SRC-JEC S.B. 1702 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1702
78R7758 TBy: Wentworth
Infrastructure Development and Security
5/1/2003
As Filed


DIGEST AND PURPOSE 

In some cases, county roads are not built to a standard that will
routinely support heavy or oversized loads.  Some manufactured homes
exceed the weight and size limits of roads and cause damage that can be
financially burdensome for a county.  As proposed, S.B. 1702 authorizes a
county to require a permit to move a manufactured home over a county road,
bridge, or culvert, in the county. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 623.092, Transportation Code, as follows:

(a)  Prohibits, in a county that requires a permit for the movement of a
manufactured house under Section 623.105, moving a manufactured house in
excess of legal size limits for a motor vehicle over a county road,
bridge, or culvert, except in accordance with a permit issued by that
county. 

(b)  Removes a county from the prohibition against requiring a permit,
bond, fee, or license, in addition to that required by state law, for the
movement of a manufactured house. 

SECTION 2.  Amends the heading to Section 623.093, Transportation Code, to
read as follows: 

Sec. 623.093.  CONTENTS OF APPLICATION FOR PERMIT FROM DEPARTMENT AND
PERMIT. 

SECTION 3.  Amends Section 623.093(a), Transportation Code, to describe
the elements that must be included in the application for a permit from
the Texas Department of Transportation (TxDOT). 

SECTION  4.  Amends Section 623.094(b), Transportation Code, to make
conforming changes. 

SECTION  5.  Amends Sections 623.096 and 623.097, Transportation Code, as
follows: 

Sec. 623.096.  New heading:  FEE FOR PERMIT ISSUED BY DEPARTMENT.  (a)
Makes conforming changes. 

(b)  Makes conforming changes.

(c)  Makes conforming changes.

SECTION 6.  Amends Section 623.098(b), Transportation Code, to make
conforming changes. 

 SECTION 7.  Amends Section 623.100(a), Transportation Code, to make a
conforming change. 

SECTION 8.  Amends Section 623.104, Transportation Code, as follows:  

Sec. 623.104.  New heading:  CIVIL AND GENERAL CRIMINAL PENALTIES.  (a)
No changes made to this subsection.   

(b)  Makes a conforming change.

(c)  No changes made to this subsection.

(d)  Provides that Subsections (b) and (c) do not apply to an offense
under Section 623.105(f). 

SECTION  9.  Amends Subchapter E, Chapter 623, Transportation Code, by
adding Section 623.105, as follows: 

Sec. 623.105.  COUNTY PERMIT FOR MOVEMENT OF MANUFACTURED HOUSE. (a)
Authorizes the commissioners court of a county to require a permit for the
movement of a manufactured house in excess of legal size limits for a
motor vehicle over a county road, bridge, or culvert that has a load
limitation established under  Subchapter B of Chapter 621 or Section
621.301. 

(b)  Prohibits a person, in a county in which a permit for the movement of
a manufactured house is required, from moving a manufactured house in
excess of legal size limits for a motor vehicle over a county road,
bridge, or culvert that has a load limitation established under Subchapter
B, Chapter 621 or Section 621.301, unless the person meets certain
criteria. 

(c)  Authorizes the commissioners court of a county to impose a
nonrefundable application fee not to exceed $50 for a permit under
Subsection (b). 

(d)  Requires a person's application for a permit under Subsection (b), if
the person holds a permit issued by TxDOT, to be accompanied by certain
information. 

(e)  Sets forth requirements for a permit issued under Subsection (b).

(f)  Sets forth actions constituting an offense.

(g)  Provides that an offense under Subsection (f) is a Class C
misdemeanor. 

SECTION  10.  Effective date:  September 1, 2003.
    Makes application of this Act prospective.