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.