By Duncan                                       S.B. No. 1631

      75R7962 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the issuance of permits for the movement of oversize

 1-3     and overweight vehicles.

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

 1-5           SECTION 1.  Section 621.003, Transportation Code, is amended

 1-6     by adding Subsections (d) and (e) to read as follows:

 1-7           (d)  The department may contract with a third-party to act as

 1-8     the department's agent in the processing of a permit application

 1-9     and the distribution of a permit issued by the department under

1-10     this section.

1-11           (e)  An agreement entered into under this section may provide

1-12     for a third-party to act as the agent of each state in the

1-13     processing of a permit application and the distribution of a permit

1-14     issued by a state under this section.

1-15           SECTION 2.  Subchapter E, Chapter 621, Transportation Code,

1-16     is amended by adding Section 621.356 to read as follows:

1-17           Sec. 621.356.  FORM OF PAYMENT.  The Texas Transportation

1-18     Commission may adopt rules prescribing the method for payment of a

1-19     fee for a permit issued by the department that authorizes the

1-20     operation of a vehicle and its load or a combination of vehicles

1-21     and load exceeding size or weight limitations.  The rules may:

1-22                 (1)  authorize the use of electronic funds transfer or

1-23     a credit card issued by:

1-24                       (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 Texas Transportation 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 2-7     repealed.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.  Section 623.074(b) and (c), Transportation Code,

 2-9     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     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.  Section 623.076(b), Transportation Code, is

2-26     amended to read as follows:

2-27           (b)  The Texas Transportation Commission may adopt rules for

 3-1     the payment of a fee under Subsection (a).  The rules may:

 3-2                 (1)  authorize the use of electronic funds transfer;

 3-3                 (2) [(1)]  authorize the use of a credit card issued

 3-4     by:

 3-5                       (A)  a financial institution chartered by a state

 3-6     or the United States; or

 3-7                       (B)  a nationally recognized credit organization

 3-8     approved by the Texas Transportation Commission; and

 3-9                 (3) [(2)]  require the payment of a discount or service

3-10     charge for a credit card payment in addition to the fee prescribed

3-11     by Subsection (a).

3-12           SECTION 6.  Section 623.080(b), Transportation Code, is

3-13     amended to read as follows:

3-14           (B)  A permit issued under Section 623.071(a) or (b) must

3-15     also state:

3-16                 (1)  each highway [and the distance] over which the

3-17     equipment is to be transported, if the permit is for a single-trip;

3-18     or

3-19                 (2)  the region or area, as required by rule, over

3-20     which the equipment is to be operated, if the permit is for other

3-21     than a single-trip.

3-22           SECTION 7.  Section 623.081(c), Transportation Code, is

3-23     amended to read as follows:

3-24           (c)  An applicant for a permit under this section must

3-25     provide by telephone to [an agent designated by] the department

3-26     [under Section 623.073]:

3-27                 (1)  the information required for a permit issued under

 4-1     Section 623.071(a) or (b), other than the applicant's signature;

 4-2     and

 4-3                 (2)  the account number of a credit card approved by

 4-4     the department.

 4-5           SECTION 8.  Section 623.125, Transportation Code, is

 4-6     repealed.

 4-7           SECTION 9.  The importance of this legislation and the

 4-8     crowded condition of the calendars in both houses create an

 4-9     emergency and an imperative public necessity that the

4-10     constitutional rule requiring bills to be read on three several

4-11     days in each house be suspended, and this rule is hereby suspended.