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.