By Sadler                                             H.B. No. 1488
       74R3539 E
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to permits for movement of oversize or overweight vehicles
    1-3  on county roads.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2(b)(1), Chapter 42, General Laws, Acts
    1-6  of the 41st Legislature, 2nd Called Session, 1929 (Article
    1-7  6701d-11, Vernon's Texas Civil Statutes), is amended to read as
    1-8  follows:
    1-9              (1)  The Commissioners Courts through the County Judges
   1-10  of the several counties of this State may issue permits limited to
   1-11  periods of ninety (90) days or less for the transportation over
   1-12  highways of their respective counties other than state highways and
   1-13  public roads within the boundaries of an incorporated municipality,
   1-14  overweight or oversize or overlength commodities which cannot be
   1-15  reasonably dismantled, or for the operation over these highways of
   1-16  superheavy or oversize equipment for the transportation of oversize
   1-17  or overweight or overlength commodities which cannot be reasonably
   1-18  dismantled, or for the operation over these highways of vehicles or
   1-19  combinations of vehicles that exceed the weights authorized under
   1-20  Section 5 or Section 5-1/2  of this Act, or over the county roads
   1-21  having weight limits as established by the commissioners court
   1-22  under Section 2.301(b)(2), County Road and Bridge Act (Article
   1-23  6702-1, Vernon's Texas Civil Statutes).  Whether or not a vehicle
   1-24  has a permit issued under Section 5B of this Act, a commissioners
    2-1  court may require a county permit under this subsection and may
    2-2  require the owner or operator or the major company that contracts
    2-3  for their services to execute or comply with a road use agreement
    2-4  or indemnity agreement.
    2-5                    (A)  A county requiring such a county permit may
    2-6  not charge a fee for such a permit and may not require a bond or
    2-7  letter of credit if the vehicle is covered under a bond or letter
    2-8  of credit provided for in Section 5B of this Act.
    2-9                    (B)  Failure of a county to require a bond or
   2-10  letter of credit for a vehicle not covered under Section 5B of this
   2-11  Act does not limit the liability of the owner or operator of a
   2-12  vehicle or major company that contracts for their services for
   2-13  damages to county roads and bridges.
   2-14                    (C)  A major company using contracted vehicles
   2-15  may assume liability for the owner or operator of a vehicle through
   2-16  the road use agreement.
   2-17                    (D)  Venue for a suit brought by a county to
   2-18  recover damages where there is no bond or letter of credit is in
   2-19  district court in the county where the damages occur.  <If a
   2-20  vehicle has a permit issued under Section 5B of this Act, a
   2-21  commissioners court may not issue a permit under this subsection,
   2-22  charge any additional fee for, or otherwise regulate or restrict
   2-23  the operation of the vehicle with a gross weight or axle weight
   2-24  that exceeds the weights authorized by Section 5 or Section 5 1/2
   2-25  of this Act, or require the owner or operator to execute or comply
   2-26  with a road use agreement or indemnity agreement, to make any
   2-27  filings or applications, or to provide a bond or letter of credit
    3-1  other than the bond or letter of credit provided for in Section
    3-2  5B.>
    3-3        SECTION 2.  Sections 2(b)(5) and (6), Chapter 42, General
    3-4  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
    3-5  (Article 6701d-11, Vernon's Texas Civil Statutes), are amended to
    3-6  read as follows:
    3-7              (5)  The owner or operator of a vehicle that has a
    3-8  permit issued under Section 5B or Section 5C of this Act, who has
    3-9  filed the bond or letter of credit required under Section 5B of
   3-10  this Act, and who has filed the notification required by this
   3-11  subsection, or who has filed a bond or letter of credit under
   3-12  Section 2(b)(1)(A) of this Act, or who has no bond or letter of
   3-13  credit, is liable to the county only for the actual damages to the
   3-14  county roads, bridges, or culverts with load limitations
   3-15  established under Section 5 or Section 5-1/2  of this Act or having
   3-16  weight limits established by the commissioners court under Section
   3-17  2.301(b)(2), County Road and Bridge Act (Article 6702-1, Vernon's
   3-18  Texas Civil Statutes), caused by the operation of the vehicle in
   3-19  excess of those limitations.  If a County Judge, County
   3-20  Commissioner, County Road Supervisor, or County Traffic Officer
   3-21  requires such vehicle to travel over a designated route, it shall
   3-22  be presumed that such designated route, including any bridges or
   3-23  culverts located thereon, is of sufficient strength and design to
   3-24  carry and withstand the weight of the vehicle traveling over such
   3-25  designated route.
   3-26              (6)  The liability of an owner or operator for damage
   3-27  to county roads shall not be limited to the amount of the bond or
    4-1  letter of credit required under Section 5B or 5C(c).  A county may
    4-2  recover on the bond or letter of credit only by a suit against the
    4-3  owner or operator of the vehicle and the issuer of the bond or
    4-4  letter of credit filed in district court.  Venue for a suit brought
    4-5  by a county to recover on the bond or letter of credit is in
    4-6  district court in the county in which the defendant resides, except
    4-7  that if the defendant is a corporation or partnership, venue is in
    4-8  the county in which the defendant has its principal place of
    4-9  business in this state.  If a corporation or partnership does not
   4-10  have a principal place of business in this state, venue is in
   4-11  district court in the county in which the damage occurred.
   4-12        SECTION 3.  Section 2(b), Chapter 42, General Laws, Acts of
   4-13  the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
   4-14  Vernon's Texas Civil Statutes), is amended by adding Subdivision
   4-15  (8) to read as follows:
   4-16              (8)  The liability of an owner or operator of a
   4-17  vehicle, or a person who assumes liability for damages caused by a
   4-18  vehicle under Section 5C(d) of this Act, is not limited by the
   4-19  failure of a county to require a bond or letter of credit for
   4-20  damages caused by a vehicle.  Venue for a suit brought by a county
   4-21  to recover damages in a case in which there is no bond or letter of
   4-22  credit filed is in the district court of the county where the
   4-23  damages occur.
   4-24        SECTION 4.  Chapter 42, General Laws, Acts of the 41st
   4-25  Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's
   4-26  Texas Civil Statutes), is amended by adding Section 5C to read as
   4-27  follows:
    5-1        Sec. 5C  (a)  A county may require a road use or indemnity
    5-2  agreement from:
    5-3              (1)  the owner or operator of a vehicle for which a
    5-4  permit is issued under Section 2(b)(1) or Section 5B of this Act;
    5-5  or
    5-6              (2)  a person who contracts for transportation of goods
    5-7  or equipment by a vehicle for which a permit is issued under
    5-8  Section 2(b)(1) or Section 5B of this Act.
    5-9        (b)  The county may not charge a fee for the agreement
   5-10  required by Subsection (a) of this section.
   5-11        (c)  The county may require a bond or letter of credit as
   5-12  part of an agreement under Subsection (a) of this section unless
   5-13  the vehicle is covered by a bond or letter of credit issued under
   5-14  Section 5B of this Act.
   5-15        (d)  The agreement in Subsection (a) of this section may
   5-16  provide for the assumption of liability for damages caused by the
   5-17  vehicle to county roads or bridges by the person described by
   5-18  Subsection (a)(2) of this section.
   5-19        SECTION 5.  The importance of this legislation and the
   5-20  crowded condition of the calendars in both houses create an
   5-21  emergency and an imperative public necessity that the
   5-22  constitutional rule requiring bills to be read on three several
   5-23  days in each house be suspended, and this rule is hereby suspended.