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A BILL TO BE ENTITLED
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AN ACT
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relating to oversize and overweight vehicle permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 1201.161(c), (d), and (e), Occupations |
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Code, are amended to read as follows: |
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(c) The Texas Department of Motor Vehicles shall provide to |
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[send] the department monthly[: |
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[(1) a copy of each permit issued in the preceding |
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month for the movement of manufactured housing on the highways; or |
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[(2)] a list of the permits issued in the preceding |
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month and the information on the permits. |
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(d) Unless the information provided for in Subsection (c) is |
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provided electronically, the department shall pay the reasonable |
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cost of providing [the copies or] the list and information under |
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Subsection (c). |
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(e) The [copies and] lists to be provided under this section |
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may be provided electronically. |
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SECTION 2. Section 623.0112, Transportation Code, is |
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amended to read as follows: |
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Sec. 623.0112. ADDITIONAL ADMINISTRATIVE FEE. When a |
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person applies for a permit under Section 623.011, the person must |
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pay in addition to other fees an administrative fee adopted by board |
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rule in an amount not to exceed the direct and indirect cost to the |
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department of: |
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(1) issuing a sticker under Section 623.011(d); |
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(2) distributing fees under Section 621.353; and |
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(3) maintaining the list [notifying counties] under |
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Section 623.013. |
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SECTION 3. Section 623.012(b), Transportation Code, is |
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amended to read as follows: |
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(b) The bond or letter of credit must: |
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(1) be in the amount of $15,000 payable to [the Texas |
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Department of Transportation and] the counties of this state; |
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(2) be conditioned that the applicant will pay [the |
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Texas Department of Transportation for any damage to a state |
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highway, and] a county for any damage to a road or bridge of the |
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county[,] caused by the operation of the vehicle: |
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(A) for which the permit is issued at a heavier |
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weight than the maximum weights authorized by Subchapter B of |
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Chapter 621 or Section 621.301 or 623.321; or |
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(B) that is in violation of Section 623.323; and |
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(3) provide that the issuer is to notify the county |
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[Texas Department of Transportation] and the applicant in writing |
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promptly after a payment is made by the issuer on the bond or letter |
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of credit. |
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SECTION 4. Section 623.013, Transportation Code, is amended |
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to read as follows: |
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Sec. 623.013. LIST OF PERMITS ISSUED [DEPARTMENT'S NOTICE |
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TO COUNTY]. (a) The department shall make available on the |
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department's Internet website a searchable and downloadable list by |
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county of each [Not later than the 14th day after the date the |
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department issues a] permit issued under Section 623.011[, the |
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department shall notify the county clerk of each county listed in |
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the application for the permit]. The list [notice] must include the |
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following information for each permit: |
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(1) the name and address of the person for whom the [a] |
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permit was issued; [and] |
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(2) the vehicle identification number and license |
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plate number of the vehicle; |
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(3) the permit number; and |
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(4) the effective date of the permit. |
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(b) On request of a county, the [The] department shall send |
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a copy of the permit and the bond or letter of credit required for |
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the permit to the county [with the notice required by this section]. |
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SECTION 5. Section 623.015, Transportation Code, is amended |
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to read as follows: |
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Sec. 623.015. LIABILITY FOR DAMAGE. (a) The liability of a |
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holder of a permit issued under Section 623.011 for damage to [a |
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state road or highway or] a county road is not limited to the amount |
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of the bond or letter of credit required for the issuance of the |
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permit. |
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(b) The holder of a permit issued under Section 623.011 who |
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has filed the bond or letter of credit required for the permit [and |
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who has filed the notice required by Section 623.013] is liable to |
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the county only for the actual damage to a county road, bridge, or |
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culvert with a load limitation established under Subchapter B of |
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Chapter 621 or Section 621.301 caused by the operation of the |
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vehicle in excess of the limitation. If a county judge, county |
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commissioner, county road supervisor, or county traffic officer |
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requires the vehicle to travel over a designated route, it is |
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presumed that the designated route, including a bridge or culvert |
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on the route, is of sufficient strength and design to carry and |
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withstand the weight of the vehicle traveling over the designated |
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route. |
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SECTION 6. Section 623.016, Transportation Code, is amended |
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to read as follows: |
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Sec. 623.016. RECOVERY ON PERMIT SECURITY. (a) A [The |
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Texas Department of Transportation or a] county may recover on the |
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bond or letter of credit required for a permit issued under Section |
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623.011 only by a suit against the permit holder and the issuer of |
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the bond or letter of credit. |
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(b) [Venue for a suit by the Texas Department of |
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Transportation is in a district court in: |
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[(1) the county in which the defendant resides; |
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[(2) the county in which the defendant has its |
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principal place of business in this state if the defendant is a |
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corporation or partnership; or |
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[(3) Travis County if the defendant is a corporation |
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or partnership that does not have a principal place of business in |
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this state. |
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[(c)] Venue for a suit under this section [by a county] is in |
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district court in: |
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(1) the county in which the defendant resides; |
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(2) the county in which the defendant has its |
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principal place of business in this state; or |
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(3) the county in which the damage occurred. |
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SECTION 7. Section 623.0711(g), Transportation Code, as |
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amended by Chapters 1135 (H.B. 2741) and 1287 (H.B. 2202), Acts of |
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the 83rd Legislature, Regular Session, 2013, is reenacted to read |
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as follows: |
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(g) An application for a permit under this section must be |
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accompanied by the permit fee established by the department, in |
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consultation with the commission, for the permit, not to exceed |
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$9,000. The department shall send each fee to the comptroller, who |
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shall deposit: |
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(1) 90 percent of the fee to the credit of the state |
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highway fund; and |
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(2) 10 percent of the fee to the credit of the Texas |
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Department of Motor Vehicles fund. |
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SECTION 8. Section 623.075, Transportation Code, is amended |
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to read as follows: |
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Sec. 623.075. ADDITIONAL REQUIREMENTS FOR ISSUANCE OF |
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PERMIT [BOND]. (a) Except as provided by Subsection (b), [Before] |
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the department may issue a permit under this subchapter only to an[, |
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the] applicant registered under Chapter 643 [shall file with the |
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department a bond in an amount set by the Texas Department of |
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Transportation, payable to the Texas Department of Transportation, |
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and conditioned that the applicant will pay to the Texas Department |
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of Transportation any damage that might be sustained to the highway |
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because of the operation of the equipment for which a permit is |
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issued]. |
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(b) Subsection (a) [Venue of a suit for recovery on the bond |
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is in Travis County. |
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[(c) This section applies to the delivery of farm equipment |
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to a farm equipment dealer. This section] does not apply to a |
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permit for: |
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(1) the driving or transporting of farm equipment that |
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is being used for an agricultural purpose and is driven or |
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transported by or under the authority of the owner of the equipment; |
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or |
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(2) a vehicle or equipment that is not subject to |
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[operated by a motor carrier registered under] Chapter 643 [or |
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Chapter 645]. |
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(c) Before the department issues a permit under this |
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subchapter for a vehicle or equipment described by Subsection |
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(b)(2), the applicant shall file with the department a bond in an |
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amount set by the Texas Department of Transportation, payable to |
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the Texas Department of Transportation, and conditioned that the |
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applicant will pay to the Texas Department of Transportation any |
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damage that might be sustained to the highway because of the |
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operation of the vehicle or equipment for which a permit is issued. |
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Venue of a suit for recovery on the bond is in Travis County. |
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SECTION 9. Subchapter E, Chapter 623, Transportation Code, |
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is amended by adding Section 623.0975 to read as follows: |
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Sec. 623.0975. LIST OF PERMITS ISSUED. The department |
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shall make available on the department's Internet website a |
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searchable and downloadable list by county of each permit issued |
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under this subchapter. The list must include the following |
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information for each permit: |
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(1) the permit number and issue date of the permit; |
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(2) the name of the person for whom the permit was |
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issued; |
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(3) the length, width, and height of the manufactured |
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house and the towing vehicle in combination; |
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(4) the name of the owner of the house; |
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(5) the model and year of manufacture of the house; |
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(6) the complete identification or serial number, the |
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United States Department of Housing and Urban Development label |
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number, or the state seal number of the house; and |
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(7) the origin county and address and destination |
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county and address of the house. |
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SECTION 10. Section 623.323(b), Transportation Code, is |
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amended to read as follows: |
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(b) Before a vehicle or combination of vehicles for which a |
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permit is issued under this subchapter may be operated on a road |
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maintained by a county or a state highway, the financially |
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responsible party shall execute a notification document and agree |
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to reimburse the county or the state, as applicable, for damage to a |
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road or highway sustained as a consequence of the transportation |
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authorized by the permit. At a minimum, the notification document |
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must include: |
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(1) the name and address of the financially |
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responsible party; |
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(2) a description of each permit issued for the |
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vehicle or combination of vehicles; |
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(3) a description of the method of compliance by the |
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financially responsible party with Section [Sections] 601.051, |
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[and] 623.012, 643.101, or 643.102; |
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(4) the address or location of the geographic area in |
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which the financially responsible party wishes to operate a vehicle |
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or combination of vehicles and a designation of the specific route |
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of travel anticipated by the financially responsible party, |
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including the name or number of each road maintained by a county or |
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state highway; |
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(5) a calendar or schedule of duration that includes |
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the days and hours of operation during which the financially |
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responsible party reasonably anticipates using the county road or |
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state highway identified in Subdivision (4); and |
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(6) a list of each vehicle or combination of vehicles |
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by license plate number or other registration information, and a |
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description of the means by which financial responsibility is |
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established for each vehicle or combination of vehicles if each |
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vehicle or combination of vehicles is not covered by a single |
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insurance policy, surety bond, deposit, or other means of financial |
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assurance. |
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SECTION 11. The following provisions of the Transportation |
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Code are repealed: |
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(1) Section 623.0711(f); and |
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(2) Section 623.093(e). |
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SECTION 12. This Act takes effect September 1, 2021. |
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* * * * * |