CHAPTER 29. OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA PROGRAM - Texas Statutes

PARKS AND WILDLIFE CODE

TITLE 3. PARKS

CHAPTER 29. OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA

PROGRAM

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.