AN ACT

 1-1     relating to the issuance of permits for the movement of oversize

 1-2     and overweight vehicles.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 621.003, Transportation Code, is amended

 1-5     by adding Subsections (d) and (e) to read as follows:

 1-6           (d)  The department may contract with a third party to act as

 1-7     the department's agent in the processing of a permit application

 1-8     and the distribution of a permit issued by the department under

 1-9     this section.

1-10           (e)  An agreement entered into under this section may provide

1-11     for a third party to act as the agent of each state in the

1-12     processing of a permit application and the distribution of a permit

1-13     issued by a state under this section.

1-14           SECTION 2.  Subchapter E, Chapter 621, Transportation Code,

1-15     is amended by adding Section 621.356 to read as follows:

1-16           Sec. 621.356.  FORM OF PAYMENT.  The commission may adopt

1-17     rules prescribing the method for payment of a fee for a permit

1-18     issued by the department that authorizes the operation of a vehicle

1-19     and its load or a combination of vehicles and load exceeding size

1-20     or weight limitations.  The rules may:

1-21                 (1)  authorize the use of electronic funds transfer or

1-22     a credit card issued by:

1-23                       (A)  a financial institution chartered by a state

 2-1     or the federal government; or

 2-2                       (B)  a nationally recognized credit organization

 2-3     approved by the commission; and

 2-4                 (2)  require the payment of a discount or service

 2-5     charge for a credit card payment in addition to the fee.

 2-6           SECTION 3.  Section 623.073, Transportation Code, is

 2-7     repealed.

 2-8           SECTION 4.  Subsections (b) and (c), Section 623.074,

 2-9     Transportation Code, are amended to read as follows:

2-10           (b)  The application must:

2-11                 (1)  be in writing;

2-12                 (2)  state the kind of equipment to be operated;

2-13                 (3)  describe the equipment;

2-14                 (4)  give the weight and dimensions of the equipment;

2-15                 (5)  state the kind of commodity to be transported and

2-16     the weight of the total load; and

2-17                 (6)  be dated and signed by the applicant.

2-18           (c)  An application for a permit under Section 623.071(a) or

2-19     (b) must also also state:

2-20                 (1)  each highway [and the distance] over which the

2-21     equipment is to be operated, if the permit is for a single trip; or

2-22                 (2)  the region or area, as required by rule, over

2-23     which the equipment is to be operated, if the permit is for other

2-24     than a single trip.

2-25           SECTION 5.  Subsection (b), Section 623.076, Transportation

 3-1     Code, is amended to read as follows:

 3-2           (b)  The Texas Transportation Commission may adopt rules for

 3-3     the payment of a fee under Subsection (a).  The rules may:

 3-4                 (1)  authorize the use of electronic funds transfer;

 3-5                 (2)  authorize the use of a credit card issued by:

 3-6                       (A)  a financial institution chartered by a state

 3-7     or the United States; or

 3-8                       (B)  a nationally recognized credit organization

 3-9     approved by the Texas Transportation Commission; and

3-10                 (3) [(2)]  require the payment of a discount or service

3-11     charge for a credit card payment in addition to the fee prescribed

3-12     by Subsection (a).

3-13           SECTION 6.  Subsection (b), Section 623.080, Transportation

3-14     Code, is amended to read as follows:

3-15           (b)  A permit issued under Section 623.071(a) or (b) must

3-16     also state:

3-17                 (1)  each highway [and the distance] over which the

3-18     equipment is to be transported, if the permit is for a single trip;

3-19     or

3-20                 (2)  the region or area, as required by rule, over

3-21     which the equipment is to be operated, if the permit is for other

3-22     than a single trip.

3-23           SECTION 7.  Subsection (c), Section 623.081, Transportation

3-24     Code, is amended to read as follows:

3-25           (c)  An applicant for a permit under this section must

 4-1     provide by telephone to [an agent designated by] the department

 4-2     [under Section 623.073]:

 4-3                 (1)  the information required for a permit issued under

 4-4     Section 623.071(a) or (b), other than the applicant's signature;

 4-5     and

 4-6                 (2)  the account number of a credit card approved by

 4-7     the department.

 4-8           SECTION 8.  Section 623.125, Transportation Code, is

 4-9     repealed.

4-10           SECTION 9.  The importance of this legislation and the

4-11     crowded condition of the calendars in both houses create an

4-12     emergency and an imperative public necessity that the

4-13     constitutional rule requiring bills to be read on three several

4-14     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1631 passed the Senate on

         April 24, 1997, by the following vote:  Yeas 29, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1631 passed the House on

         May 16, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor