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.