1-1 By: Black (Senate Sponsor - Sibley) H.B. No. 1896 1-2 (In the Senate - Received from the House May 11, 1993; 1-3 May 12, 1993, read first time and referred to Committee on State 1-4 Affairs; May 21, 1993, reported favorably by the following vote: 1-5 Yeas 7, Nays 0; May 21, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Harris of Dallas x 1-9 Rosson x 1-10 Carriker x 1-11 Henderson x 1-12 Leedom x 1-13 Lucio x 1-14 Luna x 1-15 Nelson x 1-16 Patterson x 1-17 Shelley x 1-18 Sibley x 1-19 West x 1-20 Whitmire x 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to the authority of the Texas Transportation Commission to 1-24 provide for agreements with other states for the issuance of 1-25 permits to operate or transport certain vehicles on highways in 1-26 this state. 1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-28 SECTION 1. DEFINITIONS. In this Act: 1-29 (1) "Commission" means the Texas Transportation 1-30 Commission. 1-31 (2) "Department" means the Texas Department of 1-32 Transportation. 1-33 (3) "Director" means the executive director of the 1-34 Texas Department of Transportation. 1-35 (4) "Permit" means: 1-36 (A) a permit issued by the department to the 1-37 owner or operator of a vehicle or combination of vehicles that 1-38 authorizes the operation or transportation on a highway in this 1-39 state of a vehicle or combination of vehicles that exceeds the 1-40 weight or size limits allowed by this state; or 1-41 (B) a permit issued by the proper authority in 1-42 another state to the owner or operator of a vehicle or combination 1-43 of vehicles that authorizes the operation or transportation on a 1-44 highway of that state of a vehicle or combination of vehicles that 1-45 exceeds the weight or size limits allowed by that state. 1-46 SECTION 2. AGREEMENTS WITH OTHER JURISDICTIONS. The 1-47 commission by rule may authorize the director to enter into an 1-48 agreement with the proper authority of another state that 1-49 authorizes that authority to issue a permit on behalf of the 1-50 department and authorizes the department to issue a permit on 1-51 behalf of the proper authority of the other state. 1-52 SECTION 3. RULES OF DEPARTMENT. The department may adopt 1-53 rules to administer this Act. 1-54 SECTION 4. PERMIT FEES. (a) Permit fees collected by the 1-55 department for another state under an agreement with another state 1-56 under this Act shall be remitted to the state treasurer for deposit 1-57 to the credit of an account in the general revenue fund to be known 1-58 as the permit distributive account. 1-59 (b) The state treasurer shall distribute money in the 1-60 account only to the proper authorities of other states and only as 1-61 directed by the department. 1-62 SECTION 5. ADMINISTRATIVE FEES. (a) The department by rule 1-63 may establish fees for the administration of this Act. 1-64 (b) Administrative fees authorized by Subsection (a) of this 1-65 section may not exceed the amount that is sufficient, when added to 1-66 the other fees collected by the department, to recover the actual 1-67 cost to the department of administering this Act. 1-68 (c) Administrative fees collected by the department under 2-1 this section shall be remitted to the state treasurer for deposit 2-2 in the state highway fund and may be appropriated only to the 2-3 department for the administration of this Act. 2-4 SECTION 6. VALIDITY OF PERMIT ISSUED BY PROPER AUTHORITY IN 2-5 ANOTHER STATE. (a) A permit issued by the proper authority in 2-6 another state under an agreement entered into by the director and 2-7 that authority under this Act has the same validity in this state 2-8 as a permit issued by the department. 2-9 (b) The holder of a permit issued by the proper authority in 2-10 another state under this Act is subject to all applicable laws of 2-11 this state and all applicable rules of the department. 2-12 SECTION 7. EFFECTIVE DATE. This Act takes effect September 2-13 1, 1993. 2-14 SECTION 8. EMERGENCY. The importance of this legislation 2-15 and the crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended. 2-19 * * * * * 2-20 Austin, 2-21 Texas 2-22 May 21, 1993 2-23 Hon. Bob Bullock 2-24 President of the Senate 2-25 Sir: 2-26 We, your Committee on State Affairs to which was referred H.B. 2-27 No. 1896, have had the same under consideration, and I am 2-28 instructed to report it back to the Senate with the recommendation 2-29 that it do pass and be printed. 2-30 Rosson, 2-31 Vice-Chairman 2-32 * * * * * 2-33 WITNESSES 2-34 FOR AGAINST ON 2-35 ___________________________________________________________________ 2-36 Name: Gary Trietsch x 2-37 Representing: Texas Dept of Transportation 2-38 City: Austin 2-39 ------------------------------------------------------------------- 2-40 Name: Karen Johnson x 2-41 Representing: Tx Good Roads Assoc. 2-42 City: Austin 2-43 ------------------------------------------------------------------- 2-44 Name: Hampton Rogers x 2-45 Representing: Tx Motor Transportation Assn. 2-46 City: Austin 2-47 -------------------------------------------------------------------