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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 83rd Legislature, Regular Session, 2013, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 2741 (the regulation of motor |
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vehicles by counties and the Texas Department of Motor Vehicles; |
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authorizing a fee; creating an offense) to consider and take action |
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on the following matters: |
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(1) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill by adding proposed SECTION 104 |
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to the bill, amending Section 622.012(b), Transportation Code, to |
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read as follows: |
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SECTION 104. Section 622.012(b), Transportation Code, is |
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amended to read as follows: |
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(b) A truck may be operated at a weight that exceeds the |
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maximum single axle or tandem axle weight limitation by not more |
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than 10 percent if the gross weight is not heavier than 69,000 |
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pounds and the department has issued a permit that authorizes the |
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operation of the vehicle under Section 623.0171. |
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Explanation: The addition of text is necessary to require |
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ready-mixed concrete trucks with three axles to be permitted to |
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operate at certain weight. |
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(2) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill by adding proposed SECTION 108 |
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to the bill, amending Sections 623.012(a) and (b), Transportation |
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Code, to read as follows: |
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SECTION 108. Sections 623.012(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) An applicant for a permit under Section 623.011, other |
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than a permit under that section to operate a vehicle loaded with |
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timber or pulp wood, wood chips, cotton, or agricultural products |
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in their natural state, and an applicant for a permit under Section |
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623.321 shall file with the department: |
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(1) a blanket bond; or |
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(2) an irrevocable letter of credit issued by a |
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financial institution the deposits of which are guaranteed by the |
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Federal Deposit Insurance Corporation. |
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(b) The bond or letter of credit must: |
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(1) be in the amount of $15,000 payable to the Texas |
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Department of Transportation and the counties of this state; |
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(2) be conditioned that the applicant will pay the |
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Texas Department of Transportation for any damage to a state |
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highway, and a county for any damage to a road or bridge of the |
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county, caused by the operation of the vehicle: |
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(A) for which the permit is issued at a heavier |
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weight than the maximum weights authorized by Subchapter B of |
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Chapter 621 or Section 621.301 or 623.321; or |
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(B) that is in violation of Section 623.323; and |
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(3) provide that the issuer is to notify the Texas |
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Department of Transportation and the applicant in writing promptly |
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after a payment is made by the issuer on the bond or letter of |
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credit. |
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Explanation: The addition of text is necessary to require a |
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person to file a bond or letter of credit to obtain a permit to |
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operate a vehicle or combination of vehicles to transport unrefined |
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timber, wood chips, or woody biomass in certain counties. |
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(3) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill by adding proposed SECTION 110 |
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to the bill, adding Section 623.0171, Transportation Code, to read |
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as follows: |
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SECTION 110. Subchapter B, Chapter 623, Transportation |
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Code, is amended by adding Section 623.0171 to read as follows: |
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Sec. 623.0171. PERMIT FOR READY-MIXED CONCRETE TRUCKS. (a) |
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In this section, "ready-mixed concrete truck" has the meaning |
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assigned by Section 622.011. |
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(b) The department may issue a permit that authorizes the |
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operation of a ready-mixed concrete truck with three axles. |
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(c) To qualify for a permit under this section, a base |
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permit fee of $1,000 must be paid, except as provided by Subsection |
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(g). |
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(d) A permit issued under this section: |
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(1) is valid for one year, except as provided by |
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Subsection (g); and |
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(2) must be carried in the vehicle for which it is |
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issued. |
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(e) When the department issues a permit under this section, |
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the department shall issue a sticker to be placed on the front |
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windshield of the vehicle above the inspection certificate issued |
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to the vehicle. The department shall design the form of the sticker |
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to aid in the enforcement of weight limits for vehicles. |
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(f) The sticker must: |
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(1) indicate the expiration date of the permit; and |
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(2) be removed from the vehicle when: |
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(A) the permit for operation of the vehicle |
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expires; |
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(B) a lease of the vehicle expires; or |
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(C) the vehicle is sold. |
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(g) The department may issue a permit under this section |
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that is valid for a period of less than one year. The department |
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shall prorate the applicable fee required by Subsection (c) for a |
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permit issued under this subsection as necessary to reflect the |
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term of the permit. |
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(h) Unless otherwise provided by state or federal law, a |
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county or municipality may not require a permit, fee, or license for |
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the operation of a ready-mixed concrete truck in addition to a |
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permit, fee, or license required by state law. |
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(i) Section 622.015 does not apply to an owner of a |
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ready-mixed concrete truck who holds a permit under this section |
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for the truck. |
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(j) Unless otherwise provided by state or federal law, a |
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ready-mixed concrete truck may operate on a state, county, or |
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municipal road, including a load-zoned county road or a frontage |
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road adjacent to a federal interstate highway, if the truck |
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displays a sticker required by Subsection (e) and does not exceed |
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the maximum gross weight authorized under Section 622.012. |
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(k) For the purposes of Subsection (l), the department by |
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rule shall require an applicant to designate in the permit |
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application the counties in which the applicant intends to operate. |
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(l) Of the fee collected under this section for a permit: |
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(1) 50 percent of the amount collected shall be |
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deposited to the credit of the state highway fund; and |
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(2) the other 50 percent shall be divided among and |
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distributed to the counties designated in permit applications under |
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Subsection (k) according to department rule. |
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(m) At least once each fiscal year, the comptroller shall |
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send the amount due each county under Subsection (l) to the county |
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treasurer or officer performing the function of that office for |
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deposit to the credit of the county road and bridge fund. |
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Explanation: The addition of text is necessary to provide for |
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a permitting process to authorize the operation of a ready-mixed |
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concrete truck with three axles. |
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(4) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill by adding proposed SECTION 119 |
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to the bill, adding Section Subchapter Q, Chapter 623, |
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Transportation Code, to read as follows: |
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SECTION 119. Chapter 623, Transportation Code, is amended |
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by adding Subchapter Q to read as follows: |
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SUBCHAPTER Q. VEHICLES TRANSPORTING TIMBER |
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Sec. 623.321. PERMIT. (a) The department may issue a |
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permit under this subchapter, as an alternative to a permit issued |
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under Section 623.011, authorizing a person to operate a vehicle or |
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combination of vehicles that is being used to transport unrefined |
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timber, wood chips, or woody biomass in a county identified as a |
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timber producing county in the most recent edition of the Texas A&M |
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Forest Service's Harvest Trends Report as of May 15, 2013, at the |
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weight limits prescribed by Subsection (b). |
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(b) A person may operate over a road or highway a vehicle or |
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combination of vehicles issued a permit under this section at a |
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gross weight that is not heavier than 84,000 pounds, if the gross |
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load carried on any tandem axle of the vehicle or combination of |
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vehicles does not exceed 44,000 pounds. |
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(c) Section 621.508 does not apply to a vehicle or |
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combination of vehicles operated under this section. |
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(d) The department shall annually update the number of |
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timber producing counties described by Subsection (a) based on the |
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most recent edition of the Texas A&M Forest Service's Harvest |
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Trends Report. |
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Sec. 623.322. QUALIFICATION; REQUIREMENTS. (a) To qualify |
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for a permit under this subchapter for a vehicle or combination of |
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vehicles, a person must: |
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(1) pay a permit fee of $1,500; |
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(2) designate in the permit application the timber |
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producing counties described by Section 623.321(a) in which the |
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vehicle or combination of vehicles will be operated; and |
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(3) satisfy the security requirement of Section |
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623.012. |
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(b) A permit issued under this subchapter: |
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(1) is valid for one year; and |
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(2) must be carried in the vehicle for which it is |
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issued. |
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Sec. 623.323. NOTIFICATION. (a) For purposes of this |
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section, "financially responsible party" means the owner of the |
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vehicle or combination of vehicles, the party operating the vehicle |
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or combination of vehicles, or a person that hires, leases, rents, |
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or subcontracts the vehicle or combination of vehicles for use on a |
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road maintained by a county or a state highway. |
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(b) Before a vehicle or combination of vehicles for which a |
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permit is issued under this subchapter may be operated on a road |
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maintained by a county or a state highway, the financially |
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responsible party shall execute a notification document and agree |
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to reimburse the county or the state, as applicable, for damage to a |
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road or highway sustained as a consequence of the transportation |
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authorized by the permit. At a minimum, the notification document |
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must include: |
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(1) the name and address of the financially |
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responsible party; |
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(2) a description of each permit issued for the |
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vehicle or combination of vehicles; |
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(3) a description of the method of compliance by the |
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financially responsible party with Sections 601.051 and 623.012; |
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(4) the address or location of the geographic area in |
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which the financially responsible party wishes to operate a vehicle |
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or combination of vehicles and a designation of the specific route |
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of travel anticipated by the financially responsible party, |
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including the name or number of each road maintained by a county or |
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state highway; |
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(5) a calendar or schedule of duration that includes |
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the days and hours of operation during which the financially |
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responsible party reasonably anticipates using the county road or |
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state highway identified in Subdivision (4); and |
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(6) a list of each vehicle or combination of vehicles |
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by license plate number or other registration information, and a |
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description of the means by which financial responsibility is |
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established for each vehicle or combination of vehicles if each |
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vehicle or combination of vehicles is not covered by a single |
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insurance policy, surety bond, deposit, or other means of financial |
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assurance. |
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(c) A financially responsible party shall electronically |
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file the notification document described by Subsection (b) with the |
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department under rules adopted by the department not later than the |
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second business day before the first business day listed by the |
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financially responsible party under Subsection (b)(5). The |
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department shall immediately send an electronic copy of the |
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notification document to each county identified in the notification |
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document and the Texas Department of Transportation and an |
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electronic receipt for the notification document to the financially |
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responsible party. Not later than the first business day listed by |
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the financially responsible party under Subsection (b)(5), a county |
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or the Texas Department of Transportation may inspect a road or |
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highway identified in the notification document. If an inspection |
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is conducted under this subsection, a county or the Texas |
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Department of Transportation shall: |
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(1) document the condition of the roads or highways |
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and take photographs of the roads or highways as necessary to |
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establish a baseline for any subsequent assessment of damage |
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sustained by the financially responsible party's use of the roads |
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or highways; and |
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(2) provide a copy of the documentation to the |
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financially responsible party. |
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(d) If an inspection has been conducted under Subsection |
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(c), a county or the Texas Department of Transportation, as |
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applicable, shall, not later than the fifth business day after the |
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expiration of the calendar or schedule of duration described by |
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Subsection (b)(5): |
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(1) conduct an inspection described by Subsection |
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(c)(1) to determine any damage sustained by the financially |
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responsible party's use of the roads or highways; and |
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(2) provide a copy of the inspection documentation to |
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the financially responsible party. |
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(e) The state or a county required to be notified under this |
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section may assert a claim against any security posted under |
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Section 623.012 or insurance filed under Section 643.103 for damage |
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to a road or highway sustained as a consequence of the |
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transportation authorized by the permit. |
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(f) This section does not apply to a vehicle or combination |
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of vehicles that are being used to transport unrefined timber, wood |
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chips, or woody biomass from: |
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(1) a storage yard to the place of first processing; or |
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(2) outside this state to a place of first processing |
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in this state. |
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Sec. 623.324. DISPOSITION OF FEE. (a) Of the fee collected |
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under Section 623.322 for a permit: |
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(1) 50 percent of the amount collected shall be |
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deposited to the credit of the state highway fund; and |
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(2) the other 50 percent shall be divided equally |
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among all counties designated in the permit application under |
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Section 623.322(a)(2). |
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(b) At least once each fiscal year, the comptroller shall |
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send the amount due each county under Subsection (a) to the county |
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treasurer or officer performing the function of that office for |
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deposit to the credit of the county road and bridge fund. |
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Sec. 623.325. INTERSTATE AND DEFENSE HIGHWAYS. (a) This |
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subchapter does not authorize the operation on the national system |
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of interstate and defense highways in this state of a vehicle of a |
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size or weight greater than those permitted under 23 U.S.C. Section |
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127. |
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(b) If the United States authorizes the operation on the |
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national system of interstate and defense highways of a vehicle of a |
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size or weight greater than those permitted under 23 U.S.C. Section |
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127 on September 1, 2013, the new limit automatically takes effect |
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on the national system of interstate and defense highways in this |
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state. |
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Explanation: The addition of text is necessary to provide |
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for a permitting process to authorize a person to operate a vehicle |
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or combination of vehicles to transport unrefined timber, wood |
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chips, or woody biomass in certain counties. |
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(5) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in proposed SECTION 140(2) of |
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the bill by adding Sections 622.013, 622.017, and 622.018, |
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Transportation Code, to the list of repealed sections in the bill: |
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(2) Sections 502.252(b), 503.009(b), 503.029(b), |
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503.030(b), 503.066(b), 520.008, 520.009, 520.0091, 520.0092, |
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622.013, 622.017, 622.018, 623.0711(k), and 623.093(f), |
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Transportation Code; |
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Explanation: The addition of text is necessary to eliminate a |
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surety bond requirement applicable to owners of ready-mixed |
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concrete trucks and penalties related to the requirement. |
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Phillips |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 3011 was adopted by the House on May |
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26, 2013, by the following vote: Yeas 142, Nays 3, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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