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AN ACT
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relating to prohibitions and restrictions on using county roads in |
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certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 251.157, Transportation |
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Code, is amended to read as follows: |
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Sec. 251.157. PROHIBITING OR RESTRICTING USE OF ROAD. |
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SECTION 2. Sections 251.157(b), (c), (e), and (f), |
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Transportation Code, are amended to read as follows: |
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(b) A road supervisor may prohibit or restrict, if an |
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alternative, more suitable road is available within the county at |
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the time, the use of a road or a section of a road under the |
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supervisor's control by any vehicle that will unduly damage the |
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road when: |
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(1) because of wet weather or recent construction or |
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repairs, the road cannot be safely used without probable serious |
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damage to it; or |
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(2) a bridge or culvert on the road is unsafe. |
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(c) Before prohibiting or restricting the use of a road |
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under this section, the road supervisor shall post notices that |
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state the road and the expected duration of the prohibition or |
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restriction, and identify the alternate route [maximum load
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permitted and the time the use of the road is prohibited]. The |
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notices must be posted at locations that enable drivers to detour to |
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avoid the restricted road. |
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(e) If the owner or operator of a vehicle that is prohibited |
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or restricted from using a road under this section is aggrieved by |
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the prohibition or restriction, the person may file with the county |
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judge of the county in which the restricted road is located a |
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written complaint that sets forth the nature of the grievance. On |
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the filing of the complaint the county judge promptly shall set the |
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issue for a hearing to be held not later than the third day after the |
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date on which the complaint is filed. The county judge shall give |
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[to] the road supervisor, the county engineer, and the |
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commissioners court written notice of the date and purpose of each |
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hearing. |
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(f) The county judge shall hear testimony offered by the |
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parties. On conclusion of the hearing, the county judge shall |
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sustain, revoke, or modify the road supervisor's decision on the |
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prohibition or restriction. The county judge's judgment is final |
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as to the issues raised. |
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SECTION 3. Subchapter E, Chapter 251, Transportation Code, |
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is amended by adding Section 251.1575 to read as follows: |
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Sec. 251.1575. PROHIBITING USE OF ROAD FOR CERTAIN |
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VEHICLES. (a) A commissioners court may identify an alternate |
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route to a road and require heavy vehicles having a gross weight of |
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more than 60,000 pounds to travel the alternate route in order to |
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prevent excessive damage to the road due to the volume of traffic by |
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such heavy vehicles. An alternate route identified under this |
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subsection must be: |
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(1) of sufficient strength and design to withstand the |
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weight of the vehicles traveling the alternate route, including any |
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bridges or culverts along the road; and |
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(2) located within the same county as the road |
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described by this subsection. |
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(b) Notice of the prohibition must be provided in the same |
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manner as for a prohibition or restriction under Section 251.157. |
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(c) A person who is required to operate or move a vehicle or |
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other object on an alternate route identified under this section is |
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not liable for damage sustained by the road, including a bridge, as |
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a result of the operation or movement of the vehicle or other |
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object, unless the act, error, or omission resulting in the damage |
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constitutes: |
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(1) wanton, wilful, and intentional misconduct; or |
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(2) gross negligence. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2612 was passed by the House on May 8, |
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2013, by the following vote: Yeas 144, Nays 3, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2612 on May 24, 2013, by the following vote: Yeas 143, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2612 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |