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

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               (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.


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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).