TWT H.B. 1345 75(R)BILL ANALYSIS


TRANSPORTATION
H.B. 1345
By: Uher
4-4-97
Committee Report (Unamended)


BACKGROUND 

The Texas Department of Transportation (TXDOT) is statutorily authorized
in Subchapter D, Chapter 623, Transportation Code, to issue
oversize/overweight permits to people to operate certain super heavy or
oversize equipment on a state highway. In 1996, the department issued
291,238 single - trip permits under Subchapter D. 

PURPOSE

H.B. 1345 allows the TXDOT to issue an annual permit for the movement of
certain oversize/overweight equipment on a state highway. The bill defines
a range of load characteristics that are safe for travel on the state
highway system. Under H.B. 1345, a person could choose to purchase an
annual permit instead of a single-trip permit if the load falls within
those characteristics. 

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. However, in Section 3, Sec. 623.076(c) states the
Transportation Commission must set a fee for the superheavy or oversize
equipment annual permit. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 623.071(c), Transportation Code, to allow TXDOT
to issue an annual permit for super heavy or oversize equipment that
cannot reasonably be dismantled and that is within certain prescribed
weight and size limits. 

SECTION 2. Amends Section 623.074(b), Transportation Code, to require that
an application for a permit under this section provide the dimensions of
the equipment designated to be moved. 

SECTION 3. Amends Section 623.076(a), Transportation Code, by amending
Subsection (a) and adding Subsection (c). 

 (a) Allows for a $135 permit under Sec. 623.071 (c)(1) or (2), which
deals with an implement of husbandry by a dealer or harvesting equipment
being moved as part of an agricultural operation. 

 (c) Requires an applicant for a  superheavy or oversize equipment permit
under Sec. 623.071 (c)(3) to pay a fee, set by the commission, not to
exceed $3,500. Of each fee collected under this subsection, the TXDOT
shall be send to the comptroller: 

(1) the first $1,000 to be deposited into the general revenue fund; and
(2) any fees in excess of $1,000 to be deposited into the state highway
fund. 

SECTION 4.  Amends Section 623.077(a), Transportation Code, to provide
that a permit issued under Section 1 of this bill be exempted from the
requirement to pay a highway maintenance fee. 

SECTION 5. Emergency clause. Effective upon passage.