1-1 By: Duncan S.B. No. 1631
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 10, 1997, reported favorably by the following vote: Yeas 13,
1-5 Nays 0; April 10, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the issuance of permits for the movement of oversize
1-9 and overweight vehicles.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 621.003, Transportation Code, is amended
1-12 by adding Subsections (d) and (e) to read as follows:
1-13 (d) The department may contract with a third-party to act as
1-14 the department's agent in the processing of a permit application
1-15 and the distribution of a permit issued by the department under
1-16 this section.
1-17 (e) An agreement entered into under this section may provide
1-18 for a third-party to act as the agent of each state in the
1-19 processing of a permit application and the distribution of a permit
1-20 issued by a state under this section.
1-21 SECTION 2. Subchapter E, Chapter 621, Transportation Code,
1-22 is amended by adding Section 621.356 to read as follows:
1-23 Sec. 621.356. FORM OF PAYMENT. The commission may adopt
1-24 rules prescribing the method for payment of a fee for a permit
1-25 issued by the department that authorizes the operation of a vehicle
1-26 and its load or a combination of vehicles and load exceeding size
1-27 or weight limitations. The rules may:
1-28 (1) authorize the use of electronic funds transfer or
1-29 a credit card issued by:
1-30 (A) a financial institution chartered by a state
1-31 or the federal government; or
1-32 (B) a nationally recognized credit organization
1-33 approved by the commission; and
1-34 (2) require the payment of a discount or service
1-35 charge for a credit card payment in addition to the fee.
1-36 SECTION 3. Section 623.073, Transportation Code, is
1-37 repealed.
1-38 SECTION 4. Subsections (b) and (c), Section 623.074,
1-39 Transportation Code, are amended to read as follows:
1-40 (b) The application must:
1-41 (1) be in writing;
1-42 (2) state the kind of equipment to be operated;
1-43 (3) describe the equipment;
1-44 (4) give the weight and dimensions of the equipment;
1-45 (5) state the kind of commodity to be transported and
1-46 weight of the total load; and
1-47 (6) be dated and signed by the applicant.
1-48 (c) An application for a permit under Section 623.071(a) or
1-49 (b) must also also state:
1-50 (1) each highway [and the distance] over which the
1-51 equipment is to be operated, if the permit is for a single-trip; or
1-52 (2) the region or area, as required by rule, over
1-53 which the equipment is to be operated, if the permit is for other
1-54 than a single-trip.
1-55 SECTION 5. Subsection (b), Section 623.076, Transportation
1-56 Code, is amended to read as follows:
1-57 (b) The Texas Transportation Commission may adopt rules for
1-58 the payment of a fee under Subsection (a). The rules may:
1-59 (1) authorize the use of electronic funds transfer;
1-60 (2) authorize the use of a credit card issued by:
1-61 (A) a financial institution chartered by a state
1-62 or the United States; or
1-63 (B) a nationally recognized credit organization
1-64 approved by the Texas Transportation Commission; and
2-1 (3) [(2)] require the payment of a discount or service
2-2 charge for a credit card payment in addition to the fee prescribed
2-3 by Subsection (a).
2-4 SECTION 6. Subsection (b), Section 623.080, Transportation
2-5 Code, is amended to read as follows:
2-6 (b) A permit issued under Section 623.071(a) or (b) must
2-7 also state:
2-8 (1) each highway [and the distance] over which the
2-9 equipment is to be transported, if the permit is for a single-trip;
2-10 or
2-11 (2) the region or area, as required by rule, over
2-12 which the equipment is to be operated, if the permit is for other
2-13 than a single-trip.
2-14 SECTION 7. Subsection (c), Section 623.081, Transportation
2-15 Code, is amended to read as follows:
2-16 (c) An applicant for a permit under this section must
2-17 provide by telephone to [an agent designated by] the department
2-18 [under Section 623.073]:
2-19 (1) the information required for a permit issued under
2-20 Section 623.071(a) or (b), other than the applicant's signature;
2-21 and
2-22 (2) the account number of a credit card approved by
2-23 the department.
2-24 SECTION 8. Section 623.125, Transportation Code, is
2-25 repealed.
2-26 SECTION 9. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
2-28 emergency and an imperative public necessity that the
2-29 constitutional rule requiring bills to be read on three several
2-30 days in each house be suspended, and this rule is hereby suspended.
2-31 * * * * *