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1-37     repealed.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.

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