State Codes and Statutes
Statutes > Texas > Parks-and-wildlife-code > Title-3-parks > Chapter-29-off-highway-vehicle-trail-and-recreational-area-program
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.
State Codes and Statutes
Statutes > Texas > Parks-and-wildlife-code > Title-3-parks > Chapter-29-off-highway-vehicle-trail-and-recreational-area-program
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.
State Codes and Statutes
Statutes >
Texas >
Parks-and-wildlife-code >
Title-3-parks >
Chapter-29-off-highway-vehicle-trail-and-recreational-area-program 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.
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