BILL ANALYSIS H.B. 1488 By: Sadler 04-26-95 Committee Report (Unamended) BACKGROUND The operation of vehicles on highways is governed by the Uniform Act Regulating Traffic on Highways (Article 6701d). Article 6701d-11 places limitations on the size and weight of vehicles to be operated or moved on highways, as well as limitations on loads that can be transported on the highways. The Commissioners Courts through the County Judges are authorized to issue special permits for ninety days or less for the transportation of overweight, oversize or overlength over highways, other than state highways and public roads within the boundaries of an incorporated area, when the weights authorized under Section 5 or Section 5½ are exceeded. Under current law, a commissioners court may not issue a permit under this subsection (Sec. 2. (b)(1)) if a vehicle has a permit issued under Section 5B of the Act. PURPOSE As proposed, H.B. 1488 would authorize Commissioners Courts through the County Judges to issue road use agreements or permits for movement of oversize or overweight vehicles on county roads. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Section 2(b)(1), Chapter 42, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), is amended to read as follows: (1) provides that Commissioners Courts through County Judges may issue permits limited to periods of ninety days or less for transportation over highways other than state highways and public roads within boundaries of an incorporated municipality, overweight or oversize or overlength commodities or for operation over these highways of vehicles that exceed the weights authorized under Section 5 or Section 5½ of this Act, or over county roads having weight limits as established by the commissioners court under Section 2.301(b)(2), County Road and Bridge Act (Article 6702-1, Vernon's Texas Civil Statutes). Provides that a commissioners court may require a county permit under this subsection, regardless of whether a 5B permit exists, and may require the owner or operator or the major company the contracts for their services to execute or comply with a road use agreement or indemnity agreement. (a) provides that a county requiring a county permit may not charge a fee for such a permit and may not require a bond or letter of credit if the vehicle is covered under a bond or letter of credit for Section 5B of Act (b) provides that failure of a county to require a bond or letter of credit for a vehicle not covered under Section 5B of Act does not limit the liability of the owner or operator of a vehicle or major company that contracts for their services for damages to county roads and bridges Page 2 Bill Analysis - H.B. 1488 (c) provides that a major company using contracted vehicles may assume liability for the owner or operator of a vehicle through the road use agreement (d) provides that venue for a suit by a county to recover damages is brought in district court in the county where the damages occur when a bond or letter of credit does not exist; deletes prohibition on a commissioners court issuance of a permit under this subsection if a permit is issued under Section 5B, deletes prohibition on an additional fee for a permit, or other regulation or restriction on operation of vehicles with a gross weight or axle weight that exceeds the weights authorized by Section 5 or Section 5½ of Act, or requirement that the owner or operator execute or comply with a road use agreement or indemnity agreement, or provide a bond or letter of credit other than bond or letter of credit provided for in Section 5B SECTION 2. Sections 2(b)(5) and (6), Chapter 42, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), are amended to read as follows: (5) provides that an owner or operator of a vehicle with a permit issued under Section 5B or Section 5C, who has filed a bond or letter of credit required under Section 5B, and who has filed the notification required by this subsection, or who has filed a bond or letter of credit under Section 2(b)(1)(A) of Act, or who has no bond or letter of credit, is liable to the county only for the actual damages to the county roads, bridges, or culverts with load limitations established under Section 5 or Section 5½ of Act or having weight limits established by the commissioners court under Section 2.301(b)(2), County Road and Bridge Act (Article 6702-1, Vernon's Texas Civil Statutes), caused by the operation of the vehicle in excess of those limitations. If a vehicle is required to travel over a designated route, it shall be presumed that the route is of sufficient strength and design to carry and withstand the weight of the vehicle traveling over such designated route. (6) provides that the liability of an owner or operator for damage to county roads shall not be limited to the amount of the bond or letter of credit required under Section 5B or 5C(c). A county may recover on the bond or letter of credit only by a suit against the owner or operator of the vehicle and the issuer of the bond or letter of credit filed in district court. Provides that venue is in district court in the county where the defendant resides, with the exception that venue is in county where defendant has a principal place of business if defendant is a corporation or partnership. SECTION 3. Section 2(b), Chapter 42, General laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), is amended by adding Subdivision (8) to read as follows: (8) provides that the liability of an owner or operator of a vehicle, or a person who assumes liability for damages caused by a vehicle under Section 5C(d) of Act, is not limited by the failure of a county to require a bond or letter of credit for damages caused by a vehicle. Venue for a suit brought by a county to recover damages where there is no bond or letter of credit filed is in the district court of the county where the damages occur. Page 3 Bill Analysis - H.B. 1488 SECTION 4. Chapter 42, General laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), is amended by adding Section 5C to read as follows: (a) provides that a county may require a road use or indemnity agreement from (1) the owner or operator of a vehicle for which a permit is issued under Section 2(b)(1) or Section 5B of Act; or (2) a person who contracts for transportation of goods or equipment by a vehicle for which a permit is issued under Section 2(b)(1) or Section 5B of Act (b) provides that the county may not charge a fee for the agreement required by Subsection (a) of this section (c) provides that a county may require a bond or letter of credit as part of an agreement under Subsection (a) of this section unless the vehicle is covered by a bond or letter of credit issued under Section 5B of Act (d) provides that the agreement in Subsection (a) of this section may provide for the assumption of liability for damages caused by the vehicle to county roads or bridges by the person described by Subsection (a)(2) of this section SECTION 5. Emergency Clause SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on April 21, 1995, at 4:04 p.m., the House Committee on Transportation met in a public hearing on Wednesday, April 26, 1995, at 2:00 p.m., or upon adjournment, in Room E1.014 of the Capitol Extension and was called to order at 6:13 p.m. by the Chair, Representative Clyde Alexander. The Chair laid out H.B. 1488 and recognized Representative Sadler to explain H.B. 1488. The Chair recognized the following persons who testified in support of H.B. 1488. Jimmy Davis, Panola County Commissioner. Gary Norton, Brazos County Commissioner. Gaddis Lindsey, Upshur County Commissioner. David Lloyd, Upshur County Commissioner. Tommy Stanley, Upshur County Commissioner. The Chair recognized the following person who testified against H.B. 1488. Freddy Warner, Texas Motor Transportation Association. Representative Clemons moved that the Committee report H.B. 1488, without amendments, to the full House with the recommendation that it do pass. The motion prevailed by the following vote: Ayes (6), Nayes (0), Absent (3), Present not voting (0).