1-1     By:  Armbrister                                        S.B. No. 605

 1-2           (In the Senate - Filed February 14, 1997; February 19, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     April 11, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0; April 11, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 605               By:  Armbrister

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the movement of portable building units and compatible

1-11     cargo over a state highway.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subsection (f), Section 623.099, Transportation

1-14     Code, is amended to read as follows:

1-15           (f)  An escort flag vehicle may not be required under this

1-16     subchapter except as expressly provided by this section.

1-17           SECTION 2.  Subchapter F, Chapter 623, Transportation Code,

1-18     is amended by adding Sections 623.129 and 623.130 to read as

1-19     follows:

1-20           Sec. 623.129.  ESCORT FLAG VEHICLE.  The escort flag vehicle

1-21     requirements provided by Section 623.099 apply to the movement of

1-22     portable building units and compatible cargo under this subchapter

1-23     as if such building units and cargo were a manufactured house.

1-24           Sec. 623.130.  COMPATIBLE CARGO.  (a)  A permit issued under

1-25     this subchapter may authorize the movement of cargo, other than a

1-26     portable building unit, manufactured, assembled, or distributed by

1-27     a portable building unit manufacturer, as an authorized distributor

1-28     if:

1-29                 (1)  the movement is conducted by employees of the

1-30     manufacturer or by independent drivers and equipment under

1-31     exclusive contract to the manufacturer during the movement;

1-32                 (2)  the movement is to or from a location where the

1-33     manufacturer's building units may be legally stored, sold, or

1-34     delivered; and

1-35                 (3)  the cargo is compatible with the movement of

1-36     portable building units in that:

1-37                       (A)  the cargo does not cause the load to exceed

1-38     applicable height or weight limits; and

1-39                       (B)  the cargo is loaded to properly distribute

1-40     weight, width, and height to maximize safety and economy without

1-41     exceeding size or weight limits authorized for movement of portable

1-42     building units.

1-43           (b)  If cargo moved under this section exceeds any width

1-44     limit that would apply to the cargo if it were moved in a manner

1-45     not governed by this section, the department shall collect an

1-46     amount equal to any fee that would apply to movement of the cargo

1-47     if the cargo were moved in a manner not governed by this section in

1-48     addition to the fee required under this subchapter.

1-49           SECTION 3.  This Act takes effect September 1, 1997.

1-50           SECTION 4.  The importance of this legislation and the

1-51     crowded condition of the calendars in both houses create an

1-52     emergency and an imperative public necessity that the

1-53     constitutional rule requiring bills to be read on three several

1-54     days in each house be suspended, and this rule is hereby suspended.

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