BILL ANALYSIS

 

 

Senate Research Center

S.B. 995

89R5746 GP-F

By: Nichols

 

Transportation

 

3/4/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under Texas Transportation Code � 623.051 and � 623.052, a person may operate an overweight vehicle to cross roads or highways under the Texas Department of Transportation's (TxDOT) jurisdiction to get from one private road to another. This is done through contracts to indemnify TxDOT for the cost of maintenance and repair of the part of the highway crossed by the vehicle; and obtaining a surety bond in an amount determined by TxDOT to compensate for the maintenance and repairs to the affected roads or highways.

 

Currently, the comptroller of public accounts and the attorney general must approve the surety bond.

 

This bill would amend Texas Transportation Code � 623.051 and � 623.052 by removing the comptroller and attorney general from the approval process to obtain a surety bond and add TxDOT as the agency in charge of approving surety bonds. This increases efficiency in the surety bond approval process as TxDOT has the expertise and authority to assess and contract with applicants directly.

 

As proposed, S.B. 995 amends current law relating to the approval of a surety bond for a contract authorizing an oversize or overweight vehicle to cross a road or highway.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 623.051(d), Transportation Code, to require that a surety bond be approved by the Texas Department of Transportation, rather than the comptroller of public accounts of the State of Texas and the attorney general, and be conditioned on the person fulfilling the obligations of the contract.

 

SECTION 2. Amends Section 623.052(b), Transportation Code, to make a conforming change.

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: upon passage or September 1, 2025.