A person who operates an off-highway vehicle on a public highway pursuant to Texas Transportation Code §551A.057 or §551A.058 must have a warning flag mounted on the rear of the vehicle that meets the following standards:
  (1) the warning flag must be comprised of a fluorescent-orange-colored, triangular-shaped flag, a staff or pole, and a mounting apparatus;
  (2) the flag must measure not less than 7.5 inches nor more than 10 inches across the base and not less than 16 inches nor more than 24 inches from the base to the point of the triangle and must be constructed of a coated fabric or other material sufficient to render it resistant to deterioration by the elements;
  (3) the staff or pole must measure not less than 8 feet nor more than 9 feet from the mounting surface to the tip, must be not less than 1/4 inch nor more than 1/2 inch in diameter, and must be constructed of a material or in such a manner as to allow it to flex or bend as much as 45 degrees without breaking and return to a vertical position; and
  (4) the mounting apparatus must be sufficient to attach it securely at the base to the rear area of the vehicle and in an upright position.

Source Note: The provisions of this §99.100 adopted to be effective September 1, 2020, 45 TexReg 6095