HBA-ALS H.B. 2679 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2679 By: Sadler Transportation 4/19/1999 Introduced BACKGROUND AND PURPOSE The operation of vehicles on highways is governed by the Uniform Act Regulating Traffic on Highways. Chapter 623 (Permits for Oversize or Overweight Vehicles), Transportation Code, places limitations on the size and weight of vehicles to be operated or moved on highways, as well as limitations on loads that can be transported on the highways. In 1985, Rusk County began issuing carriers routing agreements at no charge, in an effort to route them over roads that would cause the least amount of damage. Currently, several other counties are using a similar system. The routing agreements only indicate which carrier will be inside the county lines and usually on the highway system. In Section 251.160 (Liability of Owner or Operator for Road Damage), Transportation Code, counties have the authority to recover road damages. However, the statute does not provide a method by which the county can track and determine damages. It is difficult to pinpoint the guilty party who has inflicted damage, via overweight trucks, on county roads, and counties are burdened with the cost of road maintenance. H.B. 2679 authorizes counties to issue road use agreements for movement of oversized or overweight vehicles on county roads, which makes the person liable for any damage to county road or bridge caused by the vehicle. The agreement provides information that counties need to recoup damage inflicted on their county roads by overweight trucks. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 623.018, Transportation Code, by amending Subsection (d) and adding Subsections (f) and (g), as follows: (d) Deletes language prohibiting a commissioners court from requiring the owner or operator of certain overweight vehicles to execute or comply with a road use agreement or indemnity agreement if a vehicle has a permit issued under Section 623.011 (Permit for Excess Axle or Gross Weight). Makes nonsubstantive changes. (f) Authorizes the commissioners court to require a road use or indemnity agreement to be executed by the owner or operator of a vehicle for which a permit is issued under this section or Section 623.011 or by a person who contracts for transportation of property by a vehicle for which a permit is issued under this section or Section 623.011. (g) Authorizes an agreement under Subsection (f) to provide that the person who contracts for transportation of property by a vehicle for which a permit is issued under this section or Section 623.011 assumes the liability for any damage caused by the vehicle to a county road or bridge. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.