1-1 By: Uher (Senate Sponsor - Armbrister) H.B. No. 1345
1-2 (In the Senate - Received from the House April 27, 1997;
1-3 April 29, 1997, read first time and referred to Committee on State
1-4 Affairs; May 8, 1997, reported favorably by the following vote:
1-5 Yeas 12, Nays 0; May 8, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the issuance of certain permits to move certain heavy
1-9 equipment over a state highway.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 623.071, Transportation Code, is amended
1-12 by amending Subsection (c) and adding Subsection (f) to read as
1-13 follows:
1-14 (c) The department may issue an annual permit to allow the
1-15 operation on a state highway of equipment that exceeds weight and
1-16 size limits provided by law for the movement of:
1-17 (1) an implement of husbandry by a dealer; [or]
1-18 (2) water well drilling machinery and equipment or
1-19 harvesting equipment being moved as part of an agricultural
1-20 operation; or
1-21 (3) superheavy or oversize equipment that:
1-22 (A) cannot reasonably be dismantled; and
1-23 (B) does not exceed:
1-24 (i) 12 feet in width;
1-25 (ii) 14 feet in height;
1-26 (iii) 110 feet in length; or
1-27 (iv) 120,000 pounds gross weight.
1-28 (f) A single trip permit that increases the height or width
1-29 limits established in Subsection (c)(3)(B)(i) or (ii) may be issued
1-30 by the department and used in conjunction with an annual permit
1-31 issued under Subsection (c).
1-32 SECTION 2. Section 623.074(b), Transportation Code, is
1-33 amended to read as follows:
1-34 (b) The application must:
1-35 (1) be in writing;
1-36 (2) state the kind of equipment to be operated;
1-37 (3) describe the equipment;
1-38 (4) give the weight of the equipment;
1-39 (5) give the width, height, and length of the
1-40 equipment;
1-41 (6) [(5)] state the kind of commodity to be
1-42 transported and the weight of the total load; and
1-43 (7) [(6)] be dated and signed by the applicant.
1-44 SECTION 3. Section 623.076, Transportation Code, is amended
1-45 by amending Subsection (a) and adding Subsection (c) to read as
1-46 follows:
1-47 (a) An application for a permit under this subchapter must
1-48 be accompanied by a permit fee of:
1-49 (1) $30 for a single-trip permit;
1-50 (2) $60 for a permit that is valid for a period not
1-51 exceeding 30 days;
1-52 (3) $90 for a permit that is valid for a period of 31
1-53 days or more but not exceeding 60 days;
1-54 (4) $120 for a permit that is valid for a period of 61
1-55 days or more but not exceeding 90 days; or
1-56 (5) $135 for a permit issued under Section
1-57 623.071(c)(1) or (2).
1-58 (c) An application for a permit under Section 623.071(c)(3)
1-59 must be accompanied by the permit fee established by the commission
1-60 for the permit, not to exceed $3,500. Of each fee collected under
1-61 this subsection, the department shall send:
1-62 (1) the first $1,000 to the comptroller for deposit to
1-63 the credit of the general revenue fund; and
1-64 (2) any amount in excess of $1,000 to the comptroller
2-1 for deposit to the credit of the state highway fund.
2-2 SECTION 4. Section 623.077(a), Transportation Code, is
2-3 amended to read as follows:
2-4 (a) An applicant for a permit under this subchapter, other
2-5 than a permit under Section 623.071(c)(3), must also pay a highway
2-6 maintenance fee in an amount determined according to the following
2-7 table:
2-8 Vehicle Weight in Pounds Fee
2-9 80,001 to 120,000 $ 50
2-10 120,001 to 160,000 $ 75
2-11 160,001 to 200,000 $100
2-12 200,001 and above $125
2-13 SECTION 5. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.
2-20 * * * * *