75R10045 DWS-F                           

         By Pitts                                              H.B. No. 1871

         Substitute the following for H.B. No. 1871:

         By Finnell                                        C.S.H.B. No. 1871

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the movement of portable building units and compatible

 1-3     cargo over a state highway.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 623.099(f), Transportation Code, is

 1-6     amended to read as follows:

 1-7           (f)  An escort flag vehicle may not be required under this

 1-8     subchapter except as expressly provided by this section.

 1-9           SECTION 2.  Subchapter F, Chapter 623, Transportation Code,

1-10     is amended by adding Sections 623.129 and 623.130 to read as

1-11     follows:

1-12           Sec. 623.129.  ESCORT FLAG VEHICLE.  The escort flag vehicle

1-13     requirements provided by Section 623.099 apply to the movement of a

1-14     portable building unit and compatible cargo under this subchapter

1-15     as if the building and cargo were a manufactured house.

1-16           Sec. 623.130.  COMPATIBLE CARGO.  (a)  A permit issued under

1-17     this subchapter may authorize the movement of cargo, other than a

1-18     portable building unit, manufactured, assembled, or distributed, as

1-19     an authorized distributor, by a portable building unit manufacturer

1-20     if:

1-21                 (1)  the movement is conducted by employees of the

1-22     manufacturer or by independent drivers and equipment under

1-23     exclusive contract to the manufacturer during the movement;

1-24                 (2)  the movement is to or from a location where the

 2-1     manufacturer's building units may be legally stored, sold, or

 2-2     delivered;

 2-3                 (3)  the cargo is compatible with the movement of

 2-4     portable building units in that:

 2-5                       (A)  the cargo does not cause the load to exceed

 2-6     applicable height or weight limits; and

 2-7                       (B)  the cargo is loaded to properly distribute

 2-8     weight, width, and height to maximize safety and economy without

 2-9     exceeding size or weight limits authorized for movement of portable

2-10     building units.

2-11           (b)  If cargo moved under this section exceeds any width

2-12     limit that would apply to the cargo if it were moved in a manner

2-13     not governed by this section,  the department shall collect an

2-14     amount equal to any fee that would apply to movement of the cargo

2-15     if the cargo were moved in a manner not governed by this section in

2-16     addition to the fee required under this subchapter.

2-17           SECTION 3.  This Act takes effect September 1, 1997.

2-18           SECTION 4.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended.