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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of oversize or overweight permits for |
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vehicles transporting agricultural commodities during or preceding |
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a disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 621.102(d), Transportation Code, is |
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amended to read as follows: |
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(d) A vehicle operating under a permit issued under Section |
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623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, |
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623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B. |
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2741), Acts of the 83rd Legislature, Regular Session, 2013,] may |
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operate under the conditions authorized by the permit over a road |
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for which the executive director of the Texas Department of |
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Transportation has set a maximum weight under this section. |
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SECTION 2. Section 621.301(e), Transportation Code, is |
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amended to read as follows: |
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(e) A vehicle operating under a permit issued under Section |
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623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, |
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623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B. |
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2741), Acts of the 83rd Legislature, Regular Session, 2013,] may |
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operate under the conditions authorized by the permit over a road |
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for which the commissioners court has set a maximum weight under |
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this section. |
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SECTION 3. Chapter 623, Transportation Code, is amended by |
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adding Subchapter W to read as follows: |
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SUBCHAPTER W. PERMIT FOR VEHICLES TRANSPORTING AGRICULTURAL |
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COMMODITIES DURING OR PRECEDING DISASTER |
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Sec. 623.451. PERMIT TO DELIVER AGRICULTURAL COMMODITIES. |
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(a) In this section: |
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(1) "Agricultural commodity" means an agricultural, |
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horticultural, viticultural, silvicultural, or vegetable product, |
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bees or honey, planting seed, cottonseed, rice, livestock or a |
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livestock product, or poultry or a poultry product that is produced |
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in this state, either in its natural form or as processed by the |
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producer, including woodchips. |
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(2) "Division" means the Texas Division of Emergency |
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Management. |
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(b) Notwithstanding any other law, the department may issue |
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a special permit to an oversize or overweight vehicle or load that: |
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(1) can easily be dismantled or divided; and |
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(2) will be used only to deliver agricultural |
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commodities. |
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(c) The department may issue a permit under this section |
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only: |
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(1) during an emergency or major disaster as declared |
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by the president of the United States under the Robert T. Stafford |
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Disaster Relief and Emergency Assistance Act (42 U.S.C. Section |
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5121 et seq.) or following a declaration of a state of disaster |
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under Section 418.014, Government Code; or |
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(2) preceding an event that may result in a |
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declaration of a state of disaster under Section 418.014, |
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Government Code, if issuance of the permit for the event is |
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authorized by the division. |
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(d) A person may file an application to the division in the |
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manner prescribed by the division requesting that the division |
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authorize the issuance of a permit preceding an event described by |
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Subsection (c)(2). If the division authorizes the issuance of the |
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permit, the division shall notify the department of that decision |
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in the manner prescribed by the department and include in the notice |
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the counties in which a vehicle issued the permit may be operated. |
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(e) A permit under this section that is issued under: |
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(1) Subsection (c)(1) expires not later than the 120th |
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day after the date of the disaster or emergency declaration; or |
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(2) Subsection (c)(2) expires not later than the 120th |
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day after the date the department receives notice from the division |
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under Subsection (d) authorizing the issuance of the permit. |
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Sec. 623.452. RULES. The board may adopt rules necessary to |
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implement this subchapter, including rules that establish the |
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requirements for obtaining a permit. |
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Sec. 623.453. PERMIT CONDITIONS. The department may impose |
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conditions on a permit holder to ensure the safe operation of a |
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permitted vehicle and minimize damage to roadways, including |
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requirements related to vehicle routing, hours of operation, weight |
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limits, and lighting and requirements for escort vehicles. |
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Sec. 623.454. INTERSTATE AND DEFENSE HIGHWAYS AND FEDERAL |
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AID PRIMARY HIGHWAY SYSTEM. (a) This subchapter does not authorize |
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the operation on the national system of interstate and defense |
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highways or the federal aid primary highway system in this state of |
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a vehicle with a size or weight greater than those permitted under |
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23 U.S.C. Section 127 or 49 U.S.C. Sections 31111 through 31114. |
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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 or the federal |
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aid primary highway system of a vehicle with a size or weight |
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greater than those permitted under 23 U.S.C. Section 127 or 49 |
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U.S.C. Sections 31111 through 31114 on September 1, 2023, the new |
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limit automatically takes effect on the national system of |
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interstate and defense highways or the federal aid primary highway |
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system in this state. |
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SECTION 4. This Act takes effect September 1, 2023. |