Law:Title 3. Parks from Chapter 29. Off-highway Vehicle Trail And Recreational Area Program (Texas)

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Contents

Chapter 29. Off-highway Vehicle Trail And Recreational Area Program

Section 29.001.  Definition.

In this chapter, "off-highway vehicle" means:

(1)  an all-terrain vehicle, as defined by Section 663.001, Transportation Code;

(2)  an off-highway motorcycle;

(3)  a recreational off-highway vehicle, as defined by Section 502.001, Transportation Code; and

(4)  any other motorized vehicle used for off-highway 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.

Added by Acts 2005, 79th Leg., Ch. 367, Sec. 1, eff. January 1, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1280, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1136, Sec. 1, eff. September 1, 2009.



Section 29.002.  Establishment And Operation.

(a) The off-highway vehicle trail and recreational area program is established under the administration of the department.  The purposes of the program are to:

(1)  further the establishment of motor vehicle recreation sites under Section 90.009;

(2)  establish and maintain a public system of trails and other recreational areas for use by owners and riders of off-highway vehicles;

(3)  improve existing trails and other recreational areas open to the public for use by owners and riders of off-highway vehicles; and

(4)  foster the responsible use of off-highway vehicles.

(b)  The department shall establish and maintain trails and recreational areas for use by owners and riders of off-highway vehicles:

(1)  on public land over which the department has authority or on land purchased or leased by the department; or

(2)  by making grants to federal agencies, political subdivisions of this state, and nonprofit organizations under Section 29.008.

(c)  The department shall coordinate the implementation and operation of the program established under this chapter with the implementation and operation of the program established under Section 90.009.

Added by Acts 2005, 79th Leg., Ch. 367, Sec. 1, eff. January 1, 2006.



Section 29.003.  Off-highway Vehicle Decal Required; Fee.

(a) Except as provided by Section 29.004, a person may not operate an off-highway vehicle on public land over which the department has authority, on land purchased or leased by the department, on other public land, or on land purchased or developed under a grant made under Section 29.008 or any other grant program operated or administered by the department on which off-highway vehicle recreation is legal without having obtained and properly mounted an off-highway vehicle decal.

(b)  The fee for an off-highway vehicle decal is $8 or an amount set by the commission, whichever amount is more.

Added by Acts 2005, 79th Leg., Ch. 367, Sec. 1, eff. January 1, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1280, Sec. 3, eff. June 15, 2007.



Section 29.004.  Exemptions.

Section 29.003 does not apply to a person that is:

(1)  acting on behalf of the United States, any state, or a political subdivision of the United States or any state;

(2)  participating in a search and rescue operation under the authority or direction of a search and rescue or law enforcement agency; or

(3)  exempt under a rule adopted by the commission.

Added by Acts 2005, 79th Leg., Ch. 367, Sec. 1, eff. January 1, 2006.



Section 29.005.  Issuance, Display, And Expiration Of Decal.

(a) The department shall issue an off-highway vehicle decal on the payment of the fee under Section 29.003(b).

(b)  The department shall prescribe the form and manner in which the decal must be issued to a person and displayed for use by the person.

(c)  A decal issued under this section is valid only during the yearly period for which the decal is issued without regard to the date on which the decal is acquired.  A yearly period begins on September 1 or another date set by the commission and extends through August 31 of the next year or another date set by the commission.

Added by Acts 2005, 79th Leg., Ch. 367, Sec. 1, eff. January 1, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1280, Sec. 4, eff. June 15, 2007.



Section 29.006.  Disposition Of Decal Fees. The

department shall deposit all revenue, less allowable costs, collected under Section 29.005 to the credit of the off-highway vehicle trail and recreational area account under Section 11.046.

Added by Acts 2005, 79th Leg., Ch. 367, Sec. 1, eff. January 1, 2006.



Section 29.007.  Other Revenue.

The department shall seek and use funding from the federal government, including the Recreational Trails Program administered by the United States Department of Transportation, and other sources outside the general revenue fund to identify and facilitate the development of off-highway vehicle trails and recreational areas under this chapter.

Added by Acts 2005, 79th Leg., Ch. 367, Sec. 1, eff. January 1, 2006.



Section 29.008.  Grants.

The department may make grants to federal agencies, political subdivisions of this state, and nonprofit organizations for the purpose of acquiring, developing, and maintaining public trails or recreational areas under this chapter.

Added by Acts 2005, 79th Leg., Ch. 367, Sec. 1, eff. January 1, 2006.



Section 29.009.  Penalty.

A person who violates Section 29.003 commits an offense that is a Class C Parks and Wildlife misdemeanor.

Added by Acts 2005, 79th Leg., Ch. 367, Sec. 1, eff. January 1, 2006.



Section 29.010.  Rules.

The commission:

(1)  shall adopt rules necessary to implement this chapter; and

(2)  may adopt rules:

(A)  exempting certain classes of persons from the requirements of Section 29.003; or

(B)  concerning the department's use of funding from sources outside the general revenue fund under Section 29.007.

Added by Acts 2005, 79th Leg., Ch. 367, Sec. 1, eff. January 1, 2006.



Section 29.011.  Safety Apparel Required; Seat Belts.

(a) A person may not operate, ride, or be carried on an off-highway vehicle on public property 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)  An offense under this section is a Class C Parks and Wildlife Code misdemeanor.

(c)  This section does not apply to a motor vehicle that:

(1)  has at least four wheels and is registered by the Texas Department of Transportation for use on a public highway, unless the vehicle is an all-terrain vehicle as defined by Section 502.001, Transportation Code;

(2)  has four wheels and 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 the vehicle's rollover; or

(3)  is in the process of being loaded into or unloaded from a trailer or another vehicle used to transport the motor vehicle.

Added by Acts 2007, 80th Leg., R.S., Ch. 1280, Sec. 5, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1136, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1136, Sec. 3, eff. September 1, 2009.


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