One of the most complicated and controversial issues to hit Port O’Connor in years is about to be resolved. Thanks to State Representative Todd Hunter, his aide, Caleb McGee, Commissioner Pct. 4, Kenny Finster and Chief Deputy Mark Daigle, House Bill 2790 was written, introduced and passed by the Texas House of Representatives (144 to 0). It is now in the Texas senate. The bill can be followed by logging on to www.capitol.state.us then click on legislation, type in the bill number and the status of the bill can be viewed.

A very informative article appeared in the Port Lavaca Wave on April 27, 2011. The article was written by DD Turner. With permission from Ms. Turner and Wave editor, Tania French, for those who may have missed it, the article appears below.

Bill Moving Through The Process
Calhoun County-specific legislation would allow golf carts in unincorporated areas

A bill working its way through the Texas Legislature would give Calhoun County the ability to pass an ordinance allowing golf carts in unincorporated areas of the county.

Previously, residents were able to register a golf cart with the Texas Department of Transportation that would allow it to be operated on a roadway. Two years ago, TXDOT decided to no longer register golf carts and the law reverted back to where a golf cart could only be driven in a gated community, on the beach or on a golf course.

However, incorporated cities had the ability to pass an ordinance to allow golf carts to be driven on the streets if they were registered, had a license plate, lights and were driven only where the posted speed limit is 25 miles per hour or under.

“In Calhoun County, the only city that has passed such an ordinance is Seadrift,” said Calhoun County Sheriff’s Chief Deputy Mark Daigle. “And that’s when the war began,” said Daigle, who helped write the bill with State Representative Todd Hunter.

Residents of Port O’Connor, an unincorporated town, were unhappy about not being able to drive their golf carts. In addition, if caught they were given warnings or citations.

“I can’t just look the other way. The issue got to a point where it was getting a little rough.” About what was described to Daigle as trivial law, he responded, “ If I am not stringent on what is consider a trivial law, how stringent would I be on more serious violations such as, burglary, robbery or theft? I took an oath of office to enforce all laws of this State and not be discretionary.” Daigle then said “if the golf carts are on a public roadway, they are in violation of the law and can be cited.”

In 2010, sheriff’s deputies made 96 stops and only two stops have been made in 2011 as of March.

May of 2010: 19 stops were made, two citations issued.
June 2010: 13, stops with, no citations
July 2010: 45 stops with 42 warnings and two citations
August 2010: Eight stops, six warnings and two citations issued.
September 2010: One stop, one warning issued.
November 2010: One stop, one warning issued.
December 2010 : No stops
January through February 2011: No stops
March 2011: Two stops, two warnings issued

“They were more informative than anything” said Daigle. “One of the things I told people was that if you didn’t like the law you have the Constitutional right to petition your local legislator for a law to remedy the situation and I will support you. I will go and testify, help write the bill.”

And that’s what happened. Daigle said Hunter decided to sponsor the bill and he worked with Caleb McGee, legislative assistant to Hunter, to craft the bill.

“It was presented to the Transportation committee and voted out and then to the Senate committee. It has passed the house” said Daigle who recently went to Austin and testified to the Transportation Committee on behalf of the bill.

“It’s going through the process and has passed out of committee. Mark Daigle spoke in support of the bill and it is looking positive,” said McGee.

The bill would give Calhoun County Commissioners’ Court the authority to pass an ordinance allowing the golf carts and is something that can only be granted by the Legislature.

“This bill is not for all 254 counties, it is exclusive to Calhoun County” said Daigle. “After we get out of the House, it goes to the Senate, where they can change the language, add to it, make it more, or less stringent. Then it goes to the Senate floor for a vote and on to the governor . “It’s a long process.”

If passed, it will then be up to the Calhoun County commissioners to take up the process. Daigle said he has been asked to work on the ordinance by the commissioners, putting together the language, the requirements such requiring a licensed driver, rules of the road, where they can be ridden, safety items such as headlights, taillights, inspections and such.

He did point out that drivers who drink and drive a golf cart can still be given a DWI and that the county issued one last year. “We want to make this a safe act.” He said.

“ Also being considered is a yearly registration fee, the funds of which would be used to help volunteer agencies,” said Daigle.

Note: Just as a reminder, at the time this issue of the Dolphin goes to press, it is STILL against the law to operate a golf cart on a public roadway in our area. If a citation is issued, it is a class “C” misdemeanor and the fine for the offense in Port O’Connor is $165.00. If a person considers himself/herself a “law abiding” citizen he/she should remain patient and let the proposed changes continue through the proper legislative process.

The Dolphin would like to thank DD Turner and the Port Lavaca Wave for the very informative and accurate information in the above article. As we all know, the golf cart issue has been very confusing and at times a very heated subject. Port O’Connor and other coastal communities have grown tremendously in the last few years. With growth and population increase, safety issues increase as well. The goal of county and state law enforcement and our local elected officials is to ensure our residents and visitors have a safe environment in which to live, work and play.