By: Seliger S.B. No. 1814
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to oversize and overweight vehicle permits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 1201.161(c), (d), and (e), Occupations
  Code, are amended to read as follows:
         (c)  The Texas Department of Motor Vehicles shall provide to
  [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.
         (d)  Unless the information provided for in Subsection (c) is
  provided electronically, the department shall pay the reasonable
  cost of providing [the copies or] the list and information under
  Subsection (c).
         (e)  The [copies and] lists to be provided under this section
  may be provided electronically.
         SECTION 2.  Section 623.0112, Transportation Code, is
  amended to read as follows:
         Sec. 623.0112.  ADDITIONAL ADMINISTRATIVE FEE. When a
  person applies for a permit under Section 623.011, the person must
  pay in addition to other fees an administrative fee adopted by board
  rule in an amount not to exceed the direct and indirect cost to the
  department of:
               (1)  issuing a sticker under Section 623.011(d);
               (2)  distributing fees under Section 621.353; and
               (3)  maintaining the list [notifying counties] under
  Section 623.013.
         SECTION 3.  Section 623.012(b), Transportation Code, is
  amended to read as follows:
         (b)  The bond or letter of credit must:
               (1)  be in the amount of $15,000 payable to [the Texas
  Department of Transportation and] the counties of this state;
               (2)  be conditioned that the applicant will pay [the
  Texas Department of Transportation 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:
                     (A)  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 or 623.321; or
                     (B)  that is in violation of Section 623.323; and
               (3)  provide that the issuer is to notify the county
  [Texas Department of Transportation] and the applicant in writing
  promptly after a payment is made by the issuer on the bond or letter
  of credit.
         SECTION 4.  Section 623.013, Transportation Code, is amended
  to read as follows:
         Sec. 623.013.  LIST OF PERMITS ISSUED [DEPARTMENT'S NOTICE
  TO COUNTY]. (a) The department shall make available on the
  department's Internet website a searchable and downloadable list by
  county of each [Not later than the 14th day after the date the
  department issues a] permit issued under Section 623.011[, the
  department shall notify the county clerk of each county listed in
  the application for the permit]. The list [notice] must include the
  following information for each permit:
               (1)  the name and address of the person for whom the [a]
  permit was issued; [and]
               (2)  the vehicle identification number and license
  plate number of the vehicle;
               (3)  the permit number; and
               (4)  the effective date of the permit.
         (b)  On request of a county, the [The] department shall send
  a copy of the permit and the bond or letter of credit required for
  the permit to the county [with the notice required by this section].
         SECTION 5.  Section 623.015, Transportation Code, is amended
  to read as follows:
         Sec. 623.015.  LIABILITY FOR DAMAGE. (a) The liability of a
  holder of a permit issued under Section 623.011 for damage to [a
  state road or highway or] a county road is not limited to the amount
  of the bond or letter of credit required for the issuance of the
  permit.
         (b)  The holder of a permit issued under Section 623.011 who
  has filed the bond or letter of credit required for the permit [and
  who has filed the notice required by Section 623.013] is liable to
  the county only for the actual damage to a county road, bridge, or
  culvert with a load limitation established under Subchapter B of
  Chapter 621 or Section 621.301 caused by the operation of the
  vehicle in excess of the limitation. If a county judge, county
  commissioner, county road supervisor, or county traffic officer
  requires the vehicle to travel over a designated route, it is
  presumed that the designated route, including a bridge or culvert
  on the route, is of sufficient strength and design to carry and
  withstand the weight of the vehicle traveling over the designated
  route.
         SECTION 6.  Section 623.016, Transportation Code, is amended
  to read as follows:
         Sec. 623.016.  RECOVERY ON PERMIT SECURITY. (a)  A [The
  Texas Department of Transportation 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 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.
         [(c)]  Venue for a suit under this section [by a county] is in
  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; or
               (3)  the county in which the damage occurred.
         SECTION 7.  Section 623.0711(g), Transportation Code, as
  amended by Chapters 1135 (H.B. 2741) and 1287 (H.B. 2202), Acts of
  the 83rd Legislature, Regular Session, 2013, is reenacted to read
  as follows:
         (g)  An application for a permit under this section must be
  accompanied by the permit fee established by the department, in
  consultation with the commission, for the permit, not to exceed
  $9,000.  The department shall send each fee to the comptroller, who
  shall deposit:
               (1)  90 percent of the fee to the credit of the state
  highway fund; and
               (2)  10 percent of the fee to the credit of the Texas
  Department of Motor Vehicles fund.
         SECTION 8.  Section 623.075, Transportation Code, is amended
  to read as follows:
         Sec. 623.075.  ADDITIONAL REQUIREMENTS FOR ISSUANCE OF
  PERMIT [BOND]. (a) Except as provided by Subsection (b), [Before]
  the department may issue a permit under this subchapter only to an[,
  the] applicant registered under Chapter 643 [shall file with the
  department a bond in an amount set by the Texas Department of
  Transportation, payable to the Texas Department of Transportation,
  and conditioned that the applicant will pay to the Texas Department
  of Transportation any damage that might be sustained to the highway
  because of the operation of the equipment for which a permit is
  issued].
         (b)  Subsection (a) [Venue of a suit for recovery on the bond
  is in Travis County.
         [(c)  This section applies to the delivery of farm equipment
  to a farm equipment dealer. This section] does not apply to a
  permit for:
               (1)  the driving or transporting of farm equipment that
  is being used for an agricultural purpose and is driven or
  transported by or under the authority of the owner of the equipment;
  or
               (2)  a vehicle or equipment that is not subject to
  [operated by a motor carrier registered under] Chapter 643 [or
  Chapter 645].
         (c)  Before the department issues a permit under this
  subchapter for a vehicle or equipment described by Subsection
  (b)(2), the applicant shall file with the department a bond in an
  amount set by the Texas Department of Transportation, payable to
  the Texas Department of Transportation, and conditioned that the
  applicant will pay to the Texas Department of Transportation any
  damage that might be sustained to the highway because of the
  operation of the vehicle or equipment for which a permit is issued.
  Venue of a suit for recovery on the bond is in Travis County.
         SECTION 9.  Subchapter E, Chapter 623, Transportation Code,
  is amended by adding Section 623.0975 to read as follows:
         Sec. 623.0975.  LIST OF PERMITS ISSUED. The department
  shall make available on the department's Internet website a
  searchable and downloadable list by county of each permit issued
  under this subchapter. The list must include the following
  information for each permit:
               (1)  the permit number and issue date of the permit;
               (2)  the name of the person for whom the permit was
  issued;
               (3)  the length, width, and height of the manufactured
  house and the towing vehicle in combination;
               (4)  the name of the owner of the house;
               (5)  the model and year of manufacture of the house;
               (6)  the complete identification or serial number, the
  United States Department of Housing and Urban Development label
  number, or the state seal number of the house; and
               (7)  the origin county and address and destination
  county and address of the house.
         SECTION 10.  Section 623.323(b), Transportation Code, is
  amended to read as follows:
         (b)  Before a vehicle or combination of vehicles for which a
  permit is issued under this subchapter may be operated on a road
  maintained by a county or a state highway, the financially
  responsible party shall execute a notification document and agree
  to reimburse the county or the state, as applicable, for damage to a
  road or highway sustained as a consequence of the transportation
  authorized by the permit.  At a minimum, the notification document
  must include:
               (1)  the name and address of the financially
  responsible party;
               (2)  a description of each permit issued for the
  vehicle or combination of vehicles;
               (3)  a description of the method of compliance by the
  financially responsible party with Section [Sections] 601.051,
  [and] 623.012, 643.101, or 643.102;
               (4)  the address or location of the geographic area in
  which the financially responsible party wishes to operate a vehicle
  or combination of vehicles and a designation of the specific route
  of travel anticipated by the financially responsible party,
  including the name or number of each road maintained by a county or
  state highway;
               (5)  a calendar or schedule of duration that includes
  the days and hours of operation during which the financially
  responsible party reasonably anticipates using the county road or
  state highway identified in Subdivision (4); and
               (6)  a list of each vehicle or combination of vehicles
  by license plate number or other registration information, and a
  description of the means by which financial responsibility is
  established for each vehicle or combination of vehicles if each
  vehicle or combination of vehicles is not covered by a single
  insurance policy, surety bond, deposit, or other means of financial
  assurance.
         SECTION 11.  The following provisions of the Transportation
  Code are repealed:
               (1)  Section 623.0711(f); and
               (2)  Section 623.093(e).
         SECTION 12.  This Act takes effect September 1, 2021.