TWT H.B. 1871 75(R)BILL ANALYSIS TRANSPORTATION H.B. 1871 By: Pitts 4-11-97 Committee Report (Substituted) BACKGROUND In 1981, the Texas Legislature authorized special oversize permits allowing the transportation of one or more "portable building units" which, in combination with the towing vehicle, do not exceed an overall length of 80 feet. The 74th Legislature defined "portable building units" to include disassembled modular building components, thereby making it clear that such components or kits could be transported along with fully assembled portable buildings. Currently, a discrepancy exists between escort flag vehicle requirements applicable to the transportation of "Industrialized Buildings" and "Portable Buildings." Although manufactured and regulated under different laws, such buildings are pre-fabricated and modular in design and share the same size and structural characteristics. When the Legislature modified the escort requirements for industrialized buildings, portable buildings were not included. Furthermore, some portable building manufacturers now construct and distribute other products similar in size and weight to portable buildings, using the same modular manufacturing techniques. PURPOSE C.S.H.B. 1871 will make the escort flag vehicle requirements currently applicable to transporting industrialized buildings the same for portable buildings and will permit the transport, along with portable buildings, of cargo manufactured and/or distributed by manufacturers which is compatible with the load as long as adding such cargo does not create an over-width or overweight load. 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. Amends Subsection (f), Section 623.099, Transportation Code, to clarify that escort requirements for Industrial Buildings are the same for Portable Buildings. SECTION 2. Amends Subchapter F, Chapter 623, Transportation Code, by adding Sections 623.129 and 623.130 as follows: Sec. 623.129. The escort flag requirements of Sec. 623.099, Transportation Code, apply to the moving of a portable building unit and compatible cargo under Subchapter F as if the building and cargo were a manufactured house. Sec. 623.130. (a) Authorizes the Texas Department of Transportation (TXDOT) to issue a permit for the transportation of cargo, other than a portable building, by a building unit manufacturer if: (1) the move is conducted by employees of the manufacturer or by independent drivers and equipment under exclusive contract to the manufacturer; (2) the move is to or from a location where the manufacturer's building units may be legally stored, sold or delivered; (3) the cargo is compatible so that it does not cause the load to exceed applicable height or weight limits; and the cargo is properly loaded to maximize safety and economy within size and weight limits. (b) Authorizes the TXDOT to collect the standard $30 over width cargo permit fee, in addition to the $7.50 over length or over width portable building permit fee if the compatible cargo, as loaded, itself exceeds the standard load width. SECTION 3. Effective Date - September 1, 1997 SECTION 4. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Caption of the bill was amended to conform to the body of the bill. SECTION 2. The original title for Sec. 623.129 was Escort Requirements. The substitute changed the title to Escort Flag Vehicle. (a) The original made escort flag vehicle requirements applicable to the movement of portable building units and cargo pursuant to TXDOT permits. The substitute changes the wording so that the requirements apply to movement of a portable building unit and compatible cargo. Subsection (b) of the original is reworded and moved to Subdivision (3) of Subsection (a) in the substitute. The substitute adds a new Subsection (b) which authorizes the TXDOT to collect the standard $30 over width cargo permit fee, in addition to the $7.50 over length or over width portable building permit fee if the compatible cargo, as loaded, itself exceeds the standard load width.