Live Video of Galveston-Port Bolivar Ferry Lines > Bolivar Peninsula Chamber of Commerce

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Live Video of Galveston-Port Bolivar Ferry Lines
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Wanna see the ferry lines first hand? Here's how. Also, here are some new laws regarding ATV's effective September 2007.

The definition of the All-terrain vehicle has changed and now includes the mule type vehicles, Texas Transportation Code 502.001 1A. Texas Transportation Code 502.006 as far the registering of the All-terrain vehicles. Learn more

Operation of ATV on public roadway prohibited: A person may not operate an ATV on a public street, road, or highway
except as provided by this section.

New!!

Now you can plan your trip to the Bolivar Peninsula more effectively by seeing the ferry wait first hand. Check out the ferry wait for the Bolivar or Galveston side anytime by visiting www.houstontranstar.org/ferrywaittimes/.

Comments

By UTMB EMPLOYEE @ Sunday, February 17, 2008 10:23 AM

This is great news. I wonder if the TX DOT Dept. will get back on schedule and perhaps install more cameras on the Bolivar side near Loop 108 ? This is great start. Thanks for sharing this information with us.

By Deborah @ Thursday, February 28, 2008 10:11 AM

This is fantastic. Thank you so much. For all of us weekenders down on Bolivar, this is a godsend.

ByDarrell Giese @ Wednesday, March 05, 2008 7:54 AM

So long Bolivar, we had a blast last year. We made 5 trips down to camp on the beach. Never cooked one meal, went out to eat breakfast, lunch & dinner. Bought all the goods we needed locally to support your merchants. Gladly paid for our beach parking permits. We won't be back due to the banning of 'mule type vehicles' on your beaches. You will find that there were quite a few of us, families that didn't run around naked and stay all night. Just good people that enjoyed your beaches and left our money. It was great while it lasted.

By confused @ Wednesday, March 05, 2008 7:08 PM

Please help me understand. I have a couple questions. If a golf cart is not registered for highway use and the beach is considered a highway, how is it any more legal to drive that golf cart on the beach than "mule type vehicles"? If the answer is because the state uses the term ATV and mules are ATVs then my other question is: When does a "golf cart" become an ATV? 90% of the golf carts on the beach are lifted and have ATV tires on them. I've even seen true 4X4 "golf carts" there. Are they not considered an ATV? In my opinion, of all the illegal activities (if you call peacefully riding a mule on the beach illegal) that go on at that beach it seems you are targeting the wrong group. I guess you have to start somewhere.

By Bruce Edwards @ Wednesday, March 05, 2008 9:12 PM

My family has been spending the last four years on the Bolivar Pen enjoying ourselves. We lease a spot for our RV and boat year round. We fish, shop, eat out, buy gasoline, bait, groceries, ice, etc. We also had a golf cart, but sold it and bought an UTV to enjoy on the beach. Before buying our $10,000 UTV we inquired about the rules regarding UTVs on the beach and were told they were allowed and treated the same as a golf cart. It is my understanding UTVs are no longer allowed, so I will be looking for another area to spend my tourist dollars.

By Craig McKinley @ Friday, March 07, 2008 10:56 AM

I agree with all of the above comments. My family along with several other families made many trips to YOUR beach last year to enjoy our UTV's (Utility Terrain Vehicle - Mule type vehicles). We camped out, spent our money at YOUR retail shops, bought YOUR gas and diesel and ate at YOUR diners (Tiki Hut). We were planning another trip this April with the same group of family folks but this new law has destroyed our get-together. Another fine example of pushing the little man to the wayside. I also have to ask why golf carts allowed and not the "Mule type vehicles?" I think it may have something to do with who influences the laws and how it affects them. Who owns the golf cart rental business in Crystal? Does the Mayor have an investment in these businesses? Is it the local politicians and other $$$ people that are too fat and LAZY to get out and walk so they manipulate the laws to allow for their golf carts but nothing else? It works out well for the golf cart owners but no one else.

You, Boliver Chamber of Commerce, should reply to all of these post with an answer that is resonable not political. Do not ignore our concerns. Just because this may mean very little to you it is a big deal to some of us.

ByChris Tillman @ Friday, March 07, 2008 3:42 PM

I also agree with the prior posts regarding banning Mule type vehicles from the beach. Me and my family also enjoyed camping and riding on your beach. And supporting your area merchants.

Since my UTV is registered for legal use on the roads of Texas, why is it not legal to operate on your beach? My UTV was given a classification of "Golf Cart" on it's title by the great State of Texas. My understanding is that you allow golf carts to operate on your beaches. Does this mean that you do not recognize the State of Texas's vehicle classification system? If you did, then showing my title to your law enforcement officers with it's "golf cart" classification should be good enough to allow me to operate it on your beaches.

Please consider allowing those UTV operators who can produce a State of Texas title showing their vehicle classification as "golf cart" to continue to enjoy your beaches. Also, you get added tourist dollars as a bonus.

By BOB................... Bob's Sports Bar @ Sunday, March 09, 2008 1:14 PM

Have a little patience folks. As a board member of the Chamber of Commerce, we are all concerned about this. We meet this coming Tuesday and this will be addresed. You can be assured that The Chamber will do everything possible to make this work out for all of the tourist and people that come here to visit and spend their hard earned dollars. We appreciate all the feedback and will be back in touch with you ASAP. We also appreciate the fact that you come to our home and have a good time. We will do all we can to continue having you visit and have a good time.

ByDarrell Giese @ Sunday, March 09, 2008 1:26 PM

That's good news Bob.
Been to your place several times last year.

Here's just one large group that is goin' elsewhere :
http://utilityoffroad.com/forum/topic.asp?TOPIC_ID=15063

I know of several others on private boards that are cancelin' trips to Bolivar due to this deal.

Times are tough
an I would rather not drive to Oklahoma to

By Darrell Giese @ Sunday, March 09, 2008 1:28 PM

( whups, hit enter too soon )

...rather not drive to OK to cruise around in my beach buggy.

By O'H @ Sunday, March 09, 2008 7:35 PM

If you let the Illegals cruse the beaches with no stickers Why not mules?
I get tired of the noise of 4 wheelers on the north side of Port Bolivar all Winter.
Let them on the beach.
Oh Yes leave the commints up they are important,

By Jag @ Tuesday, March 11, 2008 1:43 PM

Keep the ban! Thats why we love Crystal Beach and keep coming back. I think there are more of us that prefer them banned than not with plenty of money to spend as well!

By Fletch @ Tuesday, March 11, 2008 3:25 PM

I would like to address the issue of 4-wheel UTV's on the beaches. I am currently, and have been a law enforcement officer for 17 years. I have been coming to Bolivar beaches since I was a child. During the years I have noticed that there have been numerous cases of selective enforcement of state traffic laws on the beaches. By this I mean, one year there were no 3-wheelers allowed on the beaches or any unlicensed motorcycles. The next year you could ride them as long as it was done responsibly. To the best of my knowledge, there was no change in traffic laws yet there was a definite change in enforcement. Now after several years of being able to ride UTV's on the beaches, I hear that we wont be able to this year. This stems from an apparent clarification of the traffic code that now includes UTV's in the ATV category. I find this amusing knowing that the legislators that sponsored this bill intentionally left a "loophole" for golf-carts (either battery powered or gas, 2 or 4-wheel drive, that go as fast as a Mule or Ranger) so they can enjoy their evening rides through their neighborhoods without fear or a traffic violation. This is bad news for people such as myself who have purchased a UTV for thousands of dollars for use on the beach and have gone as far as to purchase property on the Penninsula. I spent at least 7 weekends at the beach last year and saw far more incidents of people in cars and trucks driving irresponsibly than I did people on UTV's. The simple solution to this is to continue to allow the UTV's on the beaches with the Bolivar stickers on them, and have the Galveston Sheriff's Office just regulate the speed limits and common sense enforcement of the other traffic laws. It will be a shame if the Bolivar Chamber cannot resolve this issue because it is guaranteed to cost the County untold dollars in revenue. The same revenue that pays the taxes that pay the salaries of everyone involved.

By Ronald @ Wednesday, March 12, 2008 6:27 AM

Jag.....Since you feel strongly enough on this issue to post against the utv, could you comment as to why you feel that way towards them as opposed to golf carts. I'm not trying flame just trying to see what others have against them. We (my family and I) have been enjoying Bolivar for 8 years and last year we sold our golf cart and bought a utv. On my first ride with the utv I talked to a sheriff deputy while putting gas in it about the legality of riding the utv on the beach. He told me as long as I ride it like a golf cart they would treat it like a golf cart. This seems to have changed now and I am wondering why this became an issue.

By Bob McMeekin @ Wednesday, March 12, 2008 11:00 AM

Well folks, there is good news and bad news. I will begin with the bad news first. At last night’s Chamber of Commerce meeting, our sheriff was concerned enough to send four deputies to our meeting. To put it quite simple, the only authorized utility type vehicle allowed on the beach is a golf cart. This was not done by anyone from Galveston County, The Bolivar Peninsula or any municipality along the Texas coast. This law was enacted by the State of Texas and signed into legislation and approved by our Governor on June 15, 2007 to be effective September 1, 2007. This law was placed into effect by our state senators and legislators during the 2007 legislative session. Our only recourse now is to notify our representatives and speak out against this and hope they amend the law during the next session that will begin in February 2009. The deputies are only doing what the law says to do. I was present during the meeting and am convinced that our Green and Whites want all to have a good time but they must uphold the law. They will at first give a warning. After that they will be forced to give a citation. They are only enforcing the law. As some of you may not be aware of, The Bolivar Peninsula is unincorporated and has no way of making exceptions. We are not a city. The Chamber of Commerce tries very hard to nudge the County and State on issues that affect the people that live here, the people that visit here, and provides fundraisers such as The Crab fest Festival on Mother’s Day Weekend, The Crystaland Xmas Parade held in December of each year, The Mardi Gras Parade and other events to provide scholarships to the kids, help with medical expenses for the underprivileged and Xmas presents for needy families. We do the best we can under the circumstances. Now for the good news. The Bolivar Peninsula is one of the few remaining beaches where you are still allowed to drive your car or truck on the beach. This applies to the entire US coastline. This is a good thing. We all appreciate your patronage and sincerely hope that you will continue to come and enjoy yourself with your friends and families for this truly unique and fun place………………..BOB Bob’s Sports Bar.

By Darrell Giese @ Wednesday, March 12, 2008 12:03 PM

So let me get this strait :

Golf carts are "authorized"?

Who authorized them if there is no entity to authorize Mules?

Maybe the same people who RENT them???

By Christy @ Wednesday, March 12, 2008 1:39 PM

The Texas legislature makes the law Darrell. These laws apply to the entire state of Texas - Not just Bolivar Peninsula beaches. I love all the comments & encourage everyone to participate, but please understand the Bolivar Chamber doesn't have the authority to pass laws. And neither does Bolivar business owners.

By agree @ Wednesday, March 12, 2008 2:22 PM

I agree Christy! I believe everyone that lives here understands the law as well.

ByMichael Stuart @ Wednesday, March 12, 2008 3:14 PM

Any vehicle with a license plate on it can drive on beach, no matter what it looks like - and Golf Carts.

By Bob...Again @ Wednesday, March 12, 2008 3:34 PM

Darrell..........No one on this beach changed any law. It was the State of Texas that did. There are many laws i don't agree with but I as most people abide by them. You need to call your state represenatives. These are the folks that we elect and these are the folks that make the rules. If we don't like what they do, then we vote them out. But before doing that, notify them and voice your concerns. I have.

By jason @ Wednesday, March 12, 2008 10:46 PM

I have a polaris ranger that i have titles and registered with the state of texas.I have also put a slow moving orange triangle,turn signals,horn and INSURANCE THAT HAS COVERAGES LIKE A TRUCK OR CAR.Why would the state send me a title,take my 103.00 dollars give me texas truck license plates and then tell me i cannot ride it on the beach. can someone tell me the answer.Thanks

By Bob @ Thursday, March 13, 2008 10:37 AM

When did the state issue you plates and when do they expire. Reason for question is that the law took effect Sep. 1 2007.

By Bob..again @ Thursday, March 13, 2008 10:39 AM

One more question..does it have inspection sticker ?

By michael coker @ Thursday, March 13, 2008 10:29 PM

WELL BOB YOUR REASON THAT THEY ARE NOT ISUING TITLES TO MULES ANYMORE ARE WRONG . I BOUGHT MINE 6 WEEKS AGO AND NOW HAVE PLATES ON IT . I BELIVE THE POWERS TO BE AT BOLIVER HAVE ALOT TO DO WITH THIS. WE ALL KNOW THAT ALL LAWS ARE NOT ENFORCED ONLY THE ONES HIGHER AUTHORITY WANTS TO ENFORCE . SO I THINK YOUR REASON IS A SNOW JOB . SO DO NOT LOOK FOR ME OR MY FRIENDS AT THE BEACH.

By michael coker @ Thursday, March 13, 2008 10:37 PM

OHH AND BY THE WAY THE LAW STATES THAT GOLF CARTS CAN ONLY BE DRIVEN IN MASTER PLANED COMMUNITYS AND 2 MILKES FROM A GOLF COURSE.

By michael coker @ Thursday, March 13, 2008 11:33 PM

Those golf carts not meeting the criteria in subparagraph (A)(i)-(iv) of this paragraph are not required to be registered, and are also exempt from Transportation Code, Chapter 547 and Transportation Code, §601.051, if the golf cart is driven to or from a golf course and operated:

(i)

in the daytime and the operation does not exceed a distance of two miles from the point of origin to the destination; or

(ii)

entirely within a master planned community with a uniform set of restrictive covenants that has had a plat approved by a county or municipality.

(D)

Operation of any golf cart, except those detailed in subparagraphs (A) and (C) of this paragraph, on public property or other property where the state has law enforcement jurisdiction, requires registration in accordance with current registration laws. Whether a vehicle is designed as a 4-wheeled truck, 4-wheeled passenger, or 3-wheeled motorcycle determines the classification under which the golf cart must be registered. These golf carts are not exempt from Transportation Code, Chapter 547 and Transportation Code, §601.051.

(21)

By Bob @ Friday, March 14, 2008 10:30 AM

Once again, we do not make any laws on The Bolivar Peninsula. I wish we could at times. Here is the link to the State of Texas Transportation Codes. http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm

By Bob @ Friday, March 14, 2008 11:37 AM

Michael.....here is the Transportation Code for golf carts. You must have missed something with your last post. Texas Transportation Code - Section 502.0071. Golf Carts
Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 502.0071. Golf Carts

§ 502.0071. GOLF CARTS. An owner of a golf cart is not
required to register the golf cart if:
(1) the operation of the golf cart occurs in the
daytime, as defined by Section 541.401; and
(2) the operation:
(A) does not exceed a distance of two miles from
the point of origin to the destination if driven to and from a golf
course;
(B) occurs entirely within a master planned
community with a uniform set of restrictive covenants that has had a
plat approved by a county or a municipality; or
(C) occurs on a public or private beach.

Added by Acts 2003, 78th Leg., ch. 1320, § 1, eff. Sept. 1, 2003.

Section: Previous 502.0022 502.0025 502.003 502.004 502.005 502.006 502.007 502.0071 502.0072 502.0073 502.0074 502.0075 502.0078 502.0079 502.008 Next
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Last modified: August 10, 2007

By Craig Lang @ Friday, March 14, 2008 11:38 AM

The new law states:
"All-Terrain means a vehicle NOT designed by the manufacturer primarily for farming or lawn care"

Toro makes a "Workman 4200" which is a 4x4 with a 31 horsepower liquid cooled vehicle for Sports Fields & Grounds Maintenance. This type of vehicle could be driven on the beach. Can someone explain the difference between a Toro Workman and a Polaris or Mule...???

By michael coker @ Friday, March 14, 2008 12:02 PM

TRANSPORTATION CODE

CHAPTER 663. ALL-TERRAIN VEHICLES

SUBCHAPTER A. GENERAL PROVISIONS

§ 663.001. DEFINITIONS. In this chapter:
(1) "All-terrain vehicle" means a motor vehicle that
is:
(A) equipped with a saddle for the use of:
(i) the rider; and
(ii) a passenger, if the motor vehicle is
designed by the manufacturer to transport a passenger;
(B) designed to propel itself with three or four
tires in contact with the ground;
(C) designed by the manufacturer for off-highway
use by the operator only; and
(D) not designed by the manufacturer for farming
or lawn care.
(2) "Public property" means property owned or leased
by the state or a political subdivision of the state.

well bob look at D the mule is designed for farming use . so it is not a atv .

By michael coker @ Friday, March 14, 2008 12:12 PM

to many laws , cant get bait half the time because of regulations , no atv,s no mules ,beach parking permit, and probly next a permit just to get in the water, and cops that sit on the ferry and wright tickets for inspection and passing gas i expect. but thats fine if thats what you want but enough for me. humm lousiana is really not that far either is it .

By Bob @ Friday, March 14, 2008 1:18 PM

This will be my last post on this subject. I am really and truly sorry that everyone is so upset about this. There are three things that I am certain of. #1. No one on this peninsula enacts this or any other law. #2. The Chamber of Commerce along with the business owners and many other local residents that have such vehicles are also not happy with the new law. #3. I can assure all of you that I will not be on the beach giving out warnings or citations. I do hope that you continue to patronage Bob's if you choose to come to the peninsula. I am certain also that I would feel the same way if I owned such a vehicle.

By Craig Lang @ Friday, March 14, 2008 2:26 PM

John Deer and Kabota manufacture "Mule" type vehicles that are the same as the Mule and Polaris but they are manufactured a Farm & Lawn Care vehicles. So, they are not classified as ATV's by the law. Does that mean you can drive them on the beach?

Maybe if I throw a bale of hay, shovel and rake in the back of my Polaris it will be a "Farm or Lawn Care" vehicle and be allowed on the beach? Maybe I could replace my Polaris Body with an EZ-GO Body and it will be a Golf Cart?

Maybe the State of Texas just needs to enforce the speed limits and reckless driving on the beach. I personally think it's the drivers that destroy the Beaches NOT the type of vehicle. I've never seen a Mule or Polaris driving on the beach covered in sand.....but, I see many pick-up trucks driving that are covered with sand. I guess a Mule or Polaris must have thrown all that sand on the pick-up trucks...!!!

By Robert @ Friday, March 14, 2008 2:38 PM

AMEN !!!!!

By Donnie Mears @ Friday, March 14, 2008 3:02 PM

My Mule was registered as a slow moving vehicle in march of 07 and issued tags by TxDOT. When TxDot registered the Mule, they classified it as a Golf Cart and therefore it does not require a safety inspection sticker, but you do have to display a orange triangle on the back of the Mule. One of the qualifiers for the Slow moving vehicle registration is that the machine must be goverend by the factory to do no more than 25 miles per hour. I just received my tag renewal notice in the mail last week and I will be renewing them next week. This registration took place before HB 3849 was passed
( Reclassification of a UV to ATV ). So I have a legal tagged slow moving vehicle that TxDot has approved for me to ride on any public road to which the speed limit does not exceed 35 miles an hour. So when I get stopped by one of the County Officers on the beach, what will they write me a citation for? I have a legal tagged vehicle.
On another note, I e-mailed TxDot to ask them about riding the Mule on the Beach in Crystal Beach beings it is considered a Tx Hwy. TxDot e-mailed me back and said that the Beach is NOT a Tx Hwy and that it is the Texas Land Office jurisdiction. My Wife was raised on the peninsula and I have lived here for 31 years. We have seen a lot of changes take place and a lot of rules come and go, but no matter how this turns out, we love the beach and will stay, but it will be very hard for us to promote the beach as a friendly place for tourist to visit.

By Craig Lang @ Friday, March 14, 2008 6:46 PM

One last comment......Why is TxDot allowed to operate an ATV on a public road/hwy...??? The Galveston Ferry Operations uses an ATV (John Deer Gator) to pick up trash at the ferry landings.

So, does that mean John Deer Utility Vehicles are not ATV's...??? If so, then they can be driven on the beach. If NOT, then the Sheriff's Dept. needs to issue tickets to TxDot employees for operating an ATV on a public road/Hwy.

Ummmmm.....Maybe the State of Texas needs to replace ALL their John Deer ATV's and other Utility Vehicles with Golf Carts........!!!

By Craig Lang @ Friday, March 14, 2008 7:30 PM

OK....Last One...!!!
I believe the State of Texas has a fleet of "Mule" type vehicles they use along highways for maintence of right of ways. I've seen TxDot workers riding along Interstate 10 going to Beaumont doing weedeating around bridges and guardrails.

Question: Why are State owned "Mule" vehicles are NOT ATV's but if I ride my Polaris on the beach, it's an ATV...??? Is this what they call a double standard...??? Maybe the State of Texas needs to replace ALL their "Gators & Mules"...!!!

By Craig McKinley @ Friday, March 14, 2008 7:54 PM

I agree that Bolivar doesn't make the rules but I do believe there is selective choices to what is overlooked and what is not. I believe if Bob had a Rhino he would be able to ride his on the beach and nothing would be said. Can I get an amen?

However I can say this for me: I will not be back to Bolivar. I can't afford to make plans to spend the weekend on the beach when there MAY be a risk of receiving a citation. It's just not worth having to look over my should the whole time.

The times we spent on the beach with our UTV friends have been some of the most memorable times ever...........thanks folks / friends! They may not have seemed like a big deal but my two boys get excited everytime something is said about another beach ride. Oh well, guess that wont be an issue again.

As far as JAG: Your stupid! Enough said.

By Bob @ Friday, March 14, 2008 8:35 PM

Craig : You really don't mean that do you ? If I were to own one, which I wish I could, I would expect to receive the same treatment as everyone else. Could you imagine the uproar that would occur if I was not given a citation and others were. Especially if the people that saw me riding one and they were ticketed. Those people then would have every riight to take it to court. Now come on.........let's be fair about this.

By Darrell Giese @ Friday, March 14, 2008 9:50 PM

I guess none of this is here or there.

GCSO thinks UTV's should not be there
an that pretty well settles that IMHO.

I think there's a whole lotta BS & hearsay on this issue.
People quote chapter & verse on UTV's
an then spout hearsay on Golf Carts.

Personally,
I think next year it will be Golf Carts in the crosshairs.
Just like we watched ATV's get it while we rode w/o any hassles last year.

Bob, I at least apprieciate you do'n your best on this.
I think that the Bolivar C of C is gonna loose a chunk of revenue off of this deal.
An the County Officials can say whatever they please
but in the end
a large number of us
that showed up with our $10k UTV's & $30-50k ToyHaulers
bought permits, rented stuff, bought goods, an dined frequently
even though everyone else was freakin' over hurricanes, murderers, an rapists in CB.

In this economy
blamin' Austin ain't gonna pay Bob's bills or employees.

Good luck you all of you.

By Darrell who can't type @ Friday, March 14, 2008 9:55 PM

I meant to say we ain't gonna show up after the part about hurricanes & rapists.

( remind me not to post when I'm dead tired )

By Bob @ Friday, March 14, 2008 10:37 PM

Thanks Darrell...........I appreciate the comment. Again, I can assure you that all the business owners are concerned and you can believe me when I say that our C of C is also concerned. The chamber is only a group of business owners and other concerned citizens and in NO WAY do we create or enforce any law. Sometimes I wish we could. I will miss you guys and girls. This is really a neat place. I wish I was not Bob at times so I could actually enjoy the beach. Most of us that work down here don't even have the time to go to the beach. We live on the beach but that does not mean we go there. And that is a real shame.

By Craig Lang @ Saturday, March 15, 2008 6:14 AM

After reading futher and getting more confused. I conceed the fact that UTV's are now ATV's and not allowed on public roads and beaches. The question I now have is: If I sell my Polaris Ranger and buy a golf cart, do I have to trailer it to the beach? It appears that golf carts are only allowed in Master Planned Communities or within 2 miles of a golf course. The Law does allow golf carts on the beach but can someone tell me where I can find the Law that allows me to drive a golf cart to and from the beach on a public road? There are a couple of new developments on Bolivar that have private roads and it appears they can drive to and from the beach on private roads but what about all the older subdivisions that have roads maintained by the County? Before I sell my Polaris and buy a golf cart, I want to be assurred I can drive it to the beach and don't have to trailer it to the beach.

By Brad B. @ Saturday, March 15, 2008 9:27 AM

I beleive the problem comes in when a slow-moving vehicle emblem is mounted on a vehicle that can travel faster than a slow-moving vehicle can go legally. Mules are designed by the factory to go less than 25 mph, so are golf-carts. I believe the intent is to keep fast-moving vehicles from displaying the Slow-moving emblem. How is a Rhino with a slow-moving emblem any different from a Mustang GT displaying a slow-moving emblem? Slow-Moving means that it can only go slow. Get it?

By Darrell Giese @ Saturday, March 15, 2008 2:38 PM

Craig, there is no guaranty.

I have friends who bought UTV's specifically to ride on the beach.

Last year Mules, Rangers, Rhinos, & Prowlers were allowed to operate on the beach.
We even rode to establishments like Bob's,
no problems.

My guess is that we were in a gray area
that the State of Texas saw fit to clarify
because they seem to be Hellbent to stop any recreational activity that involves internal combustion.

Now GCSO is gonna free the beach of us outlaws.

Next year
or even next month
they may go after Golf Carts.

They should
because they are in violation of several laws.

There are a number of us that have decided that just for plain orneriness
we are goin' to document the Golf Carts on the beach
because we ALL want a safe beach, right???

One has to wonder why Galveston County has not put up signs advising the public of the conditions & requirements so golf carts can be used on the beach like they did for ATV's & UTV's.

It IS a messy business when you start following the letter of the law with one group
and exclude another.

( aka : Discrimination )

-------

As far as the difference between a Mustang GT
an my Ranger
my Ranger weighs 1,150#
and has a 700cc motor.
It has a bed in back
that often has bagged trash or debris that my family has collected off the beach.

In all my time on the beach last year
I never have seen a Mustang
or any other 'legal' vehicle that did less damage to the beach.

Although I saw a number of them speeding,
tearin' the beach up
and slingin' trash out the windows.

By Bob @ Saturday, March 15, 2008 5:20 PM

Craig : Good points. I have the actuall copy of the law enacted in 2003 that pertains to golf carts on the beach. It is from the State and County. It is somewhat ironic that in 2007, the State enacted a new law that mentions golf carts but not near as well defined as the 2003 version. I have a copy at the restaurant if you want it. BOB Copies of both i may add. You damn near need to be a lawyer to figure it out. I am just a business owner on the beach along with the others that really want all the folks we can to come down and visit out establishments. The bolivar peninsula has undergone many changse over the past 7 years and I think it's called growing pains. We all experience them and learn from them. Or at least, thats is what should happen.

By James @ Saturday, March 15, 2008 7:23 PM

Wellll, as the proud owner of EIGHTdiesel trans Mules, all titled and licensed prior to this law, I've got to comment. Numero uno....if a "golf cart" is modified for street use, and goes over (I need to go back and read the code of federal regs to be sure but I think it's 15 mph), then guess what? It's not a golf cart by fed law. If it has the mods to make it street legal per neighborhood electrical vehicle statues it is no longer a golf cart. This was all carefully worded by golf cart mfgs who wanted no part of liability for modified carts running the street. The person who does the mods is the manufacturer by fed law. Last I checked, fed law takes precedent over state. The feds, however, GRANT THE ABILITY TO ALLOW OR DISALLOW THE USE OF THESE VEHICLES BY THE PUBLIC TO MUNICIPALITIES. Also, before I took such a big stake in mule ownership, I researched this issue exhaustively. Our mules are neighborhood electric vehicles licensed under the lslow moving vehicle regs for the state. (If you google "code federal regulations neighborhood electric vehicle" you will also see that these vehicles to not have to be electric powered.) I don't know, but I do intend to find out, who greased "The Leg" to get this even more confusing law passed, but the hammer is going to come down on "golf carts" too if this deal is enforced. Exactly what they were considering when they decided to make some of the most fuel efficient, easy on resource vehicles illegal in this day and age is anyone's guess. Read the "cfr's.

By Bob @ Saturday, March 15, 2008 8:01 PM

The feds have nothing whatsoever to do with the beach. This is the beach governed by the State of Texas. The federal government does have control over somehighway and Federally owned property such as wildlife refuges, Parks and the like, Please do not attempt to bring in the Federal Gov. on this one. Wrong to do so.

By Craig McKinley @ Saturday, March 15, 2008 8:41 PM

All this sounds really nice but the fact is I can't take my family to your beach to ride my Rhino for the weekend with my UTV friends. How are we gonna fix that?

Bob, do you really care that WE can't ride our UTV's or are you more concerned about the money the I wont be spending at your place or the rest of business in Bolivar? Really?

What do you do for past time enjoyment and entertainment? Think about how somthing like this would affect you hobbies. I have no reason to bash you but out of all of the people who have commented on this post who could really have any influence on this matter? People like you. The business owners can make a difference over someone like me that has no vested interest in the place, only part time enjoyment.

While I'm writing this I'm stilling trying to figure why golf carts are ok......I just don't get it.

I'm also still waiting on an explanation from JAG in regards to why it's such a big deal for me to ride my Rhino on the beach....not the dunes but the beach. How much damage does my Rhino do in comparison to my 3/4 ton diesel truck? Maybe I'm the stupid one.......I just don't get it.

By michael coker @ Saturday, March 15, 2008 8:57 PM

i for one am going to start bitchin about golf carts anyplace i can , but im sure allowances will be made for them, or maybe you can pass a law that says you can only ride a golf cart you rent in cb. total bs

By james @ Saturday, March 15, 2008 10:13 PM

Bob,

The only reason I mention Federal law, is that it takes precedent over state law. While this may sound sinister to some, fact is that's how we end up having reasonably similar laws between states...the states are granted the right to pass laws by the fed but they have to comply with things like the constitution. This can come in handy in certain cases, such as when you happen to find a state is violating your civil rights for instance. Easy to poke fun at this concept unless you find you are the one on the short end of the stick. Enough of that. Regarding this issue, though, I am unaware of what special interest pushed this through. I doubt it was golf cart owners, they are probably in line to be screwed next. What I'm really wondering at this point is the legality and justification for rescinding what I bought and paid for when I registered my vehicles. I paid sales tax, bridge tax, registration fees, title fees, automation fees, license fees,all these were paid for a single purpose,the right to use this vehicle in the manner specified when I registered it. So, the state's saying "Deal's Off?" Don't expect me or others to just lay down for this. Some things are worth fighting for.

By michael coker @ Saturday, March 15, 2008 10:17 PM

read this real carefully this was passed 2007

H.B. No. 2127

AN ACT
relating to the operation of all-terrain vehicles in connection
with utility work.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 663.037, Transportation Code, is amended
by amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) The operator of an all-terrain vehicle may drive the
vehicle on a public street, road, or highway that is not an
interstate or limited-access highway if:
(1) the transportation is in connection with:
(A) the production, cultivation, care,
harvesting, preserving, drying, processing, canning, storing,
handling, shipping, marketing, selling, or use of agricultural
products, as defined by Section 52.002, Agriculture Code; or
(B) utility work performed by a utility;
(2) the operator attaches to the back of the vehicle on
top of an eight-foot-long pole a triangular orange flag;
(3) the vehicle's headlights and taillights are
illuminated;
(4) the operator holds a driver's license, as defined
by Section 521.001;
(5) the operation of the all-terrain vehicle occurs in
the daytime; and
(6) the operation of the all-terrain vehicle does not
exceed a distance of 25 miles from the point of origin to the
destination.
(d-1) Provisions of this code regarding helmet and eye
protection use, safety certification, and other vehicular
restrictions do not apply to Subsection (d) [this subsection].
SECTION 2. This Act takes effect September 1, 2007.

______________________________ ______________________________
President of the Senate Speaker of the House

I certify that H.B. No. 2127 was passed by the House on April
13, 2007, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.

______________________________
Chief Clerk of the House

I certify that H.B. No. 2127 was passed by the Senate on May
10, 2007, by the following vote: Yeas 31, Nays 0.

______________________________
Secretary of the Senate
APPROVED: _____________________
Date

_____________________
Governor

By BOB @ Saturday, March 15, 2008 10:20 PM

To Craig McKinley: Craig, I do not know if you know me and I do not know if you have ever been to my establishment. I hope you have. It is a really neat place and I feel that you would have a good time here. Having said that, my hobbies are all but non-existant. Running a restaurant 7 days a week from 10 A.M. until 10 P.M. is quite taxing. Of course that is my choosing. For those that do know me, I am very active in the community and the issue at hand. Folks this is not about money. This is about what a bunch of you are no longer able to do. If I did not care, I would quit posting. I am on your side along with other people such as you. There are many residents that are having this same concern and some if not most of them may never have even stepped in this restaurants front door. For those of you that do know me.........well I guess enough said. BOB

By michael coker @ Saturday, March 15, 2008 10:23 PM

according to this it seems to say you can ride or someone explain where it says you can not please.

By Bob @ Saturday, March 15, 2008 11:27 PM

Michael : Will check this out manana. Been a long day. Spring Break 2008. Going to Sharky's for a cocktail. Hard to drink at ones own establishment with all the law eforcement in check. Life is a BEACH !!!!!!!!!!!

By Donnie Bell @ Sunday, March 16, 2008 1:41 PM

Bob,

I have enjoyed your posts and you sound like a very caring individual. Thanks for being a voice of reason. In one of your earlier posts, you said the Bolivar C of C was going to discuss this issue at your next session. I just wonder if a compromise can be made somehow.

We are a RUV club and were in the planning stages for our 2nd annual UTV Texas Beach Ride and it is a huge disappointment that this issue has arose. We had an awesome time last year on our spring and fall rides and this has affected many families vacation plans this year. We travel to Crystal Beach from all over the state and have invested a lot of money on our beach toys. I don't think anyone realizes the impact that this law will have on the peninsula. I'll go out on a limb and say we were probably some of the most respectful visitors to your beaches last year, even gathering debris from Humberto and helping to pull stuck vehicles from the sand. On the day we broke camp, we made sure the beach was cleaner than when we arrived.

We will miss you and you will miss us. I pray for compromise.

By Mike @ Saturday, March 22, 2008 1:03 AM

Great. I just purchased a Polaris Ranger specifically for our beach cabin. Galveston County Parks Board took my money for a parking permit. I guess the selective law enforcement continues in the area...I can gamble but I can't ride my $12k Polaris on the beach. Chamber of Commerce use your political stroke toto keep the money associated with the operation of flowing through the local economy

By Brad B. @ Wednesday, March 26, 2008 6:02 PM

Comal county Tax office makes this matter much more clear.

http://www.co.comal.tx.us/tax_office/Motor_Vehicle/frequently_Asked_Questions.htm#Q._What_about_Golf_Carts_and_miniature_type_vehicles:

By Brian @ Thursday, March 27, 2008 8:49 AM

EVERYONE who has a UTV, please contact Galveston County Representative Craig Eiland at 1-800-345-2630 to show your concern. This number goes to his Austin Office where they are working with the state to clear up this mess. They are also needing picture of UTV's.

By Donnie Bell @ Thursday, March 27, 2008 7:09 PM

I have a question just for clarity. My 4 seater mule is registered as a SMV, insured and plated as a passenger vehicle, and governed not to exceed 25 mph and I just renewed my registration for 2008. Will I be able to drive my registered mule on Crystal Beach without getting hassled every time I turn around? I have really enjoyed the thrill of taking it to the beach and cruising around. I plan to purchase a beach parking pass for both my truck and the mule and was wondering if it is even worth coming to CB again. I still don't get it that golf carts are still legal to drive but not the mule types. My mule is in no way an atv and should not be classified as one. A good number of the golf carts I've seen there are not being driven by licensed drivers either. Something has got to give. I would appreciate some clarity before I load up for a fun day only to be possibly turned away once I get there.

By Bob @ Thursday, March 27, 2008 10:26 PM

Brian has the answer folks. Mr. Eliand will be our guest speaker at our annual citizen of the year award dinner, April 22, 2008 @ 7 P.M. Call C/C for details. www.bolivarchamber.org. "EVERYONE who has a UTV, please contact Galveston County Representative Craig Eiland at 1-800-345-2630 to show your concern. This number goes to his Austin Office where they are working with the state to clear up this mess. They are also needing picture of UTV's." We all want this mess cleared up..........and it is a mess.

By byebyebolivar @ Wednesday, April 02, 2008 10:50 AM

We left the Freeport area because they shut down the stretch of beach that I grew up riding motorcyles on. Spent several summers in Belize, then decided to keep our money in the U.S. Being able to drive UTV's was a big selling point when we decided to purchase our vacation spot in Bolivar last summer. As a business owner outside of Crystal Beach I was looking for a place to let the stress roll off and have a good time with my family. Instead my blood pressure is rising and I'm considering calling a local realtor to hang the for sale sign out! I can tell you this much if I was a business owner in Crystal Beach I would be doing alot more than referring you to 1-800 #!
So let's see now we have:
NO UTV's
Beach parking permits
an unsolved murder on the beach
Unsafe drinking water (lead) that we're paying a minimum of $50 buck a month for that we can't even drink.
I think we'll just head back to Belize instead!
Since it seems we're catering to the illlegals who can't afford the UTVs let's see how long they can support your high priced menu Bob!
No Bob if I were you I'd either be doing a lot more to get this resolved or I'd be looking to hang your own for sale sign out!
Sorry Bob, but seems like you self-appointed local politician and should do everything in your power to turn this around and quickly.
btw-who was at the meeting when the decision was made to enforce this?
Protest Rally anyone? Let's not just rollover and take this!

By michael @ Wednesday, April 02, 2008 8:45 PM

I second that motion. byebye

By michael @ Wednesday, April 02, 2008 8:52 PM

bob and the rest of the chamber should go to this forum and look how it progerssed from going to the beach to somewhere else , looks to me like you guys are loosing money. Texas 08 UTV Ride - River Run April 18-20

By Bruce @ Thursday, April 03, 2008 8:50 AM

You can bet for every complaint sent in there many more that just choose not to show there anger by posting comments here, but to just plain stay away from this area. Bob I took your advise and called the 1-800 number but got a recording with a promise of a return call. I also E-Mailed Craig, But as of this date no return call or E-Mail. To protest this decision to throw the UTV's off the beach, I plan to purchase all goods from from my home town prior to coming down to our home at Crystal Beach. I will just go to Beaumont if we decide to dine out. Maybe by not supporting any bussiness in Chambers County they will get the message and pass it on the people who have decided to enforce this crazy selective issue. No telling what they will come up with next......

By Bruce @ Thursday, April 17, 2008 5:52 PM

UPDATE -- I too own a house at Crystal Beach and own a Ranger UTV. I was told also to stay of the beach in March 2008. I called and E-Mailed Craig Eiland(State Rep.) but as of this date I have not received a return call or E-Mail. My wife had found out that the Texas General Land Office could maybe help us UTV owners on this issue, so we made an inquiry. We found out that on April 16,2008 a meeting was held at the Texas General Land office about this very issue to see who has jurisdiction over the beach area at Port Bolivar. It was determined that Galveston County has that jurisdiction and not the state. We also learned that the Galveston County attorney's office is responsible for the interpretation of these new laws passed.(2127 and 3849) We called the County attorney office to speak with the county attorney who did the interpretation but was told he was off today. His name is Barry Willie and his number is (409)770-5562 in case anyone else would like to question him. It appears that us UTV owners who still desire to use our UTV's on the beach at Port Bolivar only chance at getting this straightened out is to contact Craig Eiland on a regular basis inquiring about the status of his involvement in getting Galveston County policy reversed. E-mail's should still be sent to Crystal Beach chamber commerence and local business owners on a regular basis asking them to also help put additional pressure on the County to reverse their position on this issue. The golf car people should also come on baord and help with these inquires too. They better realize they are next in line for some of the same type of legislation too. Just maybe we may get this mess straightened out yet...... By the way the people at the State Highway Dept, and the Texas General Land Office can not understand why Galveston County has decided to take the position that they have for the enforcement of these new laws.........

By Donnie @ Monday, April 21, 2008 2:09 PM

It's amazing to me how easy it is to just rewrite the laws to cater to the special interest groups. I guess Crystal Beach and Galveston county have found their way to run the middle class out. Good luck to them dealing with what's left in our place. Our group will go elsewhere. Another fine example of bureaucracy at its finest. What a crying shame.

By B.E. @ Thursday, April 24, 2008 9:09 AM

Has anyone heard how the meeting went with Craig Eiland about the UTV. this week

By Bruce @ Saturday, April 26, 2008 6:42 PM

Has anyone seen spoke to the elusive Craig Eiland???? I requested info from his office by phone and E-Mail, but to date no response..... I was under the belief that Craig Eiland is suspose to be representing us..... Maybe the no response is because he did in fact vote for HB3849 which statred this whole mess..... He will get to see me in person though --- When the next seesion conviens in Austin and when he comes up for re-election.......

By BE @ Sunday, April 27, 2008 4:45 PM

Last thur. I called Craig Eiland office and ask to speak with Craig E. and was told he was in LA.by the lady that answered phone. I also asked what was he doing to straighten out the mess with the UTV.s at crystal beach and was told he was asking for a letter of intent from the auther of the law. She also said Craig E. did not fill the law was intented to stop UTV. from rideing on the beach. My question is how long does it take to write a letter or email this request

By Bruce @ Tuesday, April 29, 2008 8:24 AM

BE, a letter of intent was filed by the author of the bill in question by that author at the time the bill was being passed. This part of the process of introducing the bill for passage...... Craig Eiland knows that.... This is just another stall tatic by Craig, instead of addressing the issue.... It is becoming more and more appearent Craig Eiland is not representing all of the people who put him in office...... After all he did vote for this bill, and he should now also stand up and either fix this mess or explain why he felt by voting for this bill was in OUR best interest. Sure would like to know how he would have voted if Craig had spent 10,000.00 plus on a utv knowing he would no longer be able to use it on the beach as intended...... Sure hope the merchants at Crystal beach are keeping in contact with Craig Eiland letting him know this issue is not going away and needs to be resolved very soon. The UTV owners that spent that 10,000.00 plus and have for year(s) been driving them on the beach are not going to fade away as they would like...... If Craig Eiland or the state of texas would like to give me the 10,000.00 I spent for my UTV, I would be more than happy to just go about my bussiness and forget about this mess.... Until then they better get use to hearing from me........ Specially around election time.......

By Randall @ Tuesday, April 29, 2008 11:50 AM

Good info Bruce, I am ready to see some resoloution also......

By BruceV @ Wednesday, April 30, 2008 4:50 PM

My wife spoke again with the Galveston County attorneys office(Barry Willie) which is in charge of the interpretation of this new legislation today. He said if the UTV is registered as a slow moving vehicle or neighborhood electric vehicle and display's the license plate on the UTV, The UTV WILL BE ALLOWED TO OPERATE ON THE Port Bolivair, and Crystal Beach. He said his department has sent a memo to the sheriff department telling them not to issue citations to the registered UTV's and if they do write citations to the registered UTV's his department will not proscute.... Barry Willie's phone number is (409)770-5562 in case you would like to verify this info...... Now all us unregistered guy's will have to fight thru the registeration process..... This is great news -- just hope it sticks........

By RONALD @ Thursday, May 01, 2008 10:58 AM

Bruce, how do you plan to register your ranger? It is my understanding that if the vehicle exceeds 25 mph it cannot be resistered as a slow moving vehicle/neighborhood vehicle. I own a arctic cat prowler which run 40+ and would like very much to be able to register it but at this point I don't see how.

By Randall @ Thursday, May 01, 2008 4:12 PM

Bruce, or anyone that has registered their utv, what is the cost? Im also guessing you need insurance?? How much is this??

By Bruce @ Friday, May 02, 2008 9:18 AM

I found this site on the internet that answered a lot of my questions about getting my ranger 4X4 registered as a Slow Moving Vehicle. Also My Ranger 4X4 has Two drive ranges. Drive range one only allows it to run 15 to 20 MPH. So I will always only use that range to drive it. To get to that internet site, go to GOOGLE and type "Registering Polaris Ranger Texas" GOOGE will list several sites, but the one I selected that really provided great info was about six entries from the top - "BUGGIES UNLIMITED GOLF CART FORUM : View topic - TEXAS - STREET" This is six or more pages of blog entries of texas people registering their golf carts and John Deere Gators as slow moving vehicles. You do have to sign a form stating your UTV does not exceed 25 MPH. If you have only one drive range you will need to go to the dealer and ask how to govern your UTV to only run a max speed of 25 MPH. Your Insurance and what forms needed questions should get answered. Good luck-- I will be starting that process next week for my own UTV........

By michael @ Friday, May 02, 2008 8:53 PM

i called that number today and talked to a plesant man , but he said they are illegal to ride on the beach so the confusion is still there but i also heard unsureness in his voice so the confusion contuines on , my mule is titled as a golf cart with plates and a sticker on it . IT WOULD REALLY BE NICE IF SOMEONE WOULD FIGURE THIS OUT.

By B E @ Saturday, May 03, 2008 11:11 AM

Michael if your UTV is titled and has plates and you have insurance.Why don't you take your UTV to the beach and be the test case the fine can't be that much.I don't see how they can stop you if you are legal to ride on the roads I also called my insurance agent and he told me insururance would be about $100.00 per year on my Prowler.

By Bruce @ Sunday, May 04, 2008 9:44 AM

Micheal, Did you talk to Barry Willie???? Also did you tell them your UTV was registered as a SLOW MOVING VEHICLE????? Barry Willie was the one who was tasked by the Galveston County attorney office to interpret this issue. Monday I will be trying to get my Ranger 4X4 registered as a Slow Moving Vehicle. If successful I will drive it not only on the beach but any public road. If Galveston County law enforcement wants to ticket me then we will all get to find out what the truth is about what is enforceable and what is not......... The Galveston County sheriff officers nor any other law enforcement can forbid current registered Slow Moving Vehicles use of the PUBLIC ROADS. The law the Galveston County Sheriff is using to keep the UTV's off OUR PUBLIC BEACH ACCESS comes from the same set of laws which include the current law (SLow Moving Vehicle) they are also enforcing. The Slow Moving Vehicle is not new it has been in place for quite some time now...... Still, the UTV owners and Crystal Beach Chamber Commerce along with the local businesses should keep the inquiries coming to Craig Eiland and the Galveston County Sheriff's about getting this issue resolved..........

By michael @ Sunday, May 04, 2008 9:51 PM

bruce i have plates and reg sticker on my mule and insurance man is in process of getting me a card , when they run my plates it comes back as a kawasaki ,,body- golf cart . and on my title application it even shows i paid a 10.00 road & bridge fee, yes i see what the atv law means but i also see that the state regestered my mule as a legal vehicle, wich is more than any of the golf carts have . and i just would like to cruz the beach just like the golf carts, i really do not wish to raise cain on the beach like i see the trucks and jeeps do. i have a friend that went to high island this weekend and he said he saw dirt bikes and 4 wheelers on the beach so it seams like one question leads to another . if anyone ever figures it out please post it .

By Neil Jones @ Sunday, May 04, 2008 10:04 PM

I've been posting all of my frustration on another website. This weekend we road our properly registered Polaris Ranger on Crystal Beach and saw several Deputies. None of them stopped us. A couple looked for the plates and then kept riding. I hope the legal office and law enforcement are now on the right track. I greatly appreciate everyone's effort in getting us back on the beach. We do need to support our law enforcement officers as they were just doing what the office had told them to do. Now maybe they can enforce the littering laws and ticket the careless and reckless driving that goes on our beach.

By Earl @ Monday, May 05, 2008 3:24 PM

So you guys that registered your utv's are saying it costs $100 a year?? Damn that is more than my 1ton dually?? Man this sux.... Then on top of that insurance is going to be a couple hundred prob. So i am looking at $300 bux to take my rhino to the beach maybe 2 times a year.....

By John S. @ Monday, May 05, 2008 5:10 PM

Earl
I think you may have misunderstood what you read. I have full coverage insurance on my mule that cost's $125.00 per year and my registration is $70.00 per year. The previous post said that the liability insurance was $100.00 per year not the registration.
i am from the dallas area and would visit the CB area 4 to 5 times a year and would always buy my stuff there to cut the cost of fuel to haul it all there. My gas for the mule and generator along with most of my grocery's. I am a member of the Utilityoffroad.com/forum and we are very disappointed in this new law even though alot of us are street legal we still have several that are not and cannot attend our rides on the beach.
I hope that all of these issues are resolved soon. If we should find a new place to gather and ride and become fond of it prior to this issue being resolved our trips to the beach may permantly stop.

By Neil Jones @ Monday, May 05, 2008 6:25 PM

I can see where those who don't ride much think this is a rip. Yes, our legislative brench could have done what they were asked, which was to pass a law limiting the age of a driver while on a public road or beach in a MV and golf cart. That way they would have achieved control over the golf cart drivers and the UTV drivers without causing such a burden for funds. I ride every weekend that I'm down at CB which is about 50 weekends or so. I hope the discusion continues to be constructive so everyone can get back on the beach. Work this through the 2009 January session in Austin if you want change. Make the noise. I almost pulled ~$500,000 of revenue from Galveston County this week. We schedule entertainment for our clients and I'm not about place our clients in the bullseye of Galvetson County. Hope to see you on the beach.

By jason @ Monday, May 12, 2008 9:00 AM

Does anyone have anymore feedback from ther past two weekends on the riding rangers with LPs on them.

By Ronald @ Monday, May 12, 2008 10:43 AM

Rode the beach this saturday (3 trips in my truck). I saw 6 utv that were not licensed, 2 that were licensed, many golf carts being driven by young kids, and 0 law enforcement. They must have been at the crab festival. I was hoping to get a feel for what/how is actually being enforced as far as driving utv on OUR beach. I have heard they are even harassing the licensed utv, Does anyone else have any info?

By Neil Jones @ Monday, May 12, 2008 6:37 PM

I road again this weekend, SAT & SUN, now for two weeks without incident and I am registered via the state of Texas, sticker and 2 plates. Several deputies even returned my friendly wave this week. One nearly stopped me but after he focused his eyes on my registration sticker and plates, he continued to drive by. Most folks in unregistered UTV were stopped this weekend and warned nicely. Most of them stopped by my ride and got advice. Much of my advice can be found at http://utilityoffroad.com/forum/topic.asp?TOPIC_ID=15267&whichpage=3 Get um registered and come have fun again. If in doubt, call the GC legal office. Look forward to seeing all my UTV friends riding and have fun on the beach. Remember to drive and drink responsviely!

By Neil Jones @ Tuesday, May 13, 2008 7:12 PM

OK, the last comment was really bad. It should read, Drive responsibly and Don't Drink and Drive!

By Neil Jones @ Sunday, May 18, 2008 9:07 PM

OK, some bad news folks, Stg. Hudson is still running registered UTVs off the beach. According to him, the Sheriff's Department still does not have the letter from the county legal office yet... I'm trying to get a copy of the letter from Austin for my records. Stupid thing is, several deputies looked at and even ran my plates over the past 3 weeks and nothing. Now what is different?

South Galveston County still has unregistered UTV and even ATV riding on the beach. No enforcement down there or what?

I'm pulling the plug on my company's registered guest for Galveston County for this month and next. I'll place them in a county where they understand the law. (Bye-Bye $$$)

By Bruce @ Monday, May 19, 2008 7:09 AM

Neil -- Barry Willie @ the Galveston county attorney's office was suspose to be sending the sherriff's office the letter stating they were to allow the UTV's registered as SMV's, beach access. Barry also stated to my wife if the sherff office did ticket a registered UTV his office WOULD NOT represent the county on the issue. You might give ole Barry a call and see what gives...... We got our UTV registered as a SMV this past week and plan on using it this week end. If they stop me I am going to insist on a ticket so this can go to court and see if Galveston County has a leg to stand on..... I will appeal this until it hits a state court where I should get a fair hearing..... If Barry does as he said then there should be no trial.....
We do need to get a group ready for the 2009 legislative session to get our great Craiig Eiland to straighten this mess out......

By Neil Jones @ Monday, May 19, 2008 7:24 PM

Thanks Bruce! I to will go to court over this with a citation from GC Sheriff. You are right about not having a leg to stand on. Currently the letter from Austin is in our Reps hands. GC legal should have received it today as well. I just can't afford to place our guest in front of this mess. I'll be on the beach with you all weekend. I've been extremely nice throughout this mess but it's time the legislative branch stepped in and fixed what they started. I'll call GC Legal tomorrow to see if they will return our call. See you this weekend. It was great meeting you on the beach. I hope it brings our group together so we may protect our right in Austin in 2009. As our forefathers said, a little rebellion is good for a democracy!

By Bruce @ Tuesday, May 20, 2008 1:32 PM

Neil -- Ole Barry now seems to not want to talk about the UTV problem any longer.... My wife has put in numerious calls to him but as of this date Barry has failed to return one of them.... I do have the letters that Craig's office sent to Galveston County sherriff's office. If you give me an E-Mail address I will forward them to you..... I know you will want to read them for sure...... After reading them it looking like we now are going to have to get an OFF Highway sticker from the Parks and Wildlife agency..... Before you accept a ticket you might want to get that sticker. Just in case the court system decides the sticker is require by this new law....... I will be at the beach Friday and will have printed copies of these letters.... I just recieved a call from my wife who just got off the phone with Parks and Wildlife..... They know all about the problems with Galveston county sherriff department and they said if the utv is registered as SMV you do not at this TIME need the OFF HIGHWAY Sticker...... Anyway read these letters and form your own view..... See Ya at the Beach.......

By Neil jones @ Tuesday, May 20, 2008 4:22 PM

Thanks Bruce, I have the letters as well. I called the Reps office in Austin and had both of them e-mailed to me. I think if you have a registration already you do not need the Wild Life stricker. See you on the Beach! :-)

By RONALD @ Tuesday, May 20, 2008 5:31 PM

Bruce or Neil, could one of you post a copy of these letters on this forum so others could see what is going on. There are a couple of us who will also be down there this weekend but probably won't be on beach the with our UTV's because they can't be registered in our county. We primarily go down there to fish but did purchase $10K UTV's last year just to ride on the beach. I have called Craig's office bi-weekly since this came to light and keep getting the same "He's working on it" response from the secretary with zero returned calls from them. Maybe these letters will shed some light. Thanks.....Ronald

By Bruce @ Tuesday, May 20, 2008 6:09 PM

Ronald -- The letters are stored in my computer in PDF format. If you give me a valid E-Mail address I will send them to you as an attachment. May be Neil has a way to display them here, but I do not..... You will want to read these letters..............

By Neil Jones @ Tuesday, May 20, 2008 6:53 PM

I'll try and extract them from the PDF and post the text. In the meantime, anyone wanting a copy can send me their e-mail address to: nj77095@yahoo.com.

By Neil Jones @ Tuesday, May 20, 2008 7:27 PM

All,

The following is an extraction from PDF to text through an OCR. The only changes were to correct the spelling that the OCR failed to properly translate. All documents were sign by the respective representatives. Read and use at your own risk.

HOUSE COMMITTEE ON CULTURE, RECREATION AND TOURISM
May 12, 2008
Dear Representative Eiland;

This letter is to address the issue we discussed involving the use of utility terrain vehicles
(UTVts) on Texas beaches, in particular, those located in Galveston County. During the
80th Legislative Session, I introduced House Bill 3849, relating to the registration of allterrain vehicles by the Texas Department of Transportation. Previously, both the Texas
Department of Transportation (TxDOT) and the Texas Parks and Wildlife Department
issued decals for all-terrain vehicles. The voluntary nature of TxDOTts registration
program, as well as the costs of safety education and training delivery without state
funding, were leading to a potentially unsustainable situation. The purpose of this
legislation was to repeal certain statutes that authorize TxDOT to issue an all-terrain
vehicle registration certificate and decal, and transfer those responsibilities to Texas
Parks and Wildlife.

The bill redefines "all-terrain vehicle" in Section 502.001 of the Texas Transportation
Code, and Section 502.006 addresses the registration of these vehicles. The intention is
for these vehicles to register with the Parks and Wildlife Department and receive an "offhighway vehicle decal on the payment of the fee under Section 29.003(b)." In my
discussions with TxDOT and Texas Parks and Wildlife, neither entity has interpreted the
changes as categorically prohibiting the use of these vehicles on the beaches. It was
never my intention in HB 3849 to completely prohibit the use of these vehicles on public
beaches.

Sincerely,
Chairman, House Committee on Culture,Recreation and Tourism
Members: Dawnna Dukes (CBO), Mark Homer, Larry Phillips, Donna Howard, Mike O'Day
PO. Box 2910 Austin, Texas 78768-2910 Room E2.134 5 12-463-1974

TEXAS HOUSE OF R E P R E S E N T A T I V E S
Capitol, Extention E 1.204
P.O. Box 2910
Austin, Texas 78768-2910
Tel: 800.345.2630
Fax: 512-469-0149
Galveston Office:
2423 Market Street, Suite 1
Galveston, Texas 77550
Texas City Office
9702 E.F. Lowry Expressway
Texas City, Texas 77591
Tel: 409.763.3260
Fax: 409.763.8154
CRAIGEI LAND
May 14, 2008
The Honorable Gean Leonard
Sheriff
Galveston County
715 19th St.
Galveston, Texas 77550-2301

Dear Sheriff Leonard:
I am writing to you regarding tickets being issued for driving UTV's on the beach of Bolivar Peninsula. My office, as well as other State Representatives and Senators, have been contacted by numerous individuals concerned with the Galveston County Sheriff Department's interpretation of House Bill 3849 from the 80th Legislative Session. For individuals using the vehicles in a responsible manner and simply transporting fishing and other equipment to and from the beach and for general transportation purposes, I do not believe there has been any change in the law, and certainly not any intentional change in the law. I strongly oppose citizens abusing the beach and breaking other vehicular laws such as speeding, but that does not seem to be the case for many of these individuals. The bill passed the legislature with the intent to mandate that these vehicles be registered before being used in our parks and on our beaches.

I have contacted the author of the bill, Chairman Harvey Hilderbran, and he did not intend for House Bill 3849 to unilaterally ban UTV's from being driven on beaches. I am attaching the letter he wrote explaining his legislative intent with regards to this bill. The bill was merely intended to simplify and streamline the registration process for these types of vehicles. Before HB 3849, registration was being handled by two separate agencies, the Texas Department of Transportation and Texas Parks and Wildlife. The bill consolidated the program under Texas Parks and Wildlife.

I have also contacted both agencies and my staff has been in contact with other coastal
communities over the last few weeks to determine how the bill is being implemented. From these conversations, it seems that Galveston County is the only jurisdiction that has interpreted it as completely prohibiting these vehicles from the beach. I am particularly concerned about this reading of the bill when similar vehicles such as golf carts are still allowed. The differences in the two seem to be minor and do not constitute a ban.
Many of the individuals we have spoken with are upset because they have invested a significant amount of money into vehicles they were told would be allowed on the beach. Information needs to be disseminated regarding your interpretation of these rules so that individuals may make appropriate decisions before investing in a costly vehicle they cannot use.

With Memorial Day and summer fast approaching, I would like to sit down with you to discuss this issue further so that we might find some resolution. I will be in contact soon to set up a time for us to meet. Please let me know if you have any questions.

Sincerely,
Craig Eiland

By Ronald @ Wednesday, May 21, 2008 7:06 AM

WOW! Hats off to Mr. Eiland. I had all but given up on him helping us. That is an excellent letter and in mind it puts the ball squarely in sherriff Leonard's court. I now have renewed hope this may all be straightened out. Thanks for post Neil.

By Craig Lang @ Friday, May 23, 2008 11:21 PM

Friday May 23, 2008
Sheriff Deputies still threating to ticket and tow Mules & Rangers for driving on roads & beach. They said, "Letters from Harvey Hildebran and Craig Eiland don't change the law". They said Sheriff Leonard & Galveston District Attorney are saying to enforce the law including prohibiting Mules & Rangers on the beaches & roadways. Only golf carts are allowed. Bolivar always gets the Sheriff Dept. best officers don't we...???

I'll be on the beach on Saturday with my Ranger with Slow Moving Vehicle plate and 6' safety flag delivering "Produce" from the field. (Blackberry picking and delivering Tomatoes) This is a legal activity. I hope I see Galveston County's Deputy's. I'm sure the deputies will be rude, crude and disrespectful again. I will welcome their tickets & towing. Let's go to Court and see what happens.

By Boycotting Bolivar @ Saturday, May 24, 2008 7:35 AM

Good luck. I think you will find yourself in a never ending series of court dates. They don't want a resolution, they just want UTV's to go away.

By donnie @ Sunday, May 25, 2008 6:22 PM

I thought we had some resolution on this, but I guess I was wrong. Today, my wife and I loaded up the trans mule (fully registered, plated and insured), put $90.00 of diesel in the truck, drove an hour and a half to Crystal Beach, went into The Big Store and purchased 2 beach parking passes, 1 for the mule and 1 for the truck, the time was 1:50 pm. We then proceeded to the beach to find a parking spot. It was very crowded today. We finally found a spot to park, I disconnected the tie downs for the mule and backed it off the trailer. My wife and I were in the process of loading our chairs, ice chest, etc into the mule so we could cruise up and down the beach when an officer D. Hudson from the Galveston County Sheriffs office pulls beside our stationary mule and informs us that we can no longer ride it on the beach. I let officer Hudson know that my mule is registered as a slow moving vehicle, has proper plates, insurance and the newly purchased parking pass on it. He proceeds to ask me for my name, address, etc and writes me a ticket for operating an atv on a roadway. The time was 2:15 pm, exactly 25 minutes from the time I purchased my parking pass. I inform him that we had just arrived, and that we only backed the mule from the trailer, that we were not operating an atv and that it wasn't on a roadway. He said I needed to talk to the judge. I was not rude to him in any way and I also have witnesses. All we could after that was load up the mule and drive home. Our Memorial day was not very memorial at all. Now I face a court date and I intend on fighting this ticket. Please let this be a warning to anyone thinking this issue has been resolved. I learned the hard way and other than my court date I will never frequent Crystal Beach again.

By BG @ Sunday, May 25, 2008 7:23 PM

Damn Donnie, that sucks hard.

I dunno who put a burr in GCSO's panties
but they sure seem to have a large erection for UTV's.

By Neil Jones @ Monday, May 26, 2008 9:18 PM

Sorry to hear that Donnie. You are not the only one ticketed this weekend. I can't for the life of me understand Galveston County. It is off to court. We are going beyond Galveston Country Court with this. If you get a lawyer you can beat this. Send me yoru contact information, NJ77095@Yahoo.com . Now that damages have been incurred, a class action law suite from UTV owners and operator affected by these idiots is a real option. The remaining details will not be made public as we look toward legal action of our own with Galveston County.

By michael coker @ Monday, May 26, 2008 11:57 PM

For the life of me i can not see why gc will ignore so many other violations just to pop us old guys on there utv s , someone in gc is calling the shots that hammer utvs . looks to me like a class action suite aganist gc or the state because one of them must be wrong and the state is making alot of money from utv regesteration and even charging me a road and bridge fee.

By Bruce @ Tuesday, May 27, 2008 7:20 AM

Neil - Because of a shot battery we were un able to use our Ranger this weekend..... Did go once to the beach front with our golf cart but just turned around after seeing how crowded it was.... So I see the G/C has now decided to issue citations on this matter.... When my wife called Friday and asked the G/C's sheriff office if they were going to allow registered UTV's beach access they replied only legal registerd vehicle's were alowed. When futher questioned about registered UTV's they replied that if the registered vehicle could be driven on I45 to Houston form Galveston it would be considered leagl. What a joke...... When questioned the state highway patrol there response was if it has a current SMV registeration it is legal to drive. Wether the registeration is legal or not was determined at the time it was registered. It looks like Craig Eiland did not make any head way with G/C sheriff office. Besides a class action suit we (UTV) owners still need to get together for the 2009 legislative session to get Craig Eiland to straighten this mess out...... I sure you guy's will beat this ..... most likely not in G/C's court room but surley in a state court room. Let me know if we can be of any assistance to you guy's on this on going issue.........

By Randall @ Tuesday, May 27, 2008 11:20 AM

Man am I glad I didn't chance it this weekend and decide to spend my money in Galveston/Crystal Beach..... My UTV stayed safe in its parking spot at the house and didn't cost me a dime...... Count me in on the class action when you all get that together....

By Ronald @ Tuesday, May 27, 2008 1:22 PM

Seems they are only discriminating against the utv riders in Crystal beach area. I heard they are riding utv's and atv's on the beach south of San Luis Pass which is in Galveston County. How can that be? I'm also interested in the class action suit. Just curious, isn't this an election year for sheriff leonard? If so, who's running against him?

By Craig Lang @ Tuesday, May 27, 2008 3:18 PM

We senior citizens driving UTV's on the beach are an "Easy Hit" for the Sheriff's Office. It helps fill their ticket quota and show that they are enforcing the law. Besides we don't offer any conflict. I've contacted Harvey Hildebran (author of HB 3849), Craig Eiland, Sheriff's Office, District Attorney and Govenor Perry. Nobody wants to take responsibility for HB 3849. Most UTV owners I see on the beach are well behaved law abiding citizens. We're and "Easy Hit" for Galveston County. As far as I'm concerned, Sheriff Gene Leonard needs to be replaced by a new sheriff in November with someone that will take responsibility and use good judgement in his department.

By jt @ Tuesday, May 27, 2008 9:26 PM

I can not understand why Galveston SO is so worried about enforcing UTV's on the beach especially if it is registered by the state and furthermore, it has insurance. If you get hit by a golf cart, who will end up paying for the damages? At least with the registered utv's, they are insured to cover damages. There are too many kids driving golf carts on the beach, they are spinning out in them and weaving between other vehicles, but nothing is being done in the safety of the public. Better yet, Galveston SO is worried about enforcing getting utv's off the beach which is being driven by "adults". If the tax office registers your vehicle that should mean it makes it legal to be driven down the beach, why would Galveston deputies tell you it is still illegal even if it is registered? If they think it is illegal, then wouldn't you think they should take it up with the Tax Office? Per the transportation code most utv's fit the definition of a light truck as long as they satisfy the definition of a slow moving vehicle then they are perfectly legal.

By Cheap Shot @ Tuesday, May 27, 2008 9:37 PM

Writing bogus tickets for UTV on the beach is probably much eaiser than solving brutal rape and murder of a 28-year-old mother from Orange.

Way To Go Galveston County Sheriff's Office!

By Donnie @ Friday, May 30, 2008 11:04 AM

Neil, I'm sending you my contact information. I should not have to pay money for a lawyer to fight a ticket for doing absolutely nothing wrong. I'm already out enough money in diesel and worthless parking passes. I will not pay a fine for this ticket, I will not pay a dime in court costs, I have multiple witnesses, and I have no trouble getting the media and newspapers involved. This is total BS, me having to fight a ticket for backing a fully licensed, registered and insured UTV (it is not an ATV) off the back of my trailer onto the beach. I never even drove it, but Officer Hudson told my wife that we were fixing to. This Officer Hudson needs to be repremanded for his conduct and I'll do my best to see that it is done. The process will start today.

By geeeez @ Saturday, May 31, 2008 9:01 AM

geez get over it!!!! You knew it was outlawed but you still tried it anyways. grow up

By BG @ Saturday, May 31, 2008 9:57 AM

I guess if they outlaw your licensed & insured vehicle an then ticket you, you're just gonna get over that???

Get ready for the Stormtroopers you pathetic little sheep.

By Bruce @ Saturday, May 31, 2008 1:27 PM

BG/GEEEZ - You two must be the ones supplying the DONUTS for YOUR stormtroopers at the ferry landings........ We all will get over it as soon as YOU TWO send each us the 10,000.00 plus we paid to buy these UTV's that YOUR stromtroopers acknowledge as legal to operate until this past March 2008. Until then you two just better get use to seeing more postings about this issue until it is resolved..... The fact is that these UTV's that ARE LEGALLY REGISTERED WITH THE STATE OF TEXAS AS SMV's have every right to drive on the beach as unregistered golf carts and all other registered vehicles do..... Just because YOUR stormtroopers say they do not have the right to operate on the beach does not make it so legally..... Your stormtropers are suspose inforce the laws not make them up to suit there pesonal agenda..... It sure funny only one of these stormtroopers seem to be causing all the problems currently........ All of us UTV owners respect your opinion on this issue but your gonna have also respect ours.............

By BG @ Saturday, May 31, 2008 4:38 PM

Don't put me in with the GEEZ Klown.

I have an unused $11.500 Ranger that has not been on Crystal Beach this year. My comment was directed at that GEEZ fool that blithely accepts what the Sooper Troopers say.

By Bruce @ Saturday, May 31, 2008 9:39 PM

BG -- Sorry about that...... Have you registered your UTV as a SMV yet???? I just completed registering mine a couple weeks ago.... All the county wanted was a picture of the UTV, and a signed form they provided. So when sheriff Hudson said the county office did not know what they are doing when they registered the UTV as an SMV, maybe he should stick to doing his job and let the county clerk do theirs..... They seem to know more about what they are doing than Hudson knows about the law he is suspose to inforce........... He and the galveston county sheriff office have angered many people on this issue and it will not be allowed to just be swept under the covers as they would like......

By BE @ Sunday, June 01, 2008 10:22 AM

Bruce ...I thank every one is looseing sight of what the law says. Chairman Hildbran did not intend house bill 3849 to unilaterally ban utv from the beach the intention is for these vehicles to be registed with the P&W dept.and receive a offhighway vehicle decal it's not the bill it's the sheriff office and the district attorney i all so thank hudson has a lot to do with this

By Bill Smith @ Sunday, June 01, 2008 5:32 PM

We need some help, or at least some advice on where to go for help.

We have a Kawasaki mule. We bought it, as our friends also intended to do, to use in South Texas during hunting season and on the beach at Bolivar Peninsula in summer.

Now they are refusing to let us drive on the beach, although golf carts driven by 10 year olds appear to be totally legal.

Have you had any experience with these statutes or do you know where we can go for more information? Someone told us we could get a registration license, but someone else said we'd also have to get an inspection sticker which entails expensive anti-pollution devices.

This hardly seems fair at all. We agree the 4-wheelers and dune buggies needed controlling. But no one drives a Kawasaki mule on the dunes. Many of the golf carts are bigger and go as fast if not faster than the mule does.

What's worse, most golf carts we see on the beach are driven by 10± year olds! They careen around our neighborhood at full speed, taking corners on two wheels. I have NEVER seen one of these kids stopped by the sheriff.

How can you so blatantly discriminate against mules when these golf carts are permitted?

Help! We don't want to relocate, but we have an autistic son and that "mule" is his access to the beach. We'll go wherever we can use it. If we're not welcome at Crystal Beach, we'll just find a beach somewhere else.

By Craig Lang @ Tuesday, June 10, 2008 12:03 PM

I spoke with Craig Eiland's office today and Craig Eiland met with Sheriff Leonard and Galveston County District Attorney yesterday and Galveston County is suppose to issue new guidelines for UTV's on the beach this week. Hopefully the new guidelines will allow Mule & Ranger type vehicles on the beach.

By Donnie @ Tuesday, June 10, 2008 4:46 PM

Sounds promising. I hope my ticket will also be resolved.

By mlmoreau @ Wednesday, June 11, 2008 6:29 PM

Don't count on it. The downward "line of communication" from the top, to the deputy's is spotty and unreliable at best! Don't expect any relief.

This UTV, ATV etc discussion of the problem has been going on since last year. Interested citizens, Board members of the chamber, our State Rep., and our Galveston Co. Officials have weighed in on the issue favorably, with a lot of rhetoric, promises, and BS. Cleary, the majority of these post's appears to weigh heavily toward abolishing this obnocious law. Has anything been accomplished? NOPE.

Again, I am 65 years old. My wife of 40 years, we should be able to drive our Polaris Ranger on the beach! I refuse to "register, license, etc". This only forces me to pay all the tax's associated with licensing a vehicle. We are already excessivly taxed!

The author of this ridicolous law ban appears to claim "Oh, that's not what I meant". It seems that our state legislators, as well as federal, feel that they MUST introduce legislation (needed or not) to "make their mark". Would'nt it be refreshing to see a newly elected congressmen introduce legislation to "abolish exising stupid, feel good legislation?"

Mike Moreau
409 457-3391
mlmoreau2003@yahoo.com
We retired here. Thinking twiice about it now

By Neil Jones @ Monday, June 30, 2008 7:42 AM

All,

The following is an extract from the letter given to me by the Galveston County Sherriff’s Deputy Sgt. Mark McGaffey on June 28, 2008. Read carefully. I am under the opinion that this changes nothing. It is a simple reiterated opinion of the Kurt Sistrunk, another attorney within the Galveston County District Attorney’s office. The truth will come out as we take these cases to court with a jury. We must not accept a dismissal but instead create the case law and matter of record to get the matter resolved. The facts are correctly stated but the conclusion as to the exclusion for calling these vehicles an ATV is incorrect.

Anyone receiving a citation from the Galveston County Sherriff’s department, please contact me at nj77095@yahoo.com. Again, I’m not a practicing attorney but I want to know so we can help and support you. Extract is listed below.

KURT SISTRUNK
CRIMINAL DISTRICT ATTORNEY
GALYESTON COUNTY
6W 59" STREET, SUITE 1001
CALVESTON, TEXAS 77550
JOEL BENNETT
Fin1 Asistan1
KATHLEEN MARX-SHARP
Grand Jury Chief
CAROLYN ADKINS
Chicf Investigator
ZONlA SMITH
Chicf Administrator
June 23,2008

Sheriff Gean Leonard
Galveston County Sheriffs Office
Galveston, Texas

RE: All-Terrain Vehicles Operated on the Beaches of Galveston County

Dear Sheriff Leonard:

Your office has requested our review of the applicable law related to the operation of golf carts and Utility Terrain Vehicles on the beaches of Galveston County. In doing so, we first looked to the definition of an All-Terrain Vehicle found in the Transportation Code at Section 663.001, wherein an ATV is defined as one that
(a) Is equipped with a saddle for the use of the rider;
(b) Designed to propel itself with three or four tires in contact with the ground;
(c) Designed by the manufacturer for off-highway use by the operator only; and
(d) Not designed by the manufacturer for farming or lawn care.

We next looked to the definition of an All-Terrain Vehicle found in the Traffic Code at Section 502.001, wherein an ATV is defined as one that is
(a) Equipped with a saddle; bench or bucket seats for the use of the rider and a passenger, if the motor vehicle is designed by the manufacturer to transport a passenger;
(b) Designed to propel itself with three or more tires in contact with the ground;
(c) Designed by the manufacturer for off-highway use; and
(d) Not designed by the manufacturer primarily for farming or lawn care.
Concerning the legal operation of an All-Terrain Vehicle, we looked to the Transportation Code, Section 663.037, wherein it is stated that;
(a) A person may not operate an all-terrain vehicle on a public street, road, or highway except as provided in this section.. . .followed by the noted exceptions.

I am aware of Chairman Hilderbran's letter stating that his intent in HB 3849 was to not completely prohibit the use of the Utility-Terrain Vehicles on public beaches, but by definition, the four (4) wheeled Utility-Terrain Vehicles are All-Terrain Vehicles, and by statute their operation is therefore limited to the noted exceptions. I think it is also significant to note that in the Bill Analysis of HB 3849, it is also acknowledged that this Bill was enacted to provide that the Texas Parks and Wildlife Department be the
sole issuer of the "off-highway vehicle registration certificates" for these vehicles.

The Texas Department of Public Safety memorandum from February 5,2007 is not law; it is simply a statement describing TXDOT's decision to provide for the registration of Utility-Terrain Vehicles as "golf carts" as long as there is an accompanying affidavit for a Certificate of Title as a "Slow Moving Vehicle". Given that the statutory definition of a "golf cart" means a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course, the registration as a "golf cart" of a Utility-Terrain
Vehicle, which by statute is an All-Terrain Vehicle, does not impact the applicable law regarding its operation on a public street, road or highway.

In conclusion, based on all of the aforementioned statutes, previously discussed public safety concerns, and in conjunction and consideration of the Bill Analysis of HB 3849, wherein the Utility-Terrain Vehicles are recognized as an "off-highway vehicle", I am of the opinion that until such time as the applicable definition of an All-Terrain Vehicle is amended or other legislation is enacted that supersedes the current law, the Utility-Terrain Vehicles are in violation of the law if they are operated on a public street, road, or highway in any manner excluding the noted exceptions.

Should you have any other questions or concerns please do not hesitate to call.

Respectfully,
Kurt Sistrunk

By FRANK MCARTHUR @ Friday, August 14, 2009 7:14 AM

After much talk with other utv riders, we have decided to boycot the Boliver area and will also place signs and place letters on windshilds on autos to let people now of our actions. The government actions on utv's is very unfair. We all enjoy going to the beach and camping out with our family. We like to spend our money in your stores, but your passing a law that keeps utv,s off the beach while 4x4 trucks and cars do things I would never dream of in a utv is dumb. I hope you enjoy not having us around. AND JUST A NOTE. MANY OF US CAME DOWN AFTER IKE AND HELPED OUT WHERE TRUCKS COULD NOT GO. THANKS FOR NOTHING. Polaris Ranger owner.

By Neil Jones @ Sunday, August 30, 2009 9:05 PM

All,

I'd like to thank everyone who call your representative, signed my petition, and called your representative again and again and again! I'd also like to thank Rep. Craig Eiland and his staff, especially Amanda Hudgens for their efforts in getting this matter resolved. Without all of you we would have spent another years fighting this one. Again, thank you Amanda for keeping me posted and for helping us push this matter to a resolution! All of your assistance is greatly appreciated. Welcome back to the beach UTVs / ROVs. New law goes into effect 9/1/09. ROVs Recreational Off-road Vehicles now have the same rights as a golf cart on the beach. Here's a link to the new legislation that passed and goes into effect 9/1/09. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB02553I.pdf

By Neil Jones @ Sunday, August 30, 2009 9:12 PM

All,

Please let everyone know that the motor vehicle laws apply to these vehicles as well as golf carts. Open container, DUI, if you have seat belts wear them and you must have a driver’s license. No more under age kids can goes flying down the beach! Obey the speed limit. Many of our ROVs will go 40 to 50 MPH. The speed limit on the beach is 15 MPH. Please don't give anyone a reason to complain about us and start another movement to get these off the beach. Enjoy a nice comfortable ride in your ROV. I know I will, starting September 1st.

Best Regards!
Again, thank you Craig Eiland and his staff!

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