1-1 By: Hill (Senate Sponsor - Bernsen) H.B. No. 3061
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the issuance of permits for the operation of certain
1-9 vehicles that exceed maximum size or weight limitations.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subchapter E, Chapter 621, Transportation Code,
1-12 is amended by adding Section 621.357 to read as follows:
1-13 Sec. 621.357. PAYMENT OF FEES BY GOVERNMENTAL ENTITY.
1-14 Notwithstanding any other law, the department may not charge a
1-15 governmental entity a fee for a permit issued by the department
1-16 that authorizes the operation of a vehicle and its load or a
1-17 combination of vehicles and load exceeding size or weight
1-18 limitations.
1-19 SECTION 2. Section 623.011, Transportation Code, is amended
1-20 to read as follows:
1-21 Sec. 623.011. PERMIT FOR EXCESS AXLE OR GROSS WEIGHT. (a)
1-22 The department may issue a permit that authorizes the operation of
1-23 a commercial motor vehicle, trailer, semitrailer, or combination of
1-24 those vehicles, or a truck-tractor or combination of a
1-25 truck-tractor and one or more other vehicles:
1-26 (1) at an axle weight that is not heavier than the
1-27 weight equal to the maximum allowable axle weight for the vehicle
1-28 or combination plus a tolerance allowance of 10 percent of that
1-29 allowable weight; and
1-30 (2) at a gross weight that is not heavier than the
1-31 weight equal to the maximum allowable gross weight for the vehicle
1-32 or combination plus a tolerance allowance of five percent.
1-33 (b) To qualify for a permit under this section:
1-34 (1) the vehicle must be registered under Chapter 502
1-35 for the maximum gross weight applicable to the vehicle under
1-36 Section 621.101, not to exceed 80,000 pounds;
1-37 (2) the security requirement of Section 623.012 must
1-38 be satisfied; and
1-39 (3) a base permit fee of $75, any additional fee
1-40 required by Section 623.0111, and any additional fee set by the
1-41 department under Section 623.0112 must be paid.
1-42 (c) A permit issued under this section:
1-43 (1) is valid for one year;
1-44 (2) must be carried in the vehicle for which it is
1-45 issued; and
1-46 (3) does not authorize the operation on the national
1-47 system of interstate and defense highways in this state of vehicles
1-48 with a weight greater than authorized by federal law.
1-49 (d) [When the department issues a permit under this section,
1-50 the department shall issue a sticker to be placed on the front
1-51 windshield of the vehicle above the inspection certificate issued
1-52 to the vehicle. The department shall design the form of the
1-53 sticker to aid in the enforcement of weight limits for vehicles.]
1-54 [(e) The sticker must:]
1-55 [(1) indicate the expiration date of the permit; and]
1-56 [(2) be removed from the vehicle when:]
1-57 [(A) the permit for operation of the vehicle
1-58 expires;]
1-59 [(B) a lease of the vehicle expires; or]
1-60 [(C) the vehicle is sold.]
1-61 [(f) A person commits an offense if the person fails to
1-62 display the sticker in the manner required by Subsection (d). An
1-63 offense under this subsection is a Class C misdemeanor. Section
1-64 623.019(g) applies to an offense under this subsection.]
2-1 [(g)] A vehicle operating under a permit issued under this
2-2 section may exceed the maximum allowable gross weight tolerance
2-3 allowance by not more than five percent, regardless of the weight
2-4 of any one axle or tandem axle, if no axle or tandem axle exceeds
2-5 the tolerance permitted by Subsection (a).
2-6 SECTION 3. Section 623.0112, Transportation Code, is amended
2-7 to read as follows:
2-8 Sec. 623.0112. ADDITIONAL ADMINISTRATIVE FEE. When a person
2-9 applies for a permit under Section 623.011, the person must pay in
2-10 addition to other fees an administrative fee adopted by department
2-11 rule in an amount not to exceed the direct and indirect cost to the
2-12 department of:
2-13 (1) [issuing a sticker under Section 623.011(d);]
2-14 [(2)] distributing fees under Section 621.353; and
2-15 (2) [(3)] notifying counties under Section 623.013.
2-16 SECTION 4. Sections 623.074(b) and (d), Transportation Code,
2-17 are amended to read as follows:
2-18 (b) The application must:
2-19 (1) be in writing;
2-20 (2) state the kind of equipment to be operated;
2-21 (3) describe the equipment;
2-22 (4) give the weight and dimensions of the equipment;
2-23 (5) give the width, height, and length of the
2-24 equipment; and
2-25 (6) state the kind of commodity to be transported and
2-26 the weight of the total load[; and]
2-27 [(7) be dated and signed by the applicant].
2-28 (d) The department may by rule authorize an applicant to
2-29 submit an application electronically. [An electronically submitted
2-30 application shall be considered signed if a digital signature is
2-31 transmitted with the application and intended by the applicant to
2-32 authenticate the application. For purposes of this subsection,
2-33 "digital signature" means an electronic identifier intended by the
2-34 person using it to have the same force and effect as the use of a
2-35 manual signature.]
2-36 SECTION 5. Section 623.123, Transportation Code, is amended
2-37 to read as follows:
2-38 Sec. 623.123. APPLICATION. The application for a permit
2-39 under Section 623.121 must:
2-40 (1) be in writing;
2-41 (2) state the make and model of the portable building
2-42 unit or units;
2-43 (3) state the length and width of the portable
2-44 building unit or units;
2-45 (4) state the make and model of the towing vehicle;
2-46 (5) state the length and width of the towing vehicle;
2-47 (6) state the length and width of the combined
2-48 portable building unit or units and towing vehicle;
2-49 (7) state each highway over which the portable
2-50 building unit or units are to be moved; and
2-51 (8) indicate the point of origin and destination[; and]
2-52 [(9) be dated and signed by the applicant].
2-53 SECTION 6. The importance of this legislation and the
2-54 crowded condition of the calendars in both houses create an
2-55 emergency and an imperative public necessity that the
2-56 constitutional rule requiring bills to be read on three several
2-57 days in each house be suspended, and this rule is hereby suspended,
2-58 and that this Act take effect and be in force from and after its
2-59 passage, and it is so enacted.
2-60 * * * * *