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.