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.