||
added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature, | ||
Regular Session, 1997, is redesignated as Subsection (f-1) and | ||
amended to read as follows: | ||
(f-1) [ |
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driver learner's permit includes an authorization to operate a | ||
motorcycle, a [ |
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driver's license or permit is increased by $8. | ||
SECTION 16. Section 522.041(e), Transportation Code, is | ||
amended to read as follows: | ||
(e) The holder of a commercial driver's license may drive | ||
any vehicle in the class for which the license is issued and lesser | ||
classes of vehicles except an all-terrain vehicle registered under | ||
Section 502.040, a motorcycle, or a moped. The holder may drive an | ||
all-terrain vehicle registered under Section 502.040 or a | ||
motorcycle only if authorization to drive a motorcycle or an | ||
all-terrain vehicle is shown on the commercial driver's license and | ||
the requirements for issuance of a motorcycle or all-terrain | ||
vehicle license have been met. | ||
SECTION 17. Section 541.201(12), Transportation Code, is | ||
amended to read as follows: | ||
(12) "Passenger car" means a motor vehicle, other than | ||
a motorcycle or an all-terrain vehicle, used to transport persons | ||
and designed to accommodate 10 or fewer passengers, including the | ||
operator. | ||
SECTION 18. Sections 545.424(b) and (b-1), Transportation | ||
Code, are amended to read as follows: | ||
(b) A person under 17 years of age who holds a restricted | ||
motorcycle license, [ |
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license may not operate a motorcycle, [ |
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vehicle while using a wireless communications device, except in | ||
case of emergency. | ||
(b-1) A person under 17 years of age who holds a restricted | ||
motorcycle license, [ |
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license during the 12-month period following the issuance of an | ||
original motorcycle license, [ |
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vehicle license to the person, may not operate a motorcycle, [ |
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moped, or all-terrain vehicle after midnight and before 5 a.m. | ||
unless: | ||
(1) the person is in sight of the person's parent or | ||
guardian; or | ||
(2) the operation of the vehicle is necessary for the | ||
operator to attend or participate in employment or a school-related | ||
activity or because of a medical emergency. | ||
SECTION 19. Sections 547.333(a) and (d), Transportation | ||
Code, are amended to read as follows: | ||
(a) Unless provided otherwise, a headlamp, auxiliary | ||
driving lamp, auxiliary passing lamp, or combination of those lamps | ||
mounted on a motor vehicle, other than a motorcycle, a [ |
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motor-driven cycle, or an all-terrain vehicle: | ||
(1) shall be arranged so that the operator can select | ||
at will between distributions of light projected at different | ||
elevations; and | ||
(2) may be arranged so that the operator can select the | ||
distribution automatically. | ||
(d) A motor vehicle of a model year of 1948 or later, other | ||
than a motorcycle, a [ |
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vehicle, that has multiple-beam lighting equipment shall be | ||
equipped with a beam indicator that is: | ||
(1) designed and located so that the lighted indicator | ||
is visible without glare to the vehicle operator; and | ||
(2) lighted only when the uppermost distribution of | ||
light is in use. | ||
SECTION 20. Section 547.404(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A vehicle required to have brakes by this subchapter, | ||
other than a motorcycle, a [ |
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all-terrain vehicle, shall be equipped with parking brakes adequate | ||
to hold the vehicle: | ||
(1) on any grade on which the vehicle is operated; | ||
(2) under all loading conditions; and | ||
(3) on a surface free from snow, ice, or loose | ||
material. | ||
SECTION 21. Section 547.408(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A motor vehicle or combination of vehicles shall be | ||
equipped with service brakes capable of: | ||
(1) developing a braking force that is not less than: | ||
(A) 52.8 percent of the gross weight of the | ||
vehicle for a passenger vehicle; or | ||
(B) 43.5 percent of the gross weight of the | ||
vehicle for a vehicle other than a passenger vehicle; | ||
(2) decelerating to a stop from 20 miles per hour or | ||
less at not less than: | ||
(A) 17 feet per second per second for a passenger | ||
vehicle; or | ||
(B) 14 feet per second per second for other | ||
vehicles; and | ||
(3) stopping from a speed of 20 miles per hour in a | ||
distance, measured from the location where the service brake pedal | ||
or control is activated, of not more than: | ||
(A) 25 feet for a passenger vehicle; | ||
(B) 30 feet for an all-terrain vehicle registered | ||
under Section 502.040, a motorcycle, a motor-driven cycle, or a | ||
single unit vehicle with a manufacturer's gross vehicle weight | ||
rating of 10,000 pounds or less; | ||
(C) 40 feet for: | ||
(i) a single unit vehicle with a | ||
manufacturer's gross weight rating of more than 10,000 pounds; | ||
(ii) a two-axle towing vehicle and trailer | ||
combination with a weight of 3,000 pounds or less; | ||
(iii) a bus that does not have a | ||
manufacturer's gross weight rating; and | ||
(iv) the combination of vehicles in an | ||
operation exempted by Section 547.407(b); and | ||
(D) 50 feet for other vehicles. | ||
SECTION 22. The heading to Subchapter M, Chapter 547, | ||
Transportation Code, is amended to read as follows: | ||
SUBCHAPTER M. ADDITIONAL OR ALTERNATIVE EQUIPMENT REQUIREMENTS FOR | ||
MOTORCYCLES, [ |
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SECTION 23. Sections 547.801(a), (b), and (d), | ||
Transportation Code, are amended to read as follows: | ||
(a) A motorcycle, including a motor-driven cycle, or an | ||
all-terrain vehicle registered under Section 502.040 shall be | ||
equipped with: | ||
(1) not more than two headlamps mounted at a height | ||
from 24 to 54 inches; | ||
(2) at least one taillamp mounted at a height from 20 | ||
to 72 inches; | ||
(3) a taillamp or separate lamp to illuminate the rear | ||
license plate that complies with the requirements of Sections | ||
547.322(f) and (g); | ||
(4) at least one stoplamp that complies with the | ||
requirements of Section 547.323(d); and | ||
(5) at least one rear red reflector that complies with | ||
the requirements of Section 547.325(b) and may be included as a part | ||
of the taillamp. | ||
(b) A motorcycle, other than a motor-driven cycle, or an | ||
all-terrain vehicle registered under Section 502.040 shall be | ||
equipped with multiple-beam lighting equipment that produces: | ||
(1) an uppermost distribution of light that reveals a | ||
person or vehicle at a distance of at least 300 feet ahead; and | ||
(2) a lowermost distribution of light that: | ||
(A) reveals a person or vehicle at a distance of | ||
at least 150 feet ahead; and | ||
(B) is aimed so that no part of the | ||
high-intensity portion of the beam on the motorcycle or all-terrain | ||
vehicle that is on a straight and level road under any condition of | ||
loading projects into the eyes of an approaching vehicle operator. | ||
(d) A motorcycle or an all-terrain vehicle may not be | ||
operated at any time unless at least one headlamp on the vehicle | ||
[ |
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motorcycle or an all-terrain vehicle manufactured before the model | ||
year 1975. | ||
SECTION 24. Section 547.802(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) If a motorcycle, including a motor-driven cycle, or an | ||
all-terrain vehicle registered under Section 502.040 complies with | ||
the performance requirements of Section 547.408, brakes are not | ||
required on the wheel of a sidecar attached to the vehicle [ |
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SECTION 25. Section 548.051, Transportation Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) An all-terrain vehicle registered under Section 502.040 | ||
is subject to inspection in the same manner as a motorcycle. | ||
SECTION 26. Section 548.104(e), Transportation Code, is | ||
amended to read as follows: | ||
(e) The department shall adopt rules relating to inspection | ||
of and issuance of an inspection certificate for a moped or an | ||
all-terrain vehicle. | ||
SECTION 27. Section 548.255(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The department shall: | ||
(1) require that a certificate for an all-terrain | ||
vehicle registered under Section 502.040 or a motorcycle be | ||
attached to the rear of the vehicle [ |
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plate; and | ||
(2) adopt rules with respect to display of an | ||
inspection certificate for a moped. | ||
SECTION 28. Section 621.001(1), Transportation Code, is | ||
amended to read as follows: | ||
(1) "Commercial motor vehicle" means a motor vehicle, | ||
other than a motorcycle or an all-terrain vehicle, designed or used | ||
for: | ||
(A) the transportation of property; or | ||
(B) delivery purposes. | ||
SECTION 29. Section 642.001(1), Transportation Code, is | ||
amended to read as follows: | ||
(1) "Motor vehicle" means a motor vehicle, other than | ||
a motorcycle or an all-terrain vehicle, that is designed or used | ||
primarily for the transportation of persons or property. | ||
SECTION 30. Section 663.001(1), Transportation Code, is | ||
amended to read as follows: | ||
(1) "All-terrain vehicle" means a motor vehicle that | ||
is: | ||
(A) equipped with a saddle 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 four | ||
tires in contact with the ground; | ||
(C) designed by the manufacturer for off-highway | ||
use or retrofitted for on- or off-highway use [ |
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(D) not designed by the manufacturer for farming | ||
or lawn care. | ||
SECTION 31. Section 663.002(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Section 663.037, Chapter 521 does | ||
not apply to the operation or ownership of an all-terrain vehicle | ||
that is not registered under Section 502.040 [ |
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SECTION 32. The heading to Section 663.037, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 663.037. OPERATION ON PUBLIC ROADWAY [ |
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SECTION 33. Section 663.037, Transportation Code, is | ||
amended by adding Subsection (d-2) to read as follows: | ||
(d-2) This subsection does not apply to a recreational | ||
off-highway vehicle. The operator of an all-terrain vehicle | ||
registered under Section 502.040 may drive the vehicle on a public | ||
street, road, or highway that is not an interstate or | ||
limited-access highway, if: | ||
(1) the public street, road, or highway is located in a | ||
county with a population of less than 500,000; | ||
(2) the operator does not exceed the lesser of: | ||
(A) the posted speed limit; or | ||
(B) 45 miles per hour; and | ||
(3) the vehicle is operated in the nearest lane to the | ||
right of the street, road, or highway, if the posted speed limit is | ||
more than 45 miles per hour. | ||
SECTION 34. (a) Not later than January 1, 2014, the | ||
Department of Motor Vehicles shall adopt rules necessary to | ||
implement the changes in law made by this Act. | ||
(b) The changes in law made by this Act apply only to an | ||
application for an original or renewal driver's license made on or | ||
after September 1, 2013. | ||
SECTION 35. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect September 1, 2013. | ||
(b) Chapter 633, Transportation Code, as amended by this | ||
Act, takes effect February 1, 2014. |