By Brown                                               S.B. No. 545
         77R5587 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the operation of overweight motor vehicles and the
 1-3     transportation of oversize or overweight commodities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 623.0111(a), Transportation Code, is
 1-6     amended to read as follows:
 1-7           (a)  When a person applies for a permit under Section
 1-8     623.011, the person must:
 1-9                 (1)  designate in the application each county in which
1-10     the vehicle will be operated; and
1-11                 (2)  pay in addition to other fees an annual fee in an
1-12     amount determined according to the following table:
1-13       Number of Counties Designated                     Fee
1-14                    1-20                                 $425 [$125]
1-15                   21-40                                 $675 [$345]
1-16                   41-60                                 $725 [$565]
1-17                   61-80                                 $785
1-18                   81-100                              $1,005
1-19                  101-254                              $2,000
1-20           SECTION 2.  Section 623.012(b), Transportation Code, is
1-21     amended to read as follows:
1-22           (b)  The bond or letter of credit must:
1-23                 (1)  be in the amount of $30,000 [$15,000] payable to
1-24     the department and the counties of this state;
 2-1                 (2)  be conditioned that the applicant will pay the
 2-2     department for any damage to a state highway, and a county for any
 2-3     damage to a road or bridge of the county, caused by the operation
 2-4     of the vehicle for which the permit is issued at a heavier weight
 2-5     than the maximum weights authorized by Subchapter B of Chapter 621
 2-6     or Section 621.301; and
 2-7                 (3)  provide that the issuer is to notify the
 2-8     department and the applicant in writing promptly after a payment is
 2-9     made by the issuer on the bond or letter of credit.
2-10           SECTION 3.  Subchapter B, Chapter 623, Transportation Code,
2-11     is amended by adding Section 623.0135 to read as follows:
2-12           Sec. 623.0135.  APPROVAL OF ROUTE BY COUNTY.  A holder of a
2-13     permit issued under Section 623.011 may operate the vehicle on a
2-14     county road or bridge or over a county culvert with a load
2-15     limitation established under Subchapter B of Chapter 621 or Section
2-16     621.301 of a county designated in the permit application only with
2-17     the approval of the county judge, or a person designated by the
2-18     county judge.
2-19           SECTION 4.  Section 623.016(c), Transportation Code, is
2-20     amended to read as follows:
2-21           (c)  Venue for a suit by a county is in district court in:
2-22                 (1)  the county in which the defendant resides;
2-23                 (2)  the county in which the defendant has its
2-24     principal place of business in this state [if the defendant is a
2-25     corporation or partnership]; or
2-26                 (3)  the county in which the damage occurred [if the
2-27     defendant is a corporation or partnership that does not have a
 3-1     principal place of business in this state].
 3-2           SECTION 5. (a)  This Act takes effect September 1, 2001.
 3-3           (b)  The changes in law made by this Act to Sections 623.0111
 3-4     and 623.012, Transportation Code, apply only to an application for
 3-5     a permit under Section 623.011, Transportation Code, that is filed
 3-6     on or after September 1, 2001. An application for a permit under
 3-7     Section 623.011, Transportation Code, filed before September 1,
 3-8     2001, is governed by the law in effect on the date the application
 3-9     was filed and the former law is continued in effect for that
3-10     purpose.
3-11           (c)  Section 623.0135, Transportation Code, as added by this
3-12     Act, applies only to the operation of a vehicle on a county road or
3-13     bridge or over a county culvert that occurs on or after September
3-14     1, 2001.
3-15           (d)  The change in law made by this Act to Section 623.016,
3-16     Transportation Code, applies only to a suit by a county to recover
3-17     on a bond or letter of credit under that section that is filed on
3-18     or after September 1, 2001.