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79R7907 JD-F
By: Rose H.B. No. 2251
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the commissioners court of a county to
regulate the movement of an oversize manufactured house on certain
county roads, bridges, or culverts; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 623.092, Transportation Code, is
amended to read as follows:
Sec. 623.092. PERMIT REQUIREMENT. (a) A manufactured
house in excess of legal size limits for a motor vehicle may not be
moved over a highway, road, or street in this state except in
accordance with a permit issued by the department. In a county that
requires a permit for the movement of a manufactured house under
Section 623.106, a manufactured house in excess of legal size
limits for a motor vehicle may not be moved over a county road,
bridge, or culvert except in accordance with a permit issued by that
county.
(b) A [county or] municipality may not require a permit,
bond, fee, or license, in addition to that required by state law,
for the movement of a manufactured house.
SECTION 2. The heading to Section 623.093, Transportation
Code, is amended to read as follows:
Sec. 623.093. CONTENTS OF APPLICATION FOR PERMIT FROM
DEPARTMENT AND PERMIT.
SECTION 3. Section 623.093(a), Transportation Code, is
amended to read as follows:
(a) The application for a permit from the department and a
[the] permit issued by the department must be in the form prescribed
by the department. The permit must show:
(1) the length, width, and height of the manufactured
house and the towing vehicle in combination;
(2) the complete identification or serial number, the
Department of Housing and Urban Development label number, or the
state seal number of the house;
(3) the name of the owner of the house;
(4) the location from which the house is being
transported;
(5) the location to which the house is being
transported; and
(6) the route for the transportation of the house.
SECTION 4. Section 623.094(b), Transportation Code, is
amended to read as follows:
(b) The license or registration number of the person to whom
the department issues the permit [is issued] shall be affixed to the
rear of the manufactured house during transportation and have
letters and numbers that are at least eight inches high.
SECTION 5. Sections 623.096 and 623.097, Transportation
Code, are amended to read as follows:
Sec. 623.096. [PERMIT] FEE FOR PERMIT ISSUED BY DEPARTMENT.
(a) The department shall collect a fee of $20 for each permit
issued by the department under this subchapter. Of each fee
collected by the department, 30 cents shall be deposited to the
credit of the state highway fund.
(b) The department shall adopt rules concerning fees for
each annual permit issued by the department under Section
623.095(c) at a cost not to exceed $1,500. Two percent of any fee
adopted shall be deposited to the credit of the state highway fund.
(c) The department may establish an escrow account for the
payment of [permit] fees for a permit issued by the department.
Sec. 623.097. DURATION OF PERMIT ISSUED BY DEPARTMENT. A
permit issued by the department is valid for a five-day period.
SECTION 6. Section 623.098(b), Transportation Code, is
amended to read as follows:
(b) Each beacon shall be operated during a move under a
permit issued by the department and while on a highway, road, or
street in this state.
SECTION 7. Section 623.100(a), Transportation Code, is
amended to read as follows:
(a) Movement authorized by a permit issued by the department
under this subchapter may be made on any day, except a national
holiday, but shall be made only during daylight hours.
SECTION 8. The heading to Section 623.104, Transportation
Code, is amended to read as follows:
Sec. 623.104. CIVIL AND GENERAL CRIMINAL PENALTIES.
SECTION 9. Section 623.104, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (f) to read as
follows:
(b) A person convicted of an offense under Subsection (a)
may also be assessed a civil penalty of not less than $200 or more
than $500 for failure to:
(1) obtain a permit from the department;
(2) have a required rotating amber beacon on the
manufactured house or towing vehicle;
(3) provide a required escort flag vehicle; or
(4) have the required insurance.
(f) Subsections (b) and (c) do not apply to an offense under
Section 623.106(f).
SECTION 10. Subchapter E, Chapter 623, Transportation
Code, is amended by adding Section 623.106 to read as follows:
Sec. 623.106. COUNTY PERMIT FOR MOVEMENT OF MANUFACTURED
HOUSE. (a) The commissioners court of a county may 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) In a county in which a permit for the movement of a
manufactured house is required, a person may not move 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, unless the person:
(1) holds a permit issued by the commissioners court
of the county or a person designated by the commissioners court that
authorizes the movement of the manufactured house in the county;
and
(2) moves the manufactured house over the route
approved by the commissioners court or person designated by the
court.
(c) The commissioners court of a county may impose a
nonrefundable application fee not to exceed $10 for a permit under
Subsection (b).
(d) If the person applying for a permit under Subsection (b)
holds a permit issued by the department for the movement of the
manufactured house, the person's application must be accompanied by
a copy of:
(1) the permit issued by the department; and
(2) any bond or letter of credit required for that
permit.
(e) A permit issued under Subsection (b) must be:
(1) carried in the vehicle moving a manufactured house
in the county of issuance; and
(2) displayed to any peace officer on the officer's
request.
(f) A person commits an offense if the person:
(1) moves a manufactured house in a county that
requires a permit for the movement of the manufactured house:
(A) without a permit issued under Subsection (b);
or
(B) over a route that is not approved for that
movement; or
(2) fails to carry or display a permit in violation of
Subsection (e).
(g) An offense under Subsection (f) is a Class C
misdemeanor.
SECTION 11. The change in law made by this Act applies only
to the movement of a manufactured house that occurs on or after
September 1, 2005. The movement of a manufactured house that
occurred before September 1, 2005, is governed by the law in effect
on the date the movement occurred, and the former law is continued
in effect for that purpose.
SECTION 12. This Act takes effect September 1, 2005.