By: armbrister S.B. No. 483
73R3971 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a permit for overweight vehicles on county roads.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 2, Chapter 42, General
1-5 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
1-6 (Article 6701d-11, Vernon's Texas Civil Statutes), is amended to
1-7 read as follows:
1-8 (b)(1) The Commissioners Courts through the County Judges of
1-9 the several counties of this State may issue permits limited to
1-10 periods of ninety (90) days or less for the transportation over
1-11 highways of their respective counties other than State highways and
1-12 public roads within the boundaries of an incorporated municipality,
1-13 overweight or oversize or overlength commodities which cannot be
1-14 reasonably dismantled, or for the operation over these highways of
1-15 superheavy or oversize equipment for the transportation of oversize
1-16 or overweight or overlength commodities which cannot be reasonably
1-17 dismantled, or for the operation over these highways of vehicles or
1-18 combinations of vehicles that exceed the weights authorized under
1-19 Section 5 or Section 5-1/2 of this Act. A commissioners court that
1-20 issues <If a vehicle has> a permit <issued> under this subsection
1-21 may charge a fee not to exceed $50 for the permit, <Section 5B of
1-22 this Act, a commissioners court may not issue a permit under this
1-23 subsection, charge any additional fee for, or otherwise> regulate
1-24 or restrict the operation of the vehicle with a gross weight or
2-1 axle weight that exceeds the weights authorized by Section 5 or
2-2 Section 5-1/2 of this Act, or require the owner or operator to
2-3 execute or comply with a road use agreement or indemnity agreement,
2-4 to make any filings or applications, or to provide a bond or letter
2-5 of credit in an amount determined by the commissioners court <other
2-6 than the bond or letter of credit provided for in Section 5B.>
2-7 <(2) Not later than the 14th day after the date a
2-8 person receives a permit under Section 5B of this Act, the person
2-9 shall notify by certified or registered mail, return receipt
2-10 requested, the county clerk of each county in which the person
2-11 intends to operate or cause to be operated the vehicle. The
2-12 notification must include:>
2-13 <(A) the name and address of the registered
2-14 owner or operator of the vehicle;>
2-15 <(B) the vehicle identification number and
2-16 license plate number of the vehicle;>
2-17 <(C) a statement that the person intends to
2-18 operate or cause to be operated the vehicle on, over, or across the
2-19 county roads, bridges, and culverts with a gross weight, axle
2-20 weight, or wheel load that exceeds the limitations established
2-21 under Section 5 or Section 5-1/2 of this Act; and>
2-22 <(D) a statement that the notification is given
2-23 pursuant to this subsection.>
2-24 <(3) A copy of the permit issued and bond or letter of
2-25 credit required under Section 5B of this Act shall accompany the
2-26 notification required under Subdivision (2) of this subsection.>
2-27 <(4) The notification under Subdivision (2) of this
3-1 subsection may be given by an officer of a corporation or by a
3-2 general partner in a partnership.>
3-3 <(5) The owner or operator of a vehicle that has a
3-4 permit issued under Section 5B of this Act, who has filed the bond
3-5 or letter of credit required under Section 5B of this Act, and who
3-6 has filed the notification required by this subsection is liable to
3-7 the county only for the actual damages to the county roads,
3-8 bridges, or culverts with load limitations established under
3-9 Section 5 or Section 5 1/2 of this Act caused by the operation of
3-10 the vehicle in excess of those limitations. If a County Judge,
3-11 County Commissioner, County Road Supervisor, or County Traffic
3-12 Officer requires such vehicle to travel over a designated route, it
3-13 shall be presumed that such designated route, including any bridges
3-14 or culverts located thereon, is of sufficient strength and design
3-15 to carry and withstand the weight of the vehicle traveling over
3-16 such designated route.>
3-17 <(6) The liability of an owner or operator for damage
3-18 to county roads shall not be limited to the amount of the bond or
3-19 letter of credit required under Section 5B. A county may recover
3-20 on the bond or letter of credit only by a suit against the owner or
3-21 operator of the vehicle and the issuer of the bond or letter of
3-22 credit filed in district court. Venue for a suit brought by a
3-23 county to recover on the bond or letter of credit is in district
3-24 court in the county in which the defendant resides, except that if
3-25 the defendant is a corporation or partnership, venue is in the
3-26 county in which the defendant has its principal place of business
3-27 in this state. If a corporation or partnership does not have a
4-1 principal place of business in this state, venue is in district
4-2 court in the county in which the damage occurred>.
4-3 (2) <(7)> A County Judge may<, in the same manner
4-4 provided by Subdivision (1) of this section,> issue an annual
4-5 permit to a dealer in implements of husbandry to allow the dealer
4-6 to use vehicles that exceed the width limitations in this Act and
4-7 are not exempt under Subdivision (5) of Subsection (a) of Section 3
4-8 of this Act to transport the implements on the highways. A County
4-9 Judge may exercise authority independently of the Commissioners
4-10 Court until the Commissioners Court takes action on each request.
4-11 SECTION 2. Subsections (a) and (e), Section 5B, Chapter 42,
4-12 General Laws, Acts of the 41st Legislature, 2nd Called Session,
4-13 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), are amended
4-14 to read as follows:
4-15 (a) The department shall issue permits as provided by this
4-16 section allowing a commercial motor vehicle, truck tractor,
4-17 trailer, semitrailer, or combination of those vehicles to operate
4-18 on a road or highway in the state highway system with a gross
4-19 weight or axle weight that exceeds the allowable gross or axle
4-20 weight for the vehicle.
4-21 (e) The permit is valid for one year and must be carried in
4-22 the vehicle. The fee for the permit is $75. <The state treasurer
4-23 shall remit $50 of each permit fee to the counties of the state,
4-24 with such amount to be distributed among the various counties based
4-25 on the ratio of the total number of miles of county roads
4-26 maintained by a county to the total number of miles of county roads
4-27 maintained by all of the counties of this state. The state
5-1 treasurer shall remit the sums due each county under this
5-2 subsection to the county treasurer or officer performing the
5-3 function of that office of the county at least twice in each fiscal
5-4 year. The county treasurer or officer shall deposit such amounts
5-5 in the county depository of his county to the credit of the County
5-6 Road and Bridge Fund.>
5-7 SECTION 3. The change in law made by this Act applies only
5-8 to a permit issued on or after the effective date of this Act. A
5-9 permit issued before the effective date of this Act is governed by
5-10 the law in effect when the permit was issued, and the former law is
5-11 continued in effect for that purpose.
5-12 SECTION 4. This Act takes effect September 1, 1993.
5-13 SECTION 5. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.