1. (a) An off-highway vehicle that is operated on public off-highway vehicle land, a beach, or a highway must be equipped with:

   1. (1) a brake system maintained in good operating condition;
   2. (2) an adequate muffler system in good working condition; and
   3. (3) a United States Forest Service qualified spark arrester.

2. (b) An off-highway vehicle that is operated on public off-highway vehicle land, a beach, or a highway must display a lighted headlight and taillight:

   1. (1) during the period from one-half hour after sunset to one-half hour before sunrise; and
   2. (2) at any time when visibility is reduced because of insufficient light or atmospheric conditions.

3. (c) A person may not operate an off-highway vehicle on public off-highway vehicle land, a beach, or a highway if:

   1. (1) the vehicle has an exhaust system that has been modified with a cutout, bypass, or similar device; or
   2. (2) the spark arrester has been removed or modified, unless the vehicle is being operated in a closed-course competition event.

4. (d) The department or executive director may exempt off-highway vehicles that are participating in certain competitive events from the requirements of this section.

   Transferred, redesignated and amended from Transportation Code, Section 663.033 by Acts 2019, 86th Leg., R.S., Ch. 1233 (H.B. 1548), Sec. 36, eff. June 14, 2019.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Acts 2013, 83rd Leg., R.S., Ch. 895 (H.B. 1044), Sec. 7, eff. September 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 1052 (H.B. 1956), Sec. 16, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 8.023, eff. September 1, 2020.