2005 Texas Parks and Wildlife Code CHAPTER 29. OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA PROGRAM

PARKS AND WILDLIFE CODE

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


	§ 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;  and                                          
		(3)  any other four-wheel drive vehicle not registered 
to be driven on a highway.

Added by Acts 2005, 79th Leg., ch. 367, § 1, eff. Sept. 1, 2005.           


	§ 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, § 1, eff. Sept. 1, 2005.           


	§ 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 a trail or in a recreational area 
established or maintained by the department under this chapter, 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 without having obtained 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, § 1, eff. Sept. 1, 2005.           


	§ 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, § 1, eff. Sept. 1, 2005.           


	§ 29.005. ISSUANCE, DISPLAY, AND EXPIRATION OF 
DECAL.  (a) The department shall issue an off-highway vehicle decal 
to any person whose off-highway vehicle is registered under Section 
502.006, Transportation Code, 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, § 1, eff. Sept. 1, 2005.           


	§ 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, § 1, eff. Sept. 1, 2005.           


	§ 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, § 1, eff. Sept. 1, 2005.           


	§ 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, § 1, eff. Sept. 1, 2005.           


	§ 29.009. PENALTY.                                                          

Text of section effective January, 1, 2006
	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, § 1, eff. Jan. 1, 2006.            


	§ 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, § 1, eff. Sept. 1, 2005.