By Armbrister S.B. No. 816
77R5741 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the commissioners court of a county to
1-3 regulate the movement of an oversize manufactured house on certain
1-4 county roads, bridges, or culverts; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 623.092, Transportation Code, is amended
1-7 to read as follows:
1-8 Sec. 623.092. PERMIT REQUIREMENT. (a) A manufactured house
1-9 in excess of legal size limits for a motor vehicle may not be moved
1-10 over a highway, road, or street in this state except in accordance
1-11 with a permit issued by the department. In a county that requires
1-12 a permit for the movement of a manufactured house under Section
1-13 623.105, a manufactured house in excess of legal size limits for a
1-14 motor vehicle may not be moved over a county road, bridge, or
1-15 culvert except in accordance with a permit issued by that county.
1-16 (b) A [county or] municipality may not require a permit,
1-17 bond, fee, or license, in addition to that required by state law,
1-18 for the movement of a manufactured house.
1-19 SECTION 2. The heading to Section 623.093, Transportation
1-20 Code, is amended to read as follows:
1-21 Sec. 623.093. CONTENTS OF APPLICATION FOR PERMIT FROM
1-22 DEPARTMENT AND PERMIT.
1-23 SECTION 3. Section 623.093(a), Transportation Code, is
1-24 amended to read as follows:
2-1 (a) The application for a permit from the department and a
2-2 [the] permit issued by the department must be in the form
2-3 prescribed by the department. The permit must show:
2-4 (1) the length, width, and height of the manufactured
2-5 house and the towing vehicle in combination;
2-6 (2) the complete identification or serial number, the
2-7 Department of Housing and Urban Development label number, or the
2-8 state seal number of the house;
2-9 (3) the name of the owner of the house;
2-10 (4) the location from which the house is being
2-11 transported;
2-12 (5) the location to which the house is being
2-13 transported; and
2-14 (6) the route for the transportation of the house.
2-15 SECTION 4. Section 623.094(b), Transportation Code, is
2-16 amended to read as follows:
2-17 (b) The license or registration number of the person to whom
2-18 the department issues the permit [is issued] shall be affixed to
2-19 the rear of the manufactured house during transportation and have
2-20 letters and numbers that are at least eight inches high.
2-21 SECTION 5. Sections 623.096 and 623.097, Transportation
2-22 Code, are amended to read as follows:
2-23 Sec. 623.096. [PERMIT] FEE FOR PERMIT ISSUED BY DEPARTMENT.
2-24 (a) The department shall collect a fee of $20 for each permit
2-25 issued by the department under this subchapter. Of each fee
2-26 collected by the department, 30 cents shall be deposited to the
2-27 credit of the state highway fund.
3-1 (b) The department shall adopt rules concerning fees for
3-2 each annual permit issued by the department under Section
3-3 623.095(c) at a cost not to exceed $1,500. Two percent of any fee
3-4 adopted shall be deposited to the credit of the state highway fund.
3-5 (c) The department may establish an escrow account for the
3-6 payment of [permit] fees for a permit issued by the department.
3-7 Sec. 623.097. DURATION OF PERMIT ISSUED BY DEPARTMENT. A
3-8 permit issued by the department is valid for a five-day period.
3-9 SECTION 6. Section 623.098(b), Transportation Code, is
3-10 amended to read as follows:
3-11 (b) Each beacon shall be operated during a move under a
3-12 permit issued by the department and while on a highway, road, or
3-13 street in this state.
3-14 SECTION 7. Section 623.100(a), Transportation Code, is
3-15 amended to read as follows:
3-16 (a) Movement authorized by a permit issued by the department
3-17 under this subchapter may be made on any day, except a national
3-18 holiday, but shall be made only during daylight hours.
3-19 SECTION 8. Section 623.104, Transportation Code, is amended
3-20 to read as follows:
3-21 Sec. 623.104. CIVIL AND GENERAL CRIMINAL PENALTIES. (a) A
3-22 person commits an offense if the person violates this subchapter.
3-23 An offense under this subsection is a Class C misdemeanor.
3-24 (b) A person convicted of an offense under Subsection (a)
3-25 may also be assessed a civil penalty of not less than $200 or more
3-26 than $500 for failure to:
3-27 (1) obtain a permit from the department;
4-1 (2) have a required rotating amber beacon on the
4-2 manufactured house or towing vehicle;
4-3 (3) provide a required escort flag vehicle; or
4-4 (4) have the required insurance.
4-5 (c) The civil penalty:
4-6 (1) may be awarded by a court having jurisdiction over
4-7 a Class C misdemeanor; and
4-8 (2) shall be paid to the county in which the person
4-9 was convicted.
4-10 (d) Subsections (b) and (c) do not apply to an offense under
4-11 Section 623.105(f).
4-12 SECTION 9. Subchapter E, Chapter 623, Transportation Code,
4-13 is amended by adding Section 623.105 to read as follows:
4-14 Sec. 623.105. COUNTY PERMIT FOR MOVEMENT OF MANUFACTURED
4-15 HOUSE. (a) The commissioners court of a county may require a
4-16 permit for the movement of a manufactured house in excess of legal
4-17 size limits for a motor vehicle over a county road, bridge, or
4-18 culvert that has a load limitation established under Subchapter B
4-19 of Chapter 621 or Section 621.301.
4-20 (b) In a county in which a permit for the movement of a
4-21 manufactured house is required, a person may not move a
4-22 manufactured house in excess of legal size limits for a motor
4-23 vehicle over a county road, bridge, or culvert that has a load
4-24 limitation established under Subchapter B of Chapter 621 or Section
4-25 621.301, unless the person:
4-26 (1) holds a permit issued by the commissioners court
4-27 of the county or a person designated by the commissioners court
5-1 that authorizes the movement of the manufactured house in the
5-2 county; and
5-3 (2) moves the manufactured house over the route
5-4 approved by the commissioners court or person designated by the
5-5 court.
5-6 (c) The commissioners court of a county may impose a
5-7 nonrefundable application fee not to exceed $10 for a permit under
5-8 Subsection (b).
5-9 (d) If the person applying for a permit under Subsection (b)
5-10 holds a permit issued by the department for the movement of the
5-11 manufactured house, the person's application must be accompanied by
5-12 a copy of:
5-13 (1) the permit issued by the department; and
5-14 (2) any bond or letter of credit required for that
5-15 permit.
5-16 (e) A permit issued under Subsection (b) must be:
5-17 (1) carried in the vehicle moving a manufactured house
5-18 in the county of issuance; and
5-19 (2) displayed to any peace officer on the officer's
5-20 request.
5-21 (f) A person commits an offense if the person:
5-22 (1) moves a manufactured house in a county that
5-23 requires a permit for the movement of the manufactured house:
5-24 (A) without a permit issued under Subsection
5-25 (b); or
5-26 (B) over a route that is not approved for that
5-27 movement; or
6-1 (2) fails to carry or display a permit in violation of
6-2 Subsection (e).
6-3 (g) An offense under Subsection (f) is a Class C
6-4 misdemeanor.
6-5 SECTION 10. This Act takes effect September 1, 2001. The
6-6 change in law made by this Act applies only to the movement of a
6-7 manufactured house that occurs on or after that date. The movement
6-8 of a manufactured house that occurred before September 1, 2001, is
6-9 governed by the law in effect on the date the movement occurred,
6-10 and the former law is continued in effect for that purpose.