Texas Transportation Code

As effective September 1, 2017

Subtitle G

Chapter 661

Sec. 661.001: Definitions

In this chapter:

(1) "Motorcycle" means a motor vehicle designed to propel itself with not more than three wheels in contact with the ground, and having a saddle for the use of the rider. The term does not include a tractor or a three-wheeled vehicle equipped with a cab or occupant compartment, seat, and seat belt and designed to contain the operator in the cab or occupant compartment.

(2) "Department" means the Department of Public Safety.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 722 (S.B. 129), Sec. 5, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 967 (H.B. 3599), Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1391 (S.B. 1967), Sec. 7, eff. September 1, 2009.

Sec. 661.0015: Protective Headgear for Autocycle

(a) In this section, "autocycle" means a motor vehicle, other than a tractor, that is:

(1) designed to have when propelled not more than three wheels on the ground;

(2) equipped with a steering wheel;

(3) equipped with seating that does not require the operator to straddle or sit astride the seat; and

(4) manufactured and certified to comply with federal safety requirements for a motorcycle.

(b) For purposes of this chapter, an autocycle is considered to be a motorcycle.

Comments

Added by Acts 2015, 84th Leg., R.S., Ch. 67 (S.B. 449), Sec. 7, eff. May 22, 2015.

Sec. 661.002: Department to Prescribe Minimum Safety Standards for Protective Headgear

(a) To provide for the safety and welfare of motorcycle operators and passengers, the department shall prescribe minimum safety standards for protective headgear used by motorcyclists in this state.

(b) The department may adopt any part or all of the American National Standards Institute's standards for protective headgear for vehicular users.

(c) On request of a manufacturer of protective headgear, the department shall make the safety standards prescribed by the department available to the manufacturer.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 661.003: Offenses Relating to Not Wearing Protective Headgear

(a) A person commits an offense if the person:

(1) operates or rides as a passenger on a motorcycle on a public street or highway; and

(2) is not wearing protective headgear that meets safety standards adopted by the department.

(b) A person commits an offense if the person carries on a motorcycle on a public street or highway a passenger who is not wearing protective headgear that meets safety standards adopted by the department.

(c) It is an exception to the application of Subsection (a) or (b) that at the time the offense was committed, the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course under Chapter 662 or was covered by a health insurance plan providing the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle. A peace officer may not arrest a person or issue a citation to a person for a violation of Subsection (a) or (b) if the person required to wear protective headgear is at least 21 years of age and presents evidence sufficient to show that the person required to wear protective headgear has successfully completed a motorcycle operator training and safety course or is covered by a health insurance plan as described by this subsection.

(c-1) A peace officer may not stop or detain a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed the motorcycle operator training and safety course or is covered by a health insurance plan.

(c-2) The Texas Department of Insurance shall prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by a health insurance plan described by Subsection (c).

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 12, eff. September 1, 2009.

(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 12, eff. September 1, 2009.

(f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 12, eff. September 1, 2009.

(g) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 12, eff. September 1, 2009.

(h) An offense under this section is a misdemeanor punishable by a fine of not less than $10 or more than $50.

(i) In this section, "health insurance plan" means an individual, group, blanket, or franchise insurance policy, insurance agreement, evidence of coverage, group hospital services contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of an accident.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.154(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1156, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 17.36, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 657, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1391 (S.B. 1967), Sec. 8, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1391 (S.B. 1967), Sec. 12, eff. September 1, 2009.

Sec. 661.004: Authority of Peace Officer to Inspect Protective Headgear

Any peace officer may stop and detain a person who is a motorcycle operator or passenger to inspect the person's protective headgear for compliance with the safety standards prescribed by the department.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 662

Sec. 662.001: Designated State Agency

The governor shall designate a state agency to establish and administer a motorcycle operator training and safety program.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 662.002: Purpose of Program; Curriculum

(a) The purpose of the motorcycle operator training and safety program is:

(1) to make available to motorcycle operators:

(A) information relating to the operation of motorcycles; and

(B) courses in knowledge, skills, and safety relating to the operation of motorcycles; and

(2) to provide information to the public on sharing roadways with motorcycles.

Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 1111 (H.B. 3838), Sec. 5

(b) The program:

(1) shall contain information regarding operating a motorcycle while carrying a passenger; and

(2) may include curricula developed by the Motorcycle Safety Foundation.

Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 1336 (S.B. 763), Sec. 2

(b) The program shall include curricula approved by the state agency administering the program.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1111 (H.B. 3838), Sec. 5, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1336 (S.B. 763), Sec. 2, eff. September 1, 2013.

Sec. 662.003: Program Director

The designated state agency shall employ as program director a person who is certified as a chief instructor by the Motorcycle Safety Foundation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 662.004: Motorcycle Safety Coordinator

(a) The designated state agency shall employ a motorcycle safety coordinator.

(b) The coordinator shall supervise the motorcycle operator training and safety program and shall determine:

(1) locations at which courses will be provided;

(2) fees for the courses;

(3) qualifications for instructors;

(4) instructor certification requirements; and

(5) eligibility requirements for program sponsors.

(c) The program must include instructor certification requirements developed by the Motorcycle Safety Foundation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 662.005: Contracts

The designated state agency may license or contract with qualified persons to administer or operate the motorcycle operator training and safety program.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 662.006: Unauthorized Training Prohibited

(a) A person may not offer or conduct training in motorcycle operation for consideration unless the person is licensed by or contracts with the designated state agency.

(b) A person who violates Subsection (a) commits an offense. An offense under this subsection is a Class B misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1111 (H.B. 3838), Sec. 6, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1336 (S.B. 763), Sec. 3, eff. September 1, 2013.

Sec. 662.007: Fee for Course

A person may charge, for a course under the motorcycle operator training and safety program, a fee that is reasonably related to the costs of administering the course.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 662.008: Denial, Suspension, Or Cancellation of Approval

(a) The designated 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, instructor, or sponsor:

(1) does not satisfy the requirements established under this chapter to receive or retain approval;

(2) permits fraud or engages in a fraudulent practice with reference to an application to the agency;

(3) induces or countenances fraud or a fraudulent practice by a person applying for a driver's license or permit;

(4) permits fraud 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 state agency.

(b) Following denial, suspension, or cancellation of 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.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.838, eff. Sept. 1, 2001.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1111 (H.B. 3838), Sec. 7, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1336 (S.B. 763), Sec. 4, eff. September 1, 2013.

Sec. 662.009: Rules

The designated state agency may adopt rules to administer this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 662.010: Nonapplicability of Certain Other Law

Chapter 332, Acts of the 60th Legislature, Regular Session, 1967 (Article 4413(29c), Vernon's Texas Civil Statutes), does not apply to training offered under this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 662.011: Motorcycle Education Fund Account

(a) Of each fee collected under Sections 521.421(b) and (f) and Sections 522.029(f) and (g), the Department of Public Safety shall send $5 to the comptroller for deposit to the credit of the motorcycle education fund account.

(b) Money deposited to the credit of the motorcycle education fund account may be used only to defray the cost of:

(1) administering the motorcycle operator training and safety program; and

(2) conducting the motorcyclist safety and share the road campaign described by Section 201.621.

(c) The comptroller shall report to the governor and legislature not later than the first Monday in November of each even-numbered year on the condition of the account. The report must contain:

(1) a statement of the amount of money deposited to the credit of the account for the year;

(2) a statement of the amount of money disbursed by the comptroller from the account for the year;

(3) a statement of the balance of money in the account;

(4) a list of persons and entities that have received money from the account, including information for each person or entity that shows the amount of money received; and

(5) a statement of any significant problems encountered in administering the account, with recommendations for their solution.

Comments

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.155, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1156, Sec. 4, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 657, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1391 (S.B. 1967), Sec. 9, eff. September 1, 2009.

Acts 2015, 84th Leg., R.S., Ch. 610 (S.B. 754), Sec. 1, eff. September 1, 2015.

Sec. 662.012: Reports

(a) The designated state agency shall require each provider of a motorcycle operator training and safety program to compile and forward to the agency each month a report on the provider's programs. The report must include:

(1) the number and types of courses provided in the reporting period;

(2) the number of persons who took each course in the reporting period;

(3) the number of instructors available to provide training under the provider's program in the reporting period;

(4) information collected by surveying persons taking each course as to the length of any waiting period the person experienced before being able to enroll in the course;

(5) the number of persons on a waiting list for a course at the end of the reporting period; and

(6) any other information the agency reasonably requires.

(b) The designated state agency shall maintain a compilation of the reports submitted under Subsection (a) on a by-site basis. The agency shall update the compilation as soon as practicable after the beginning of each month.

(c) The designated state agency shall provide without charge a copy of the most recent compilation under Subsection (b) to any member of the legislature on request.

Comments

Added by Acts 2001, 77th Leg., ch. 657, Sec. 3, eff. Sept. 1, 2001.

Chapter 663

Subchapter A

Sec. 663.001: Definitions

In this chapter:

(1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 22(2), eff. September 1, 2017.

(1-a) "Beach" means a beach area, publicly or privately owned, that borders the seaward shore of the Gulf of Mexico.

(1-b) "Off-highway vehicle" means:

(A) an all-terrain vehicle or recreational off-highway vehicle, as those terms are defined by Section 502.001; or

(B) a utility vehicle.

(2) "Public property" means property owned or leased by the state or a political subdivision of the state.

(4) "Utility vehicle" means a motor vehicle that is not a golf cart, as defined by Section 502.001, 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.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 115, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 15, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 131 (S.B. 487), Sec. 2, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 895 (H.B. 1044), Sec. 4, eff. September 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 3, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 4, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 22(2), eff. September 1, 2017.

Sec. 663.002: Nonapplicability of Certain Other Laws

(a) Except as provided by Sections 663.037 and 663.0371, Chapter 521 does not apply to the operation or ownership of an off-highway vehicle registered for off-highway operation.

(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.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 472, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 895 (H.B. 1044), Sec. 5, eff. September 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 5, eff. September 1, 2017.

Subchapter B

Sec. 663.011: Designated Division Or State 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.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 7, eff. September 1, 2017.

Sec. 663.012: Purpose of Program

The purpose 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.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 8, eff. September 1, 2017.

Sec. 663.013: Off-Highway Vehicle Safety 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.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 9, eff. September 1, 2017.

Sec. 663.014: Contracts

To administer the 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.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 10, eff. September 1, 2017.

Sec. 663.015: Teaching and Testing Methods

(a) 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.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 11, eff. September 1, 2017.

Sec. 663.016: Fee for Course

A person may 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.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 12, eff. September 1, 2017.

Sec. 663.017: Denial, Suspension, Or 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

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.839, eff. Sept. 1, 2001.

Sec. 663.018: Rules

The designated division or state agency may adopt rules to administer this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 663.019: Exemptions

The designated division or state agency by rule may temporarily exempt the residents of any county from Section 663.015 or from Section 663.031(a)(1) until the appropriate education and certification program is established at a location that is reasonably accessible to the residents of that county.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter C

Sec. 663.031: Safety Certificate Required

(a) A person may not operate an off-highway vehicle on public property or a beach unless the 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.

(b) A person to whom a safety certificate required by Subsection (a) has been issued shall:

(1) carry the certificate when the person operates an off-highway vehicle on public property or a beach; and

(2) display the certificate at the request of any law enforcement officer.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 895 (H.B. 1044), Sec. 6, eff. September 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 14, eff. September 1, 2017.

Sec. 663.032: Operation By Person Younger Than 14

A person younger than 14 years of age who is operating an off-highway vehicle 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.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 15, eff. September 1, 2017.

Sec. 663.033: Required Equipment; Display of Lights

(a) An off-highway vehicle that is operated on public property or a beach must 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 property or a beach must 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 property or a beach 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.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 895 (H.B. 1044), Sec. 7, eff. September 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 16, eff. September 1, 2017.

Sec. 663.034: Safety Apparel Required

A person may not operate, ride, or be carried on an off-highway vehicle on public property or a beach unless the person wears:

(1) a safety helmet that complies with United States Department of Transportation standards; and

(2) eye protection.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 895 (H.B. 1044), Sec. 8, eff. September 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 17, eff. September 1, 2017.

Sec. 663.035: Reckless Or Careless Operation Prohibited

A person may not operate an off-highway vehicle on public property or a beach in a careless or reckless manner that endangers, injures, or damages any person or property.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 895 (H.B. 1044), Sec. 9, eff. September 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 18, eff. September 1, 2017.

Sec. 663.036: Carrying Passengers

A person may not carry a passenger on an off-highway vehicle operated on public property or a beach unless the vehicle is designed by the manufacturer to transport a passenger.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 115, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 895 (H.B. 1044), Sec. 10, eff. September 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 19, eff. September 1, 2017.

Sec. 663.037: Operation on Public Roadway Prohibited

(a) A person may not operate an off-highway vehicle on a public street, road, or highway except as provided by this section.

(b) The operator of an off-highway vehicle may drive the vehicle across a public street, road, or highway that is not an interstate or limited-access highway, if the operator:

(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.

(c) The operator 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 public street, road, or highway.

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 125 (H.B. 920), Sec. 1

(d) The operator of an all-terrain vehicle may drive the vehicle on a public street, road, or highway that is not an interstate or limited-access highway if:

(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) the operator holds a driver's license, as defined by Section 521.001;

(5) the operation of the all-terrain vehicle occurs in the daytime; and

(6) the operation of the all-terrain vehicle does not exceed a distance of 25 miles from the point of origin to the destination.

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 20

(d) The operator of an off-highway vehicle may drive the vehicle on a public street, road, or highway that is not an interstate or limited-access highway if:

(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 on top of an eight-foot-long pole a triangular orange flag;

(3) the vehicle's headlights and taillights are illuminated;

(4) the operator holds a driver's license, as defined by Section 521.001;

(5) the operation of the vehicle occurs in the daytime; and

(6) the operation of the vehicle does not exceed a distance of 25 miles from the point of origin to the destination.

(d-1) Provisions of this code regarding helmet and eye protection use, safety certification, and other vehicular restrictions do not apply to Subsection (d).

(e) The director of the Department of Public Safety shall adopt standards and specifications that apply to the color, size, and mounting position of the flag required under Subsections (d)(2) and (g)(2).

(f) Except as provided by Subsection (g), this section does not apply to the operation of an off-highway vehicle that is owned by the state, a county, or a municipality by a person who is an authorized operator of the vehicle.

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 125 (H.B. 920), Sec. 1

(g) A peace officer or other person who provides law enforcement, firefighting, ambulance, medical, or other emergency services, including a volunteer firefighter, may operate an all-terrain vehicle on a public street, road, or highway that is not an interstate or limited-access highway only if:

(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;

(4) the operator holds a driver's license, as defined by Section 521.001; and

(5) the operation of the all-terrain vehicle does not exceed a distance of 10 miles from the point of origin to the destination.

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 20

(g) A peace officer may operate an off-highway vehicle on a public street, road, or highway that is not an interstate or limited-access highway only if:

(1) the transportation is in connection with the performance of the officer's official duty;

(2) the officer attaches to the back of the vehicle on top of an eight-foot-long pole a triangular orange flag;

(3) the vehicle's headlights and taillights are illuminated;

(4) the officer holds a driver's license, as defined by Section 521.001; and

(5) the operation of the vehicle does not exceed a distance of 25 miles from the point of origin to the destination.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 472, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 483, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 242 (H.B. 2127), Sec. 1, eff. September 1, 2007.

Acts 2017, 85th Leg., R.S., Ch. 125 (H.B. 920), Sec. 1, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 20, eff. September 1, 2017.

Sec. 663.0371: Operation on Beach

(a) A person may not operate an off-highway vehicle on a beach except as 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 issued under Chapter 521 or a commercial driver's license issued under Chapter 522.

(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(b).

(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.

Comments

Added by Acts 2013, 83rd Leg., R.S., Ch. 895 (H.B. 1044), Sec. 11, eff. September 1, 2013.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 21, eff. September 1, 2017.

Sec. 663.038: Violation of Chapter; Offense

(a) A person commits an offense if the person violates a provision of this chapter.

(b) Except as otherwise provided by Title 6 or this title, an offense under this section is a Class C misdemeanor.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 680

Subchapter A

Sec. 680.001: Definitions

In this subchapter:

(1) "Department" means the Department of Public Safety.

(2) "Motorcycle" has the meaning assigned that term by Section 661.001.

(3) "Person" means an individual, partnership, firm, corporation, association, or other private entity.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 680.002: Sale of Motorcycle Without Serial Numbers

A person may not sell a motorcycle manufactured after January 1, 1976, unless:

(1) the serial number of the frame and the serial number of the engine are affixed so that they may not be removed without defacing the frame or engine; and

(2) the manufacturer has filed with the department a statement that:

(A) identifies the part to which each number is affixed;

(B) gives the exact dimensions of the part; and

(C) gives the location on the part to which the number is affixed.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 680.003: Offense; Penalty

(a) An individual who violates Section 680.002 commits an offense.

(b) An offense under this section is a misdemeanor punishable by:

(1) a fine not to exceed $200;

(2) confinement in county jail for a term not to exceed 30 days; or

(3) both the fine and confinement.

(c) Each sale of a motorcycle in violation of this subchapter is a separate offense.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 680.004: Civil Penalty

A partnership, firm, corporation, or association that violates Section 680.002 is liable to the state for a civil penalty of not more than $500 for each offense.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 680.005: Director to Adopt Rules and Develop Forms

The director of the department shall adopt rules and develop forms to administer this subchapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter B

Sec. 680.011: Definitions

In this subchapter:

(1) "Motorcycle" has the meaning assigned by Section 502.001 and includes a motorcycle equipped with a sidecar.

(2) "Preferential lane" means a traffic lane on a street or highway where motor vehicle usage is limited to:

(A) buses;

(B) vehicles occupied by a minimum number of persons; or

(C) car pool vehicles.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 680.012: Toll for Motorcycle

A person who operates a toll road, toll bridge, or turnpike may not impose a toll for the operation of a motorcycle on the road, bridge, or turnpike that is greater than the toll imposed for the operation of a passenger car on the road, bridge, or turnpike.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 680.013: Use of Preferential Lane By Motorcycle

A motorcycle, including a motorcycle described by Section 521.001(a)(6-a), may be operated in a preferential lane that is not closed to all vehicular traffic.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 722 (S.B. 129), Sec. 6, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 967 (H.B. 3599), Sec. 4, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1391 (S.B. 1967), Sec. 10, eff. September 1, 2009.