82R5270 NAJ-F

By: McClendon H.B. No. 1363

A BILL TO BE ENTITLED

AN ACT

relating to the transfer of certain functions related to oversize and overweight vehicles from the Texas Department of Transportation to the Texas Department of Motor Vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 621.001(2), (3), and (4), Transportation Code, are amended to read as follows:

(2) "Board" ["Commission"] means the board of the Texas Department of Motor Vehicles [Transportation Commission].

(3) "Department" means the Texas Department of Motor Vehicles [Transportation].

(4) "Director" means the executive director of the Texas Department of Motor Vehicles [Transportation].

SECTION 2. Section 621.003(a), Transportation Code, is amended to read as follows:

(a) The board [commission] by rule may authorize the director to enter into with the proper authority of another state an agreement that authorizes:

(1) the authority of the other state to issue on behalf of the department to the owner or operator of a vehicle, or combination of vehicles, that exceeds the weight or size limits allowed by this state a permit that authorizes the operation or transportation on a highway in this state of the vehicle or combination of vehicles; and

(2) the department to issue on behalf of the authority of the other state to the owner or operator of a vehicle, or combination of vehicles, that exceeds the weight or size limits allowed by that state a permit that authorizes the operation or transportation on a highway of that state of the vehicle or combination of vehicles.

SECTION 3. The heading to Section 621.102, Transportation Code, is amended to read as follows:

Sec. 621.102. BOARD'S [COMMISSION'S] AUTHORITY TO SET MAXIMUM WEIGHTS.

SECTION 4. Sections 621.102(a), (b), (c), (d), (e), and (f), Transportation Code, are amended to read as follows:

(a) The board [commission] may set the maximum single axle weight, tandem axle weight, or gross weight of a vehicle, or maximum single axle weight, tandem axle weight, or gross weight of a combination of vehicles and loads, that may be moved over a state highway or a farm or ranch road if the board [commission] finds that heavier maximum weight would rapidly deteriorate or destroy the road or a bridge or culvert along the road. A maximum weight set under this subsection may not exceed the maximum set by statute for that weight.

(b) The board [commission] must set a maximum weight under this section by order entered in its minutes.

(c) The board [commission] must make the finding under this section on an engineering and traffic investigation conducted by the Texas Department of Transportation and in making the finding shall consider the width, condition, and type of pavement structures and other circumstances on the road.

(d) A maximum weight or load set under this section becomes effective on a highway or road when appropriate signs giving notice of the maximum weight or load are erected on the highway or road under order of the board [commission].

(e) A vehicle operating under a permit issued under Section 623.011, 623.071, 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 board [commission] has set a maximum weight under this section.

(f) For the purpose of this section, a farm or ranch road is a state highway that is shown in the records of the Texas Transportation Commission [commission] to be a farm-to-market or ranch-to-market road.

SECTION 5. The heading to Section 621.202, Transportation Code, is amended to read as follows:

Sec. 621.202. BOARD'S [COMMISSION'S] AUTHORITY TO SET MAXIMUM WIDTH.

SECTION 6. Section 621.202(a), Transportation Code, is amended to read as follows:

(a) To comply with safety and operational requirements of federal law, the board [commission] by order may set the maximum width of a vehicle, including the load on the vehicle, at eight feet for a designated highway or segment of a highway if the results of an engineering and traffic study that includes an analysis of structural capacity of bridges and pavements, traffic volume, unique climatic conditions, and width of traffic lanes support the change.

SECTION 7. Section 621.301(b), Transportation Code, is amended to read as follows:

(b) The commissioners court may limit the maximum weights to be moved on or over a county road, bridge, or culvert by exercising its authority under this subsection in the same manner and under the same conditions provided by Section 621.102 for the board [commission] to limit maximum weights on highways and roads to which that section applies.

SECTION 8. Section 621.352(a), Transportation Code, is amended to read as follows:

(a) The board [commission] by rule may establish fees for the administration of Section 621.003 in an amount that, when added to the other fees collected by the department, does not exceed the amount sufficient to recover the actual cost to the department of administering that section. An administrative fee collected under this section shall be sent to the comptroller for deposit to the credit of the state highway fund and may be appropriated only to the department for the administration of Section 621.003.

SECTION 9. Section 621.356, Transportation Code, is amended to read as follows:

Sec. 621.356. FORM OF PAYMENT. The board [commission] may adopt rules prescribing the method for payment of a fee for a permit issued by the department that authorizes the operation of a vehicle and its load or a combination of vehicles and load exceeding size or weight limitations. The rules may:

(1) authorize the use of electronic funds transfer or a credit card issued by:

(A) a financial institution chartered by a state or the federal government; or

(B) a nationally recognized credit organization approved by the board [commission]; and

(2) require the payment of a discount or service charge for a credit card payment in addition to the fee.

SECTION 10. Section 621.504, Transportation Code, is amended to read as follows:

Sec. 621.504. BRIDGE OR UNDERPASS CLEARANCE. A person may not operate or attempt to operate a vehicle over or on a bridge or through an underpass or similar structure unless the height of the vehicle, including load, is less than the vertical clearance of the structure as shown by the records of the Texas Department of Transportation [department].

SECTION 11. Section 622.001, Transportation Code, is amended to read as follows:

Sec. 622.001. DEFINITION. In this chapter, "department" means the Texas Department of Motor Vehicles [Transportation].

SECTION 12. Section 622.101(a), Transportation Code, is amended to read as follows:

(a) A single motor vehicle used exclusively to transport chile pepper modules, seed cotton, cotton, cotton burrs, or equipment used to transport or process chile pepper modules or cotton, including a motor vehicle or burr spreader, may not be operated on a highway or road if the vehicle is:

(1) wider than 10 feet and the highway has not been designated by the board of the Texas Department of Motor Vehicles [commission] under Section 621.202;

(2) longer than 48 feet; or

(3) higher than 14 feet 6 inches.

SECTION 13. Section 623.001, Transportation Code, is amended by amending Subdivision (1) and adding Subdivision (4) to read as follows:

(1) "Department" means the Texas Department of Motor Vehicles [Transportation].

(4) "Board" means the board of the Texas Department of Motor Vehicles.

SECTION 14. Section 623.0113(a), Transportation Code, is amended to read as follows:

(a) Except as provided by Subsection (b), a permit issued under Section 623.011 does not authorize the operation of a vehicle on:

(1) the national system of interstate and defense highways in this state if the weight of the vehicle is greater than authorized by federal law; or

(2) a bridge for which a maximum weight and load limit has been established and posted by the board [Texas Transportation Commission] under Section 621.102 or the commissioners court of a county under Section 621.301, if the gross weight of the vehicle and load or the axles and wheel loads are greater than the limits established and posted under those sections.

SECTION 15. Sections 623.012(a), (b), and (c), Transportation Code, are amended to read as follows:

(a) An applicant for a permit under Section 623.011, other than a permit to operate a vehicle loaded with timber or pulp wood, wood chips, cotton, or agricultural products in their natural state, shall file with the Texas Department of Transportation [department]:

(1) a blanket bond; or

(2) an irrevocable letter of credit issued by a financial institution the deposits of which are guaranteed by the Federal Deposit Insurance Corporation.

(b) The bond or letter of credit must:

(1) be in the amount of $15,000 payable to the Texas Department of Transportation [department] and the counties of this state;

(2) be conditioned that the applicant will pay the Texas Department of Transportation [department] for any damage to a state highway, and a county for any damage to a road or bridge of the county, caused by the operation of the vehicle for which the permit is issued at a heavier weight than the maximum weights authorized by Subchapter B of Chapter 621 or Section 621.301; and

(3) provide that the issuer is to notify the Texas Department of Transportation [department] and the applicant in writing promptly after a payment is made by the issuer on the bond or letter of credit.

(c) If an issuer of a bond or letter of credit pays under the bond or letter of credit, the permit holder shall file with the Texas Department of Transportation [department] before the 31st day after the date on which the payment is made:

(1) a replacement bond or letter of credit in the amount prescribed by Subsection (b) for the original bond or letter of credit; or

(2) a notification from the issuer of the existing bond or letter of credit that the bond or letter of credit has been restored to the amount prescribed by Subsection (b).

SECTION 16. Sections 623.016(a) and (b), Transportation Code, are amended to read as follows:

(a) The Texas Department of Transportation [department] or a county may recover on the bond or letter of credit required for a permit issued under Section 623.011 only by a suit against the permit holder and the issuer of the bond or letter of credit.

(b) Venue for a suit by the Texas Department of Transportation [department] is in a district court in:

(1) the county in which the defendant resides;

(2) the county in which the defendant has its principal place of business in this state if the defendant is a corporation or partnership; or

(3) Travis County if the defendant is a corporation or partnership that does not have a principal place of business in this state.

SECTION 17. Section 623.051, Transportation Code, is amended to read as follows:

Sec. 623.051. CONTRACT ALLOWING OVERSIZE OR OVERWEIGHT VEHICLE TO CROSS ROAD; SURETY BOND. (a) A person may operate a vehicle that cannot comply with one or more of the restrictions of Subchapter C of Chapter 621 or Section 621.101 to cross the width of any road or highway under the jurisdiction of the Texas Department of Transportation [department], other than a controlled access highway as defined by Section 203.001, from private property to other private property if the person contracts with the Texas Transportation Commission [commission] to indemnify the Texas Department of Transportation [department] for the cost of maintenance and repair of the part of the highway crossed by the vehicle.

(b) The Texas Transportation Commission [commission] shall adopt rules relating to the forms and procedures to be used under this section and other matters that the commission considers necessary to carry out this section.

(c) To protect the safety of the traveling public, minimize any delays and inconveniences to the operators of vehicles in regular operation, and assure payment for the added wear on the highways in proportion to the reduction of service life, the Texas Transportation Commission [commission], in adopting rules under this section, shall consider:

(1) the safety and convenience of the general traveling public;

(2) the suitability of the roadway and subgrade on the road or highway to be crossed, variation in soil grade prevalent in the different regions of the state, and the seasonal effects on highway load capacity, the highway shoulder design, and other highway geometrics; and

(3) the state's investment in its highway system.

(d) Before exercising any right under a contract under this section, a person must execute with a corporate surety authorized to do business in this state a surety bond in an amount determined by the Texas Transportation Commission [commission] to compensate for the cost of maintenance and repairs as provided by this section. The bond must be approved by the comptroller and the attorney general and must be conditioned on the person fulfilling the obligations of the contract.

SECTION 18. Section 623.052(b), Transportation Code, is amended to read as follows:

(b) Before a person may operate a vehicle under this section, the person must:

(1) contract with the Texas Department of Transportation [department] to indemnify the Texas Department of Transportation [department] for the cost of the maintenance and repair for damage caused by a vehicle crossing that part of the highway; and

(2) execute an adequate surety bond to compensate for the cost of maintenance and repair, approved by the comptroller and the attorney general, with a corporate surety authorized to do business in this state, conditioned on the person fulfilling each obligation of the agreement.

SECTION 19. Section 623.075(a), Transportation Code, is amended to read as follows:

(a) Before the department may issue a permit under this subchapter, the applicant shall file with the Texas Department of Transportation [department] a bond in an amount set by the Texas Department of Transportation [department], payable to the Texas Department of Transportation [department], and conditioned that the applicant will pay to the Texas Department of Transportation [department] any damage that might be sustained to the highway because of the operation of the equipment for which a permit is issued.

SECTION 20. Sections 623.076(b) and (c), Transportation Code, are amended to read as follows:

(b) The board [Texas Transportation Commission] may adopt rules for the payment of a fee under Subsection (a). The rules may:

(1) authorize the use of electronic funds transfer;

(2) authorize the use of a credit card issued by:

(A) a financial institution chartered by a state or the United States; or

(B) a nationally recognized credit organization approved by the board [Texas Transportation Commission]; and

(3) require the payment of a discount or service charge for a credit card payment in addition to the fee prescribed by Subsection (a).

(c) An application for a permit under Section 623.071(c)(3) or (d) must be accompanied by the permit fee established by the board [commission] for the permit, not to exceed $7,000. Of each fee collected under this subsection, the department shall send:

(1) the first $1,000 to the comptroller for deposit to the credit of the general revenue fund; and

(2) any amount in excess of $1,000 to the comptroller for deposit to the credit of the state highway fund.

SECTION 21. Sections 623.145 and 623.146, Transportation Code, are amended to read as follows:

Sec. 623.145. RULES; FORMS AND PROCEDURES; FEES. (a) The board [Texas Transportation Commission] by rule shall provide for the issuance of permits under this subchapter. The rules must include each matter the board [commission] determines necessary to implement this subchapter and:

(1) requirements for forms and procedures used in applying for a permit;

(2) conditions with regard to route and time of movement;

(3) requirements for flags, flaggers, and warning devices;

(4) the fee for a permit; and

(5) standards to determine whether a permit is to be issued for one trip only or for a period established by the board [commission].

(b) In adopting a rule or establishing a fee, the board [commission] shall consider and be guided by:

(1) the state's investment in its highway system;

(2) the safety and convenience of the general traveling public;

(3) the registration or license fee paid on the vehicle for which the permit is requested;

(4) the fees paid by vehicles operating within legal limits;

(5) the suitability of roadways and subgrades on the various classes of highways of the system;

(6) the variation in soil grade prevalent in the different regions of the state;

(7) the seasonal effects on highway load capacity;

(8) the highway shoulder design and other highway geometrics;

(9) the load capacity of the highway bridges;

(10) administrative costs;

(11) added wear on highways; and

(12) compensation for inconvenience and necessary delays to highway users.

Sec. 623.146. VIOLATION OF RULE. A permit under this subchapter is void on the failure of an owner or the owner's representative to comply with a rule of the board [commission] or with a condition placed on the permit, and immediately on the violation, further movement over the highway of an oversize or overweight vehicle violates the law regulating the size or weight of a vehicle on a public highway.

SECTION 22. Sections 623.195 and 623.196, Transportation Code, are amended to read as follows:

Sec. 623.195. RULES; FORMS AND PROCEDURES; FEES. (a) The board [Texas Transportation Commission] by rule shall provide for the issuance of a permit under this subchapter. The rules must include each matter the board [commission] determines necessary to implement this subchapter and:

(1) requirements for forms and procedures used in applying for a permit;

(2) conditions with regard to route and time of movement;

(3) requirements for flags, flaggers, and warning devices;

(4) the fee for a permit; and

(5) standards to determine whether a permit is to be issued for one trip only or for a period established by the board [commission].

(b) In adopting a rule or establishing a fee, the board [commission] shall consider and be guided by:

(1) the state's investment in its highway system;

(2) the safety and convenience of the general traveling public;

(3) the registration or license fee paid on the vehicle for which the permit is requested;

(4) the fees paid by vehicles operating within legal limits;

(5) the suitability of roadways and subgrades on the various classes of highways of the system;

(6) the variation in soil grade prevalent in the different regions of the state;

(7) the seasonal effects on highway load capacity;

(8) the highway shoulder design and other highway geometrics;

(9) the load capacity of highway bridges;

(10) administrative costs;

(11) added wear on highways; and

(12) compensation for inconvenience and necessary delays to highway users.

Sec. 623.196. VIOLATION OF RULE. A permit under this subchapter is void on the failure of an owner or the owner's representative to comply with a rule of the board [commission] or with a condition placed on the permit, and immediately on the violation, further movement over a highway of an oversize or overweight vehicle violates the law regulating the size or weight of a vehicle on a public highway.

SECTION 23. Section 623.219, Transportation Code, is amended to read as follows:

Sec. 623.219. ROUTE DESIGNATION. (a) The board [commission] shall, with the consent of the port authority, designate the most direct route from the Gateway International Bridge or the Veterans International Bridge at Los Tomates to the entrance of the Port of Brownsville using State Highways 48 and 4 or United States Highways 77 and 83 or using United States Highway 77 and United States Highway 83, East Loop Corridor, and State Highway 4.

(b) If the board [commission] designates a route or changes the route designated under this section, the board [commission] shall notify the port authority of the route not later than the 60th day before the date that the designation takes effect.

SECTION 24. Section 623.232, Transportation Code, is amended to read as follows:

Sec. 623.232. ISSUANCE OF PERMITS. The board [Texas Transportation Commission] may authorize the district to issue permits for the movement of oversize or overweight vehicles carrying cargo on state highways located in Victoria County.

SECTION 25. Section 623.239, Transportation Code, is amended to read as follows:

Sec. 623.239. RULES. The board [Texas Transportation Commission] may adopt rules necessary to implement this subchapter.

SECTION 26. Section 623.252(a), Transportation Code, is amended to read as follows:

(a) The board [Texas Transportation Commission] may authorize the county to issue permits for the movement of oversize or overweight vehicles carrying cargo on state highways located in Chambers County.

SECTION 27. Section 623.253, Transportation Code, is amended to read as follows:

Sec. 623.253. MAINTENANCE CONTRACTS. The county shall make payments to the Texas Department of Transportation [department] to provide funds for the maintenance of state highways subject to this subchapter.

SECTION 28. Section 623.259, Transportation Code, is amended to read as follows:

Sec. 623.259. RULES. The board [Texas Transportation Commission] may adopt rules necessary to implement this subchapter.

SECTION 29. Section 623.288, Transportation Code, is amended to read as follows:

Sec. 623.288. RULES. The board [Texas Transportation Commission] may adopt rules necessary to implement this subchapter.

SECTION 30. Section 623.303, Transportation Code, is amended to read as follows:

Sec. 623.303. ISSUANCE OF PERMITS. The board [Texas Transportation Commission] may authorize the port authority to issue permits for the movement of oversize or overweight vehicles carrying cargo on state highway special freight corridors located in San Patricio County. The port authority may issue a permit under this subchapter only if the cargo being transported weighs 125,000 pounds or less.

SECTION 31. Section 623.310, Transportation Code, is amended to read as follows:

Sec. 623.310. RULES. The board [Texas Transportation Commission] may adopt rules necessary to implement this subchapter.

SECTION 32. Section 227.025(a), Transportation Code, is amended to read as follows:

(a) The board of the Texas Department of Motor Vehicles [commission] may authorize the operation of a vehicle that exceeds the height, length, or gross weight limitations of Subchapter C, Chapter 621, on a segment of a highway on the Trans-Texas Corridor if supported by an engineering and traffic study that includes an analysis of the structural capacity of bridges and pavements, current and projected traffic patterns and volume, and potential effects on public safety.

SECTION 33. Section 547.304(c), Transportation Code, is amended to read as follows:

(c) Except for Sections 547.323 and 547.324, a provision of this chapter that requires a vehicle to be equipped with lamps, reflectors, and lighting equipment does not apply to a mobile home if the mobile home:

(1) is moved under a permit issued by the Texas Department of Motor Vehicles [Transportation] under Subchapter D, Chapter 623; and

(2) is not moved at a time or under a condition specified by Section 547.302(a).

SECTION 34. Section 1001.002(b), Transportation Code, is amended to read as follows:

(b) In addition to the other duties required of the Texas Department of Motor Vehicles, the department shall administer and enforce:

(1) Subtitle A;

(2) Chapters 621, 622, 623, 642, 643, 645, 646, and 648; and

(3) Chapters 2301 and 2302, Occupations Code.

SECTION 35. Sections 1201.161(a), (b), and (c), Occupations Code, are amended to read as follows:

Sec. 1201.161. TRANSPORTATION OF MANUFACTURED HOUSING. (a) Notwithstanding any other statute or rule or ordinance, a licensed retailer or licensed installer is not required to obtain a permit, certificate, or license or pay a fee to transport manufactured housing to the place of installation except as required by the Texas Department of Motor Vehicles [Transportation] under Subchapter E, Chapter 623, Transportation Code.

(b) The department shall cooperate with the Texas Department of Motor Vehicles [Transportation] by providing current lists of licensed manufacturers, retailers, and installers.

(c) The Texas Department of Motor Vehicles [Transportation] shall send the department monthly:

(1) a copy of each permit issued in the preceding month for the movement of manufactured housing on the highways; or

(2) a list of the permits issued in the preceding month and the information on the permits.

SECTION 36. (a) Not later than January 1, 2012, the following are transferred from the Texas Department of Transportation to the Texas Department of Motor Vehicles:

(1) the powers, duties, functions, programs, and activities of the Texas Department of Transportation relating to oversize and overweight vehicles under Chapters 621, 622, and 623, Transportation Code;

(2) any obligations and contracts of the Texas Department of Transportation that are directly related to implementing a power, duty, function, program, or activity transferred under this subsection; and

(3) all property and records in the custody of the Texas Department of Transportation that are related to a power, duty, function, program, or activity transferred under this subsection and all funds appropriated by the legislature for that power, duty, function, program, or activity.

(b) The Texas Department of Transportation and the Texas Department of Motor Vehicles may agree by memorandum of understanding to transfer to the Texas Department of Motor Vehicles any personnel of the Texas Department of Transportation whose functions predominantly involve powers, duties, obligations, functions, and activities related to oversize and overweight vehicles under Chapters 621, 622, and 623, Transportation Code.

(c) A rule or form adopted by the Texas Department of Transportation that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section is a rule or form of the Texas Department of Motor Vehicles and remains in effect until altered by the Texas Department of Motor Vehicles.

(d) A reference in law to the Texas Department of Transportation that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section means the Texas Department of Motor Vehicles.

SECTION 37. The Texas Department of Transportation and the Texas Department of Motor Vehicles shall enter into a memorandum of understanding that:

(1) identifies in detail the applicable powers and duties that are transferred by this Act; and

(2) establishes a plan for the identification and transfer of the records, personnel, property, and unspent appropriations of the Texas Department of Transportation that are used for purposes of the Texas Department of Transportation's powers and duties directly related to oversize and overweight vehicles under Chapters 621, 622, and 623, Transportation Code.

SECTION 38. This Act takes effect September 1, 2011.