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.