By:  Bernsen                                          S.B. No. 1679
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the issuance of permits for the operation of certain
 1-2     vehicles that exceed maximum allowable weight limitations.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter E, Chapter 621, Transportation Code,
 1-5     is amended by adding Section 621.357 to read as follows:
 1-6           Sec. 621.357.  PAYMENT OF FEES BY GOVERNMENTAL
 1-7     ENTITIES.  Notwithstanding any other law, the department may not
 1-8     charge a governmental entity a fee for a permit issued by the
 1-9     department that authorizes the operation of a vehicle and its load
1-10     or a combination of vehicles and load exceeding size or weight
1-11     limitations.
1-12           SECTION 2.  Subsection (d)-(g), Section 623.011,
1-13     Transportation Code, are amended to read as follows:
1-14           [(d)  When the department issues a permit under this section,
1-15     the department shall issue a sticker to be placed on the front
1-16     windshield of the vehicle above the inspection certificate issued
1-17     to the vehicle.  The department shall design the form of the
1-18     sticker to aid in the enforcement of weight limits for vehicles.]
1-19           [(e)  The sticker must:]
1-20                 [(1)  indicate the expiration date of the permit; and]
1-21                 [(2)  be removed from the vehicle when:]
1-22                       [(A)  the permit for operation of the vehicle
 2-1     expires;]
 2-2                       [(B)  a lease of the vehicle expires; or]
 2-3                 [(C)  the vehicle is sold].
 2-4           [(f)  A person commits an offense if the person fails to
 2-5     display the sticker in the manner required by Subsection (d).  An
 2-6     offense under this subsection is a Class C misdemeanor.  Section
 2-7     623.019(g) applies to an offense under this subsection.]
 2-8           (d) [(g)]  A vehicle operating under a permit issued under
 2-9     this section may exceed the maximum allowable gross weight
2-10     tolerance allowance by not more than five percent, regardless of
2-11     the weight of any one axle or tandem axle, if no axle or tandem
2-12     axle exceeds the tolerance permitted by Subsection (a).
2-13           SECTION 3.  Section 623.0112, Transportation Code, is amended
2-14     to read as follows:
2-15           Sec. 623.0112.  ADDITIONAL ADMINISTRATIVE FEE.  When a person
2-16     applies for a permit under Section 623.011, the person must pay in
2-17     addition to other fees an administrative fee adopted by department
2-18     rule in an amount not to exceed the direct and indirect cost to the
2-19     department of:
2-20                 (1)  [issuing a sticker under Section 623.011(d);]
2-21                 [(2)]  distributing fees under Section 621.353; and
2-22                 (2) [(3)]  notifying counties under Section 623.013.
2-23           SECTION 4.  Subsections (b) and (d), Section 623.074,
2-24     Transportation Code, are amended to read as follows:
2-25           (b)  The application must:
2-26                 (1)  be in writing;
 3-1                 (2)  state the kind of equipment to be operated;
 3-2                 (3)  describe the equipment;
 3-3                 (4)  give the weight and dimensions of the equipment;
 3-4                 (5)  give the width, height, and length of the
 3-5     equipment; and
 3-6                 (6)  state the kind of commodity to be transported and
 3-7     the weight of the total load(; and
 3-8                 [(7)  be dated and signed by the applicant].
 3-9           (d)  The department may by rule authorize an applicant to
3-10     submit an application electronically.  [An electronically submitted
3-11     application shall be considered signed if a digital signature is
3-12     transmitted with the application and intended by the applicant to
3-13     authenticate the application.  For purposes of this subsection,
3-14     "digital signature" means an electronic identifier intended by the
3-15     person using it to have the same force and effect as the use of a
3-16     manual signature.]
3-17           SECTION 5.  Section 623.123, Transportation Code, is amended
3-18     to read as follows:
3-19           Sec. 623.123.  APPLICATION.  The application for a permit
3-20     under Section 62.121 must:
3-21                 (1)  be in writing;
3-22                 (2)  state the make and model of the portable building
3-23     unit or units;
3-24                 (3)  state the length and width of the portable
3-25     building unit or units;
3-26                 (4)  state the make and model of the towing vehicle;
 4-1                 (5)  state the length and width of the towing vehicle;
 4-2                 (6)  state the length and width of the combined
 4-3     portable building unit or units and towing vehicle;
 4-4                 (7)  state each highway over which the portable
 4-5     building unit or units are to be moved; and
 4-6                 (8)  indicate the point of origin and destination[; and]
 4-7                 [(9)  be dated and signed by the applicant].
 4-8           SECTION 6.  The importance of this legislation and the
 4-9     crowded condition of the calendars in both houses create an
4-10     emergency and an imperative public necessity that the
4-11     constitutional rule requiring bills to be read on three several
4-12     days in each house be suspended, and this rule is hereby suspended,
4-13     and that this Act take effect and be in force from and after its
4-14     passage, and it is so enacted.