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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of certain vehicles during disasters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 162.235, Tax Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) Notwithstanding Subsection (a), a person who purchases |
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dyed diesel fuel and furnishes to the licensed supplier or |
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distributor under Section 162.206(a) a signed statement that |
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includes an end user number issued by the comptroller may operate a |
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motor vehicle on a public highway in this state with that dyed |
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diesel fuel in the fuel supply tank of the motor vehicle if the |
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motor vehicle is operated: |
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(1) during a period for which the Internal Revenue |
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Service has specified that it will not impose a penalty when dyed |
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diesel fuel is sold for use or used on a public highway; and |
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(2) in an area that is included in an emergency or |
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major disaster as declared by the president of the United States |
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under the Robert T. Stafford Disaster Relief and Emergency |
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Assistance Act (42 U.S.C. Section 5121 et seq.) or following a |
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declaration of a state of disaster under Section 418.014, |
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Government Code. |
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SECTION 2. 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 3. 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 4. 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 DISASTER |
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Sec. 623.451. PERMIT TO DELIVER AGRICULTURAL COMMODITIES. |
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(a) In this section, "agricultural commodity" means an |
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agricultural, horticultural, viticultural, silvicultural, or |
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vegetable product, bees or honey, planting seed, cottonseed, rice, |
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livestock or a livestock product, or poultry or a poultry product |
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that is produced in this state, either in its natural form or as |
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processed by the producer, including wood chips. |
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(b) Notwithstanding any other state law, the department may |
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issue a special permit to an oversize or overweight vehicle or load |
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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 to or from a site that is: |
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(A) located in an area included in an emergency |
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or major disaster declaration described by Subsection (c)(1); and |
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(B) affected by the emergency or major disaster |
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for which the declaration described by Subsection (c)(1) was |
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issued. |
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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; and |
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(2) if the Department of Public Safety authorizes the |
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issuance of the permit. |
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(d) If the Department of Public Safety authorizes the |
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issuance of the permit, the Department of Public Safety shall |
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notify the department of that decision in the manner prescribed by |
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the department and include in the notice the counties in which a |
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vehicle issued the permit may be operated. |
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(e) A permit under this section expires on: |
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(1) the date the declaration described by Subsection |
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(c)(1) expires; or |
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(2) if the vehicle operating under the permit is using |
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dyed diesel fuel in accordance with Section 162.235(c), Tax Code, |
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the earlier of: |
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(A) the date the Internal Revenue Service has |
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specified that it will resume imposing a penalty when dyed diesel |
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fuel is sold for use or used on a public highway; or |
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(B) the date described by Subdivision (1). |
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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, 2025, 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 5. The change in law made by this Act to Section |
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162.235, Tax Code, applies only to conduct that occurs on or after |
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the effective date of this Act. Conduct that occurred before the |
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effective date of this Act is governed by the law in effect on the |
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date the conduct occurred, and the former law is continued in effect |
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for that purpose. For purposes of this section, conduct occurred |
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before the effective date of this Act if any element of the conduct |
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occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2025. |