Presenter: Tim Hogsett

Commission Agenda Item No. 6
Action
Off-Highway Vehicle Rules
January 2006

I. Executive Summary: Senate Bill 1311 established the Off Highway Vehicle Trail and Recreational Area Program. The proposed §59.231 establishes definitions for the off-highway motor vehicle decal program that will generate revenue to develop public off-highway motor vehicle recreation sites.

II. Discussion: The enactment of Senate Bill 1311 (S.B. 1311) by the 79th Texas Legislature (Regular Session) established the Off-Highway Vehicle Trail and Recreational Area Program (OHVTRAP). S.B. 1311 added Chapter 29 and §§11.046 and 11.047 to the Texas Parks and Wildlife Code.

Under the provisions of S.B. 1311, the OHVTRAP was established to further the establishment of off-highway motor vehicle recreation sites, establish and maintain a public system of trails and other recreational areas for use by owners and riders of off-highway vehicles, improve existing trails and other recreational areas open to the public for use by owners and riders of off-highway vehicles, and to foster the responsible use of off-highway vehicles. The Texas Parks and Wildlife Department proposes new TAC §59.231 to:

  1. Provide definitions for ‘off-highway motorcycle’ and ‘public land’
  2. Specify that a valid off-highway vehicle decal be affixed to any off-highway vehicle operated:
    1. in a recreational area established or maintained by the department under Parks and Wildlife Code, Chapter 29,
    2. on other public land,,
    3. or on land purchased or developed under a grant made under Parks and Wildlife Code, §29.008 or any other grant program operated or administered by the department.
  3. The proposed new section also would clarify that possession of the off-highway vehicle decal does not authorize any person to enter public land or use an off-highway vehicle on public land if such entry or use is prohibited, and does not authorize any person to operate an off-highway vehicle on a public roadway.

The amendment is proposed under the authority of Parks and Wildlife Code, §29.010, which authorizes the commission to adopt rules necessary to implement Parks and Wildlife Code, Chapter 29.

III. Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the Off-Highway Vehicle Rules (Exhibit A) as published in the December 23, 2005 issue of the Texas Register (30 TexReg 8629-8630).

Attachments - 1

  1. Exhibit A - Off-Highway Vehicle Rules

Commission Agenda Item No. 6
Exhibit A

Off-Highway Vehicle Rules

§59.231. Off-Highway Vehicle Trail and Recreational Area Program.

(a) Definitions.

(1) Off-highway motorcycle—a vehicle meeting the definition in Transportation Code, §502.001(12), that is not registered for use on a public roadway.

(2) Public land—Any land on which an off-highway decal is required under Parks and Wildlife Code, §29.003.

(b) No person shall operate an off-highway vehicle on public land in this state unless an off-highway decal has been affixed to the off-highway vehicle.

(c) An off-highway vehicle decal does not authorize any person to:

(1) enter public land or operate an off-highway vehicle on public land if entry or use of an off-highway vehicle is otherwise prohibited; or

(2) operate an off-highway vehicle on a public roadway.


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