82R8682 NAJ-F

By: Aliseda H.B. No. 1795

A BILL TO BE ENTITLED

AN ACT

relating to permits issued for moving certain oil well servicing or drilling machinery.

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

SECTION 1. Section 623.142, Transportation Code, is amended by adding Subsection (a-1) and amending Subsection (b) to read as follows:

(a-1) The department may include a trailer on a permit issued under this section if:

(1) the registration fee required by Section 502.166 for the trailer is paid for the current registration year; and

(2) the gross weight authorized by the permit does not exceed 86,000 pounds.

(b) The department may not issue a permit under this section unless the vehicle or vehicle combination may be moved without material damage to the highway or serious inconvenience to highway traffic.

SECTION 2. Section 623.143, Transportation Code, is amended to read as follows:

Sec. 623.143. DESIGNATED ROUTE IN MUNICIPALITY. (a) A municipality having a state highway in its territory may designate to the department the route in the municipality to be used by a vehicle or vehicle combination described by Section 623.142 operating over the state highway. When the route is designated, the department shall show the route on each map routing the vehicles or vehicle combinations.

(b) If a municipality does not designate a route, the department shall determine the route to be used by a vehicle or vehicle combination on a state highway in the municipality.

(c) A municipality may not require a fee, permit, or license for movement of vehicles or vehicle combinations on the route of a state highway designated by the municipality or department.

SECTION 3. Section 623.145(b), Transportation Code, is amended to read as follows:

(b) In adopting a rule or establishing a fee, the 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 vehicles [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.

SECTION 4. Section 623.146, Transportation Code, is amended to read as follows:

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 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 or vehicle combination violates the law regulating the size or weight of a vehicle or vehicle combination on a public highway.

SECTION 5. Section 623.148(b), Transportation Code, is amended to read as follows:

(b) The owner of a vehicle or vehicle combination involved in the movement of an oversize or overweight vehicle or vehicle combination, even if a permit has been issued for the movement, is strictly liable for any damage the movement causes the highway system or any of its structures or appurtenances.

SECTION 6. This Act takes effect September 1, 2011.