79R13009 JRJ-F
By: Hamric, Otto H.B. No. 1882
Substitute the following for H.B. No. 1882:
By: Deshotel C.S.H.B. No. 1882
A BILL TO BE ENTITLED
AN ACT
relating to permits issued for moving certain heavy equipment over
certain highways.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 623, Transportation Code,
is amended by adding Section 623.0711 to read as follows:
Sec. 623.0711. SEALED OCEAN CONTAINERS. (a) The
department may consider sealed ocean containers to be superheavy
equipment that cannot reasonably be dismantled.
(b) The Texas Transportation Commission shall by rule
establish procedures to issue an annual permit for transporting
sealed ocean containers over a state highway in the same manner as
provided by Section 623.071 if:
(1) the containers are used to pack, ship, move, or
transport plastic resin or paper; and
(2) the proposed movement of the containers to a port
or intermodal hub as defined by Section 370.003 located in this
state does not exceed 75 miles from the point of loading.
(c) The Texas Transportation Commission may by rule
establish procedures to issue a single trip permit for transporting
sealed ocean containers that meet the requirements of Subsection
(b) over a state highway in the same manner as provided by Section
623.071.
(d) The fee for a permit issued under this section shall be
sent to the comptroller for deposit to the credit of the state
highway fund. Fees deposited in the state highway fund under this
section are exempt from the application of Section 403.095,
Government Code.
(e) The commissioners court of a county may designate to the
department the route in the county to be used by a vehicle operating
over a county road under a permit issued under this section. The
department shall provide a permit holder with a map of each route
designated under this subsection. If the commissioners court does
not designate a route under this subsection, a vehicle operating
under a permit issued under this section may not operate over a
county road in that county.
SECTION 2. Section 621.102(e), Transportation Code, is
amended to read as follows:
(e) A vehicle operating under a permit issued under Section
623.011, 623.071, 623.0711, 623.094, 623.121, 623.142, 623.181,
623.192, or 623.212 may operate under the conditions authorized by
the permit over a road for which the commission has set a maximum
weight under this section.
SECTION 3. Section 621.301(e), Transportation Code, is
amended to read as follows:
(e) A vehicle operating under a permit issued under Section
623.011, 623.071, 623.0711, 623.094, 623.121, 623.142, 623.181,
623.192, or 623.212 may operate under the conditions authorized by
the permit over a road for which the commissioners court has set a
maximum weight under this section.
SECTION 4. Section 623.015, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) The holder of a permit issued under Section 623.0711 who
has filed the bond or letter of credit required for the permit is
liable to the county only for the actual damage to a county road,
bridge, or culvert with a load limitation established under
Subchapter B of Chapter 621 or Section 621.301 caused by the
operation of the vehicle in excess of the limitation.
SECTION 5. Section 623.072(a), Transportation Code, is
amended to read as follows:
(a) A municipality having a state highway in its territory
shall designate to the department the route in the municipality to
be used by equipment described by Section 623.071 or 623.0711
operating over the state highway. The department shall show the
designated route on each map routing the equipment.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.