By Sadler                                             H.B. No. 2679
         76R1209 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authorizing a county to require a road use or indemnity
 1-3     agreement for the use of county roads by certain overweight
 1-4     vehicles.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 623.018, Transportation Code, is amended
 1-7     by amending Subsection (d) and adding Subsections (f) and (g) to
 1-8     read as follows:  
 1-9           (d)  If a vehicle has a permit issued under Section 623.011,
1-10     a commissioners court may not:
1-11                 (1)  issue a permit under this section or charge an
1-12     additional fee for or otherwise regulate or restrict the operation
1-13     of the vehicle because of weight; or
1-14                 (2)  require the owner or operator [to execute or
1-15     comply with a road use agreement or indemnity agreement,] to make a
1-16     filing or application[,] or to provide a bond or letter of credit
1-17     other than the bond or letter of credit prescribed by Section
1-18     623.012.
1-19           (f)  The commissioners court may require a road use or
1-20     indemnity agreement to be executed by:
1-21                 (1)  the owner or operator of a vehicle for which a
1-22     permit is issued under this section or Section 623.011; or
1-23                 (2)  a person who contracts for transportation of
1-24     property by a vehicle for which a permit is issued under this
 2-1     section or Section 623.011.
 2-2           (g)  An agreement required under Subsection (f) may provide
 2-3     that the person described by Subsection (f)(2) assumes the
 2-4     liability for any damage caused by the vehicle to a county road or
 2-5     bridge.
 2-6           SECTION 2.  This Act takes effect September 1, 1999.
 2-7           SECTION 3.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended.