By Hill                                               H.B. No. 3061
         76R6697 DWS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the issuance of permits for the operation of certain
 1-3     vehicles that exceed maximum size or weight limitations.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter E, Chapter 621, Transportation Code,
 1-6     is amended by adding Section 621.357 to read as follows:
 1-7           Sec. 621.357.  PAYMENT OF FEES BY GOVERNMENTAL ENTITY.
 1-8     Notwithstanding any other law, the department may not charge a
 1-9     governmental entity a fee for a permit issued by the department
1-10     that authorizes the operation of a vehicle and its load or a
1-11     combination of vehicles and load exceeding size or weight
1-12     limitations.
1-13           SECTION 2.  Section 623.011, Transportation Code, is amended
1-14     to read as follows:
1-15           Sec. 623.011.  PERMIT FOR EXCESS AXLE OR GROSS WEIGHT.  (a)
1-16     The department may issue a permit that authorizes the operation of
1-17     a commercial motor vehicle, trailer, semitrailer, or combination of
1-18     those vehicles, or a truck-tractor or combination of a
1-19     truck-tractor and one or more other vehicles:
1-20                 (1)  at an axle weight that is not heavier than the
1-21     weight equal to the maximum allowable axle weight for the vehicle
1-22     or combination plus a tolerance allowance of 10 percent of that
1-23     allowable weight; and
1-24                 (2)  at a gross weight that is not heavier than the
 2-1     weight equal to the maximum allowable gross weight for the vehicle
 2-2     or combination plus a tolerance allowance of five percent.
 2-3           (b)  To qualify for a permit under this section:
 2-4                 (1)  the vehicle must be registered under Chapter 502
 2-5     for the maximum gross weight applicable to the vehicle under
 2-6     Section 621.101, not to exceed 80,000 pounds;
 2-7                 (2)  the security requirement of Section 623.012 must
 2-8     be satisfied; and
 2-9                 (3)  a base permit fee of $75, any additional fee
2-10     required by Section 623.0111, and any additional fee set by the
2-11     department under Section 623.0112 must be paid.
2-12           (c)  A permit issued under this section:
2-13                 (1)  is valid for one year;
2-14                 (2)  must be carried in the vehicle for which it is
2-15     issued; and
2-16                 (3)  does not authorize the operation on the national
2-17     system of interstate and defense highways in this state of vehicles
2-18     with a weight greater than authorized by federal law.
2-19           (d)  [When the department issues a permit under this section,
2-20     the department shall issue a sticker to be placed on the front
2-21     windshield of the vehicle above the inspection certificate issued
2-22     to the vehicle.  The department shall design the form of the
2-23     sticker to aid in the enforcement of weight limits for vehicles.]
2-24           [(e)  The sticker must:]
2-25                 [(1)  indicate the expiration date of the permit; and]
2-26                 [(2)  be removed from the vehicle when:]
2-27                       [(A)  the permit for operation of the vehicle
 3-1     expires;]
 3-2                       [(B)  a lease of the vehicle expires; or]
 3-3                       [(C)  the vehicle is sold.]
 3-4           [(f)  A person commits an offense if the person fails to
 3-5     display the sticker in the manner required by Subsection (d).  An
 3-6     offense under this subsection is a Class C misdemeanor.  Section
 3-7     623.019(g) applies to an offense under this subsection.]
 3-8           [(g)]  A vehicle operating under a permit issued under this
 3-9     section may exceed the maximum allowable gross weight tolerance
3-10     allowance by not more than five percent, regardless of the weight
3-11     of any one axle or tandem axle, if no axle or tandem axle exceeds
3-12     the tolerance permitted by Subsection (a).
3-13           SECTION 3.  Section 623.0112, Transportation Code, is amended
3-14     to read as follows:
3-15           Sec. 623.0112.  ADDITIONAL ADMINISTRATIVE FEE.  When a person
3-16     applies for a permit under Section 623.011, the person must pay in
3-17     addition to other fees an administrative fee adopted by department
3-18     rule in an amount not to exceed the direct and indirect cost to the
3-19     department of:
3-20                 (1)  [issuing a sticker under Section 623.011(d);]
3-21                 [(2)]  distributing fees under Section 621.353; and
3-22                 (2) [(3)]  notifying counties under Section 623.013.
3-23           SECTION 4.  Sections 623.074(b) and (d), Transportation Code,
3-24     are amended to read as follows:
3-25           (b)  The application must:
3-26                 (1)  be in writing;
3-27                 (2)  state the kind of equipment to be operated;
 4-1                 (3)  describe the equipment;
 4-2                 (4)  give the weight and dimensions of the equipment;
 4-3                 (5)  give the width, height, and length of the
 4-4     equipment; and
 4-5                 (6)  state the kind of commodity to be transported and
 4-6     the weight of the total load[; and]
 4-7                 [(7)  be dated and signed by the applicant].
 4-8           (d)  The department may by rule authorize an applicant to
 4-9     submit an application electronically.  [An electronically submitted
4-10     application shall be considered signed if a digital signature is
4-11     transmitted with the application and intended by the applicant to
4-12     authenticate the application.  For purposes of this subsection,
4-13     "digital signature" means an electronic identifier intended by the
4-14     person using it to have the same force and effect as the use of a
4-15     manual signature.]
4-16           SECTION 5.  Section 623.123, Transportation Code, is amended
4-17     to read as follows:
4-18           Sec. 623.123. APPLICATION.  The application for a permit
4-19     under Section 623.121 must:
4-20                 (1)  be in writing;
4-21                 (2)  state the make and model of the portable building
4-22     unit or units;
4-23                 (3)  state the length and width of the portable
4-24     building unit or units;
4-25                 (4)  state the make and model of the towing vehicle;
4-26                 (5)  state the length and width of the towing vehicle;
4-27                 (6)  state the length and width of the combined
 5-1     portable building unit or units and towing vehicle;
 5-2                 (7)  state each highway over which the portable
 5-3     building unit or units are to be moved; and
 5-4                 (8)  indicate the point of origin and destination[; and]
 5-5                 [(9)  be dated and signed by the applicant].
 5-6           SECTION 6.  The importance of this legislation and the
 5-7     crowded condition of the calendars in both houses create an
 5-8     emergency and an imperative public necessity that the
 5-9     constitutional rule requiring bills to be read on three several
5-10     days in each house be suspended, and this rule is hereby suspended,
5-11     and that this Act take effect and be in force from and after its
5-12     passage, and it is so enacted.