Do you need a driver's license to drive a golf cart on a public road in Texas?

Plain-English summary

The Montgomery County District Attorney, Brett Ligon, and County Attorney B.D. Griffin asked a simple question that local and state officials had been answering inconsistently: does a person need a driver's license to drive a golf cart on a public road when sections 551.403 and 551.404 of the Transportation Code allow golf carts on that road? Those two sections list where a golf cart may be driven (master-planned communities, certain beaches, and highways with a speed limit of 35 miles per hour or less, plus roads a city or county has approved), but they say nothing about a license.

The AG worked through the rest of the Transportation Code. Section 521.021 says a person may not operate a "motor vehicle" on a highway in this state unless the person holds a driver's license. Chapter 521 borrows the definition of "motor vehicle" from the rules-of-the-road subtitle, which defines it broadly to include "a self-propelled vehicle," and defines "highway or street" as any publicly maintained way open to the public for vehicular travel. A golf cart, defined as "a motor vehicle designed by the manufacturer primarily for use on a golf course," fits the "motor vehicle" definition. So the license requirement reaches a golf cart driven on a public road.

The AG then pointed out that the Legislature knows how to exempt golf carts from a general rule when it wants to. Golf carts are exempt from registration, from most equipment requirements, and (when operated under section 551.403) from the financial-responsibility requirement. But there is no exemption from the section 521.021 license requirement. Quoting the rule that a court "may not write special exceptions into a statute," the AG advised that the absence of a license exemption was intentional. The conclusion: a driver's license is required to operate a golf cart on a publicly maintained road open to vehicular traffic under sections 551.403 and 551.404. A footnote added that, for drivers under 17, section 729.002 separately bars operating a motor vehicle without a license on a public road, street, or beach.

What this means for you

This describes what the 2021 opinion holds. Traffic statutes change, and a city or county can adopt or repeal local golf-cart rules, so confirm current state law and any local ordinance before relying on this.

Golf-cart drivers and HOA/master-planned communities

The opinion holds that a valid driver's license is required to drive a golf cart on a publicly maintained road, even inside a master-planned community or on the limited 35-mph roads where the Code allows golf carts. The license exemptions golf carts enjoy cover registration, equipment, and some insurance rules, not the license to drive.

Law enforcement and prosecutors

The opinion gives a clear answer to the conflicting local guidance the request described: section 521.021 applies to golf carts on public roads, so the license requirement can be enforced like it is for other motor vehicles.

Cities and counties

The opinion notes that a city or county may authorize golf-cart use on qualifying roads under section 551.404, and may also prohibit it for public safety under section 551.4031, but neither power changes the state driver's license requirement.

Common questions

Q: Do I need a driver's license to drive a golf cart on a neighborhood street in Texas?
A: Under this opinion, yes, if the street is a publicly maintained road open to vehicular travel. The license requirement in section 521.021 applies to golf carts the same as to other motor vehicles.

Q: Golf carts don't need registration or insurance in some cases, so why a license?
A: The AG's point is exactly that the Legislature exempted golf carts from registration, most equipment rules, and (under section 551.403) the financial-responsibility rule, but it did not exempt them from the license requirement. The license rule still applies.

Q: Can a teenager drive a golf cart on a public road?
A: A footnote in the opinion notes that section 729.002 prohibits anyone under 17 from operating a motor vehicle without a driver's license on a public road, street in a municipality, or public beach, and a golf cart is a motor vehicle.

Q: Does this apply on a golf course or private property?
A: The opinion is about operating a golf cart on a publicly maintained way open to the public for vehicular travel. It does not address purely private property or a golf course not open to public vehicular travel.

Background and statutory framework

Title 7 of the Transportation Code regulates vehicle operation, including driver's license requirements in subtitle B and rules of the road in subtitle C. Section 521.021 requires a license to operate a motor vehicle on a highway, drawing its definitions from subtitle C: "motor vehicle" includes a self-propelled vehicle (section 541.201(11)) and "highway or street" is a publicly maintained way open to vehicular travel (section 541.302(5)). Subchapter F of chapter 551 governs golf carts, defining a golf cart (section 551.401) and authorizing operation in limited locations (sections 551.403 and 551.404), subject to local prohibition for safety (section 551.4031). The Legislature separately exempted golf carts from registration (section 551.402(a)), most equipment rules (section 547.002(7), with exceptions in sections 547.703(d) and 551.4041), and the financial-responsibility requirement when operated under section 551.403 (section 601.052(a)(2-a)). No comparable exemption exists for the license requirement, and section 729.002 addresses unlicensed minors.

Citations and references

Statutes:

• Tex. Transp. Code § 521.021 (driver's license required); §§ 541.201, 541.302 (definitions)
• Tex. Transp. Code §§ 551.401–.404 (golf carts), § 551.4031; § 729.002 (unlicensed minors)

Key cases:

• Hicks v. State, 18 S.W.3d 743 (Tex. App.—San Antonio 2000, no pet.) (Texas requires a valid license to operate motor vehicles on state roads)
• Pub. Util. Comm'n v. Cofer, 754 S.W.2d 121 (Tex. 1988) (a court may not write special exceptions into a statute)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/ken-paxton/kp-0364
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2021/kp-0364.pdf

Original opinion text

KEN PAXTON
ATTORNEY GENERAL OF TEXAS

April 5, 2021

The Honorable Brett W. Ligon
Montgomery County District Attorney
207 West Phillips, 2nd Floor
Conroe, Texas 77301

The Honorable B.D. Griffin
Montgomery County Attorney
501 North Thompson, Suite 300
Conroe, Texas 77301

Opinion No. KP-0364

Re: Whether a driver's license is required to operate a golf cart on a publicly maintained road, as authorized by sections 551.403 and 551.404 of the Transportation Code (RQ-0381-KP)

Dear Mr. Ligon and Mr. Griffin:

You ask whether a person must hold a driver's license to operate a golf cart on a publicly maintained road, as authorized by sections 551.403 and 551.404 of the Transportation Code.¹ You tell us that local and state officials have expressed conflicting opinions about the necessity of a driver's license to operate a golf cart on public streets as authorized in these statutes. Request Letter at 2. Sections 551.403 and 551.404 authorize the operation of golf carts on certain highways and other locations, but they do not address the necessity of a driver's license to do so. See TEX. TRANSP. CODE §§ 551.403, .404.

Title 7 of the Transportation Code regulates different aspects of the operation of vehicles, such as vehicle registration (subtitle A), driver's license requirements (subtitle B), rules of the road (subtitle C), financial responsibility (subtitle D), and other matters. See id. §§ 501.001–1006.155 (Title 7). Within subtitle B, section 521.021 provides that "[a] person, other than a person expressly exempted under this chapter [521], may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter." Id. § 521.021. Chapter 521 borrows definitions for some of its terms from subtitle C. See id. § 521.001(b) ("A word or phrase that is not defined by this chapter but is defined by Subtitle C has the meaning in this chapter that is assigned by that subtitle."). In subtitle C, a "motor vehicle" is defined to include "a self-propelled vehicle."² Id. § 541.201(11). A "highway or street" is "the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel." Id. § 541.302(5). Thus, section 521.021 requires a driver's license to operate a self-propelled vehicle on a publicly maintained way open to the public for vehicular travel. Id. §§ 521.021, 541.201(11), 541.302(5); see also Hicks v. State, 18 S.W.3d 743, 744 (Tex. App.—San Antonio 2000, no pet.) ("It is well established the State of Texas can and does require a valid driver's license for all persons operating motor vehicles on the roads of the State.").

Subtitle C, "Rules of the Road," specifically regulates the operation of golf carts in chapter 551, subchapter F. Chapter 551 defines "golf cart" as "a motor vehicle designed by the manufacturer primarily for use on a golf course." TEX. TRANSP. CODE § 551.401 (emphasis added). Section 551.403 authorizes operation of golf carts in certain locations:

An operator may operate a golf cart:

(1) in a master planned community:

(A) that has in place a uniform set of restrictive covenants; and

(B) for which a county or municipality has approved a plat;

(2) on a public or private beach that is open to vehicular traffic; or

(3) on a highway for which the posted speed limit is not more than 35 miles per hour, if the golf cart is operated:

(A) during the daytime; and

(B) not more than two miles from the location where the golf cart is usually parked and for transportation to or from a golf course.

Id. § 551.403; see generally Tex. Att'y Gen. Op. No. GA-0966 (2012) (discussing requirements of the statute). Additionally, municipalities and counties in some parts of the State may authorize the operation of a golf cart on certain highways:

(a) In addition to the operation authorized by Section 551.403, the governing body of a municipality may allow an operator to operate a golf cart on all or part of a highway that:

(1) is in the corporate boundaries of the municipality; and

(2) has a posted speed limit of not more than 35 miles per hour.

(b) In addition to the operation authorized by Section 551.403, the commissioners court of a county [as described] may allow an operator to operate a golf cart on all or part of a highway that:

(1) is located in the unincorporated area of the county; and

(2) has a speed limit of not more than 35 miles per hour.

TEX. TRANSP. CODE § 551.404(a), (b); but see id. § 551.4031 (authorizing a municipality, county, or the Department of Transportation to prohibit the operation of a golf cart under section 551.404 if necessary for public safety).³

The Legislature exempts the operation of golf carts under chapter 551 from some generally applicable statutes. For example, golf carts are exempted from registration requirements. Id. § 551.402(a). They are subject to their own license plate requirements. See id. § 551.402(b), (c). Golf carts are generally exempt from the usual vehicle equipment requirements. See id. § 547.002(7); but see id. §§ 547.703(d) (additional equipment required for golf carts and other slow-moving vehicles), 551.4041 (equipment for golf carts operating under section 551.404). Section 601.051 of the Motor Vehicle Responsibility Act does not apply to "a golf cart that is operated only as authorized by Section 551.403." Id. § 601.052(a)(2-a); see also id. § 601.051 (generally requiring a motor vehicle insurance policy or other specified proof of financial responsibility to operate a motor vehicle).

No statute exempts the operator of a golf cart under chapter 551 from the license-holding requirement of section 521.021.⁴ We must assume that the lack of an exemption was intentional. "A court may not write special exceptions into a statute so as to make it inapplicable under certain circumstances not mentioned in the statute." Pub. Util. Comm'n v. Cofer, 754 S.W.2d 121, 124 (Tex. 1988). Thus, section 521.021 of the Transportation Code requires a person to hold a driver's license to operate a golf cart on a publicly maintained way open to the public for vehicular traffic as authorized by sections 551.403 and 551.404 of the Code.

¹ See Letter from Honorable Brett W. Ligon, Montgomery Cnty. Dist. Att'y, and Honorable B.D. Griffin, Montgomery Cnty. Att'y, to Honorable Ken Paxton, Tex. Att'y Gen. at 1 (Sept. 10, 2020), https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2020/pdf/RQ0381KP.pdf ("Request Letter").

² This definition of "motor vehicle" expressly excludes electric bicycles or a specific type of electric personal assistive mobility device but not other types of vehicles such as golf carts. See TEX. TRANSP. CODE § 541.201(11).

³ Montgomery County is not among the counties authorized to allow an operator to operate a golf cart under subsection 551.404(b), and we find no Montgomery County ordinances relating to the operation of golf carts.

⁴ Specific to minors, section 729.002 prohibits a person younger than 17 years of age from "operat[ing] a motor vehicle without a driver's license authorizing the operation of a motor vehicle on a: (1) public road or highway; (2) street or alley in a municipality; or (3) public beach as defined by Section 729.001." TEX. TRANSP. CODE § 729.002(a) (emphasis added). As "golf cart" is defined as "a motor vehicle designed by the manufacturer primarily for use on a golf course," the prohibition applies to the operation of a golf cart on a public road or highway. Id. § 551.401 (emphasis added).

S U M M A R Y

Section 521.021 of the Transportation Code prohibits a person, unless expressly exempted, from operating a motor vehicle on a publicly maintained way any part of which is open to the public for vehicular travel unless the person holds a driver's license. Sections 551.403 and 551.404 of the Code, which authorize a person to operate a golf cart in certain locations, do not exempt such persons from the driver's license-holding requirement of section 521.021.

Very truly yours,

KEN PAXTON
Attorney General of Texas

BRENT E. WEBSTER
First Assistant Attorney General

LESLEY FRENCH
Chief of Staff

MURTAZA F. SUTARWALLA
Deputy Attorney General for Legal Counsel

VIRGINIA K. HOELSCHER
Chair, Opinion Committee

WILLIAM A. HILL
Assistant Attorney General, Opinion Committee