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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 2612

House Author:  Flynn

Effective:  6-14-13

Senate Sponsor:  Deuell


            Current law authorizes a road supervisor to prohibit the use of a county road under certain conditions. House Bill 2612 amends the Transportation Code to add the condition that an alternative, more suitable road is available within the county at the time and to authorize a road supervisor to restrict the use of a road as an alternative to prohibiting the use of the road. Written notice of a hearing on a complaint regarding such a prohibition or restriction must be given to the road supervisor, the county engineer, and the commissioners court.

            House Bill 2612 authorizes a commissioners court to identify an alternate route to a road and to require certain heavy vehicles to travel the alternate route in order to prevent excessive damage to the road due to the volume of heavy vehicle traffic. Notice of the prohibition must be provided in the same manner as for a prohibition or restriction of a county road. Also, a person required to operate or move a vehicle or other object on such an alternate route is not liable for damage sustained by the road, including a bridge, as a result of the operation or movement of the vehicle or other object, unless the act, error, or omission resulting in the damage constitutes wanton, wilful, and intentional misconduct or gross negligence.