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.