Bill Text: TX HB1363 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the transfer of permit procedures and enforcement related to oversize and overweight vehicles from the Texas Department of Transportation to the Texas Department of Motor Vehicles.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-16 - Referred to Transportation & Homeland Sec. [HB1363 Detail]

Download: Texas-2011-HB1363-Introduced.html

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82R5270 NAJ-F
By: McClendon H.B. No. 1363

A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain functions related to oversize
and overweight vehicles from the Texas Department of Transportation
to the Texas Department of Motor Vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 621.001(2), (3), and (4),
Transportation Code, are amended to read as follows:
(2) "Board" ["Commission"] means the board of the
Texas Department of Motor Vehicles [Transportation Commission].
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
(4) "Director" means the executive director of the
Texas Department of Motor Vehicles [Transportation].
SECTION 2. Section 621.003(a), Transportation Code, is
amended to read as follows:
(a) The board [commission] by rule may authorize the
director to enter into with the proper authority of another state an
agreement that authorizes:
(1) the authority of the other state to issue on behalf
of the department to the owner or operator of a vehicle, or
combination of vehicles, that exceeds the weight or size limits
allowed by this state a permit that authorizes the operation or
transportation on a highway in this state of the vehicle or
combination of vehicles; and
(2) the department to issue on behalf of the authority
of the other state to the owner or operator of a vehicle, or
combination of vehicles, that exceeds the weight or size limits
allowed by that state a permit that authorizes the operation or
transportation on a highway of that state of the vehicle or
combination of vehicles.
SECTION 3. The heading to Section 621.102, Transportation
Code, is amended to read as follows:
Sec. 621.102. BOARD'S [COMMISSION'S] AUTHORITY TO SET
MAXIMUM WEIGHTS.
SECTION 4. Sections 621.102(a), (b), (c), (d), (e), and
(f), Transportation Code, are amended to read as follows:
(a) The board [commission] may set the maximum single axle
weight, tandem axle weight, or gross weight of a vehicle, or maximum
single axle weight, tandem axle weight, or gross weight of a
combination of vehicles and loads, that may be moved over a state
highway or a farm or ranch road if the board [commission] finds that
heavier maximum weight would rapidly deteriorate or destroy the
road or a bridge or culvert along the road. A maximum weight set
under this subsection may not exceed the maximum set by statute for
that weight.
(b) The board [commission] must set a maximum weight under
this section by order entered in its minutes.
(c) The board [commission] must make the finding under this
section on an engineering and traffic investigation conducted by
the Texas Department of Transportation and in making the finding
shall consider the width, condition, and type of pavement
structures and other circumstances on the road.
(d) A maximum weight or load set under this section becomes
effective on a highway or road when appropriate signs giving notice
of the maximum weight or load are erected on the highway or road
under order of the board [commission].
(e) A vehicle operating under a permit issued under Section
623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
623.212 may operate under the conditions authorized by the permit
over a road for which the board [commission] has set a maximum
weight under this section.
(f) For the purpose of this section, a farm or ranch road is
a state highway that is shown in the records of the Texas
Transportation Commission [commission] to be a farm-to-market or
ranch-to-market road.
SECTION 5. The heading to Section 621.202, Transportation
Code, is amended to read as follows:
Sec. 621.202. BOARD'S [COMMISSION'S] AUTHORITY TO SET
MAXIMUM WIDTH.
SECTION 6. Section 621.202(a), Transportation Code, is
amended to read as follows:
(a) To comply with safety and operational requirements of
federal law, the board [commission] by order may set the maximum
width of a vehicle, including the load on the vehicle, at eight feet
for a designated highway or segment of a highway if the results of
an engineering and traffic study that includes an analysis of
structural capacity of bridges and pavements, traffic volume,
unique climatic conditions, and width of traffic lanes support the
change.
SECTION 7. Section 621.301(b), Transportation Code, is
amended to read as follows:
(b) The commissioners court may limit the maximum weights to
be moved on or over a county road, bridge, or culvert by exercising
its authority under this subsection in the same manner and under the
same conditions provided by Section 621.102 for the board
[commission] to limit maximum weights on highways and roads to
which that section applies.
SECTION 8. Section 621.352(a), Transportation Code, is
amended to read as follows:
(a) The board [commission] by rule may establish fees for
the administration of Section 621.003 in an amount that, when added
to the other fees collected by the department, does not exceed the
amount sufficient to recover the actual cost to the department of
administering that section. An administrative fee collected under
this section shall be sent to the comptroller for deposit to the
credit of the state highway fund and may be appropriated only to the
department for the administration of Section 621.003.
SECTION 9. Section 621.356, Transportation Code, is amended
to read as follows:
Sec. 621.356. FORM OF PAYMENT. The board [commission] may
adopt rules prescribing the method for payment of a fee for a permit
issued by the department that authorizes the operation of a vehicle
and its load or a combination of vehicles and load exceeding size or
weight limitations. The rules may:
(1) authorize the use of electronic funds transfer or
a credit card issued by:
(A) a financial institution chartered by a state
or the federal government; or
(B) a nationally recognized credit organization
approved by the board [commission]; and
(2) require the payment of a discount or service
charge for a credit card payment in addition to the fee.
SECTION 10. Section 621.504, Transportation Code, is
amended to read as follows:
Sec. 621.504. BRIDGE OR UNDERPASS CLEARANCE. A person may
not operate or attempt to operate a vehicle over or on a bridge or
through an underpass or similar structure unless the height of the
vehicle, including load, is less than the vertical clearance of the
structure as shown by the records of the Texas Department of
Transportation [department].
SECTION 11. Section 622.001, Transportation Code, is
amended to read as follows:
Sec. 622.001. DEFINITION. In this chapter, "department"
means the Texas Department of Motor Vehicles [Transportation].
SECTION 12. Section 622.101(a), Transportation Code, is
amended to read as follows:
(a) A single motor vehicle used exclusively to transport
chile pepper modules, seed cotton, cotton, cotton burrs, or
equipment used to transport or process chile pepper modules or
cotton, including a motor vehicle or burr spreader, may not be
operated on a highway or road if the vehicle is:
(1) wider than 10 feet and the highway has not been
designated by the board of the Texas Department of Motor Vehicles
[commission] under Section 621.202;
(2) longer than 48 feet; or
(3) higher than 14 feet 6 inches.
SECTION 13. Section 623.001, Transportation Code, is
amended by amending Subdivision (1) and adding Subdivision (4) to
read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
(4) "Board" means the board of the Texas Department of
Motor Vehicles.
SECTION 14. Section 623.0113(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a permit issued
under Section 623.011 does not authorize the operation of a vehicle
on:
(1) the national system of interstate and defense
highways in this state if the weight of the vehicle is greater than
authorized by federal law; or
(2) a bridge for which a maximum weight and load limit
has been established and posted by the board [Texas Transportation
Commission] under Section 621.102 or the commissioners court of a
county under Section 621.301, if the gross weight of the vehicle and
load or the axles and wheel loads are greater than the limits
established and posted under those sections.
SECTION 15. Sections 623.012(a), (b), and (c),
Transportation Code, are amended to read as follows:
(a) An applicant for a permit under Section 623.011, other
than a permit to operate a vehicle loaded with timber or pulp wood,
wood chips, cotton, or agricultural products in their natural
state, shall file with the Texas Department of Transportation
[department]:
(1) a blanket bond; or
(2) an irrevocable letter of credit issued by a
financial institution the deposits of which are guaranteed by the
Federal Deposit Insurance Corporation.
(b) The bond or letter of credit must:
(1) be in the amount of $15,000 payable to the Texas
Department of Transportation [department] and the counties of this
state;
(2) be conditioned that the applicant will pay the
Texas Department of Transportation [department] 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 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; and
(3) provide that the issuer is to notify the Texas
Department of Transportation [department] and the applicant in
writing promptly after a payment is made by the issuer on the bond
or letter of credit.
(c) If an issuer of a bond or letter of credit pays under the
bond or letter of credit, the permit holder shall file with the
Texas Department of Transportation [department] before the 31st day
after the date on which the payment is made:
(1) a replacement bond or letter of credit in the
amount prescribed by Subsection (b) for the original bond or letter
of credit; or
(2) a notification from the issuer of the existing
bond or letter of credit that the bond or letter of credit has been
restored to the amount prescribed by Subsection (b).
SECTION 16. Sections 623.016(a) and (b), Transportation
Code, are amended to read as follows:
(a) The Texas Department of Transportation [department] 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 [department] 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.
SECTION 17. Section 623.051, Transportation Code, is
amended to read as follows:
Sec. 623.051. CONTRACT ALLOWING OVERSIZE OR OVERWEIGHT
VEHICLE TO CROSS ROAD; SURETY BOND. (a) A person may operate a
vehicle that cannot comply with one or more of the restrictions of
Subchapter C of Chapter 621 or Section 621.101 to cross the width of
any road or highway under the jurisdiction of the Texas Department
of Transportation [department], other than a controlled access
highway as defined by Section 203.001, from private property to
other private property if the person contracts with the Texas
Transportation Commission [commission] to indemnify the Texas
Department of Transportation [department] for the cost of
maintenance and repair of the part of the highway crossed by the
vehicle.
(b) The Texas Transportation Commission [commission] shall
adopt rules relating to the forms and procedures to be used under
this section and other matters that the commission considers
necessary to carry out this section.
(c) To protect the safety of the traveling public, minimize
any delays and inconveniences to the operators of vehicles in
regular operation, and assure payment for the added wear on the
highways in proportion to the reduction of service life, the Texas
Transportation Commission [commission], in adopting rules under
this section, shall consider:
(1) the safety and convenience of the general
traveling public;
(2) the suitability of the roadway and subgrade on the
road or highway to be crossed, variation in soil grade prevalent in
the different regions of the state, and the seasonal effects on
highway load capacity, the highway shoulder design, and other
highway geometrics; and
(3) the state's investment in its highway system.
(d) Before exercising any right under a contract under this
section, a person must execute with a corporate surety authorized
to do business in this state a surety bond in an amount determined
by the Texas Transportation Commission [commission] to compensate
for the cost of maintenance and repairs as provided by this section.
The bond must be approved by the comptroller and the attorney
general and must be conditioned on the person fulfilling the
obligations of the contract.
SECTION 18. Section 623.052(b), Transportation Code, is
amended to read as follows:
(b) Before a person may operate a vehicle under this
section, the person must:
(1) contract with the Texas Department of
Transportation [department] to indemnify the Texas Department of
Transportation [department] for the cost of the maintenance and
repair for damage caused by a vehicle crossing that part of the
highway; and
(2) execute an adequate surety bond to compensate for
the cost of maintenance and repair, approved by the comptroller and
the attorney general, with a corporate surety authorized to do
business in this state, conditioned on the person fulfilling each
obligation of the agreement.
SECTION 19. Section 623.075(a), Transportation Code, is
amended to read as follows:
(a) Before the department may issue a permit under this
subchapter, the applicant shall file with the Texas Department of
Transportation [department] a bond in an amount set by the Texas
Department of Transportation [department], payable to the Texas
Department of Transportation [department], and conditioned that
the applicant will pay to the Texas Department of Transportation
[department] any damage that might be sustained to the highway
because of the operation of the equipment for which a permit is
issued.
SECTION 20. Sections 623.076(b) and (c), Transportation
Code, are amended to read as follows:
(b) The board [Texas Transportation Commission] may adopt
rules for the payment of a fee under Subsection (a). The rules may:
(1) authorize the use of electronic funds transfer;
(2) authorize the use of a credit card issued by:
(A) a financial institution chartered by a state
or the United States; or
(B) a nationally recognized credit organization
approved by the board [Texas Transportation Commission]; and
(3) require the payment of a discount or service
charge for a credit card payment in addition to the fee prescribed
by Subsection (a).
(c) An application for a permit under Section 623.071(c)(3)
or (d) must be accompanied by the permit fee established by the
board [commission] for the permit, not to exceed $7,000. Of each
fee collected under this subsection, the department shall send:
(1) the first $1,000 to the comptroller for deposit to
the credit of the general revenue fund; and
(2) any amount in excess of $1,000 to the comptroller
for deposit to the credit of the state highway fund.
SECTION 21. Sections 623.145 and 623.146, Transportation
Code, are amended to read as follows:
Sec. 623.145. RULES; FORMS AND PROCEDURES; FEES. (a) The
board [Texas Transportation Commission] by rule shall provide for
the issuance of permits under this subchapter. The rules must
include each matter the board [commission] determines necessary to
implement this subchapter and:
(1) requirements for forms and procedures used in
applying for a permit;
(2) conditions with regard to route and time of
movement;
(3) requirements for flags, flaggers, and warning
devices;
(4) the fee for a permit; and
(5) standards to determine whether a permit is to be
issued for one trip only or for a period established by the board
[commission].
(b) In adopting a rule or establishing a fee, the board
[commission] shall consider and be guided by:
(1) the state's investment in its highway system;
(2) the safety and convenience of the general
traveling public;
(3) the registration or license fee paid on the
vehicle for which the permit is requested;
(4) the fees paid by vehicles operating within legal
limits;
(5) the suitability of roadways and subgrades on the
various classes of highways of the system;
(6) the variation in soil grade prevalent in the
different regions of the state;
(7) the seasonal effects on highway load capacity;
(8) the highway shoulder design and other highway
geometrics;
(9) the load capacity of the highway bridges;
(10) administrative costs;
(11) added wear on highways; and
(12) compensation for inconvenience and necessary
delays to highway users.
Sec. 623.146. VIOLATION OF RULE. A permit under this
subchapter is void on the failure of an owner or the owner's
representative to comply with a rule of the board [commission] or
with a condition placed on the permit, and immediately on the
violation, further movement over the highway of an oversize or
overweight vehicle violates the law regulating the size or weight
of a vehicle on a public highway.
SECTION 22. Sections 623.195 and 623.196, Transportation
Code, are amended to read as follows:
Sec. 623.195. RULES; FORMS AND PROCEDURES; FEES. (a) The
board [Texas Transportation Commission] by rule shall provide for
the issuance of a permit under this subchapter. The rules must
include each matter the board [commission] determines necessary to
implement this subchapter and:
(1) requirements for forms and procedures used in
applying for a permit;
(2) conditions with regard to route and time of
movement;
(3) requirements for flags, flaggers, and warning
devices;
(4) the fee for a permit; and
(5) standards to determine whether a permit is to be
issued for one trip only or for a period established by the board
[commission].
(b) In adopting a rule or establishing a fee, the board
[commission] shall consider and be guided by:
(1) the state's investment in its highway system;
(2) the safety and convenience of the general
traveling public;
(3) the registration or license fee paid on the
vehicle for which the permit is requested;
(4) the fees paid by vehicles operating within legal
limits;
(5) the suitability of roadways and subgrades on the
various classes of highways of the system;
(6) the variation in soil grade prevalent in the
different regions of the state;
(7) the seasonal effects on highway load capacity;
(8) the highway shoulder design and other highway
geometrics;
(9) the load capacity of highway bridges;
(10) administrative costs;
(11) added wear on highways; and
(12) compensation for inconvenience and necessary
delays to highway users.
Sec. 623.196. VIOLATION OF RULE. A permit under this
subchapter is void on the failure of an owner or the owner's
representative to comply with a rule of the board [commission] or
with a condition placed on the permit, and immediately on the
violation, further movement over a highway of an oversize or
overweight vehicle violates the law regulating the size or weight
of a vehicle on a public highway.
SECTION 23. Section 623.219, Transportation Code, is
amended to read as follows:
Sec. 623.219. ROUTE DESIGNATION. (a) The board
[commission] shall, with the consent of the port authority,
designate the most direct route from the Gateway International
Bridge or the Veterans International Bridge at Los Tomates to the
entrance of the Port of Brownsville using State Highways 48 and 4 or
United States Highways 77 and 83 or using United States Highway 77
and United States Highway 83, East Loop Corridor, and State Highway
4.
(b) If the board [commission] designates a route or changes
the route designated under this section, the board [commission]
shall notify the port authority of the route not later than the 60th
day before the date that the designation takes effect.
SECTION 24. Section 623.232, Transportation Code, is
amended to read as follows:
Sec. 623.232. ISSUANCE OF PERMITS. The board [Texas
Transportation Commission] may authorize the district to issue
permits for the movement of oversize or overweight vehicles
carrying cargo on state highways located in Victoria County.
SECTION 25. Section 623.239, Transportation Code, is
amended to read as follows:
Sec. 623.239. RULES. The board [Texas Transportation
Commission] may adopt rules necessary to implement this subchapter.
SECTION 26. Section 623.252(a), Transportation Code, is
amended to read as follows:
(a) The board [Texas Transportation Commission] may
authorize the county to issue permits for the movement of oversize
or overweight vehicles carrying cargo on state highways located in
Chambers County.
SECTION 27. Section 623.253, Transportation Code, is
amended to read as follows:
Sec. 623.253. MAINTENANCE CONTRACTS. The county shall make
payments to the Texas Department of Transportation [department] to
provide funds for the maintenance of state highways subject to this
subchapter.
SECTION 28. Section 623.259, Transportation Code, is
amended to read as follows:
Sec. 623.259. RULES. The board [Texas Transportation
Commission] may adopt rules necessary to implement this subchapter.
SECTION 29. Section 623.288, Transportation Code, is
amended to read as follows:
Sec. 623.288. RULES. The board [Texas Transportation
Commission] may adopt rules necessary to implement this subchapter.
SECTION 30. Section 623.303, Transportation Code, is
amended to read as follows:
Sec. 623.303. ISSUANCE OF PERMITS. The board [Texas
Transportation Commission] may authorize the port authority to
issue permits for the movement of oversize or overweight vehicles
carrying cargo on state highway special freight corridors located
in San Patricio County. The port authority may issue a permit under
this subchapter only if the cargo being transported weighs 125,000
pounds or less.
SECTION 31. Section 623.310, Transportation Code, is
amended to read as follows:
Sec. 623.310. RULES. The board [Texas Transportation
Commission] may adopt rules necessary to implement this subchapter.
SECTION 32. Section 227.025(a), Transportation Code, is
amended to read as follows:
(a) The board of the Texas Department of Motor Vehicles
[commission] may authorize the operation of a vehicle that exceeds
the height, length, or gross weight limitations of Subchapter C,
Chapter 621, on a segment of a highway on the Trans-Texas Corridor
if supported by an engineering and traffic study that includes an
analysis of the structural capacity of bridges and pavements,
current and projected traffic patterns and volume, and potential
effects on public safety.
SECTION 33. Section 547.304(c), Transportation Code, is
amended to read as follows:
(c) Except for Sections 547.323 and 547.324, a provision of
this chapter that requires a vehicle to be equipped with lamps,
reflectors, and lighting equipment does not apply to a mobile home
if the mobile home:
(1) is moved under a permit issued by the Texas
Department of Motor Vehicles [Transportation] under Subchapter D,
Chapter 623; and
(2) is not moved at a time or under a condition
specified by Section 547.302(a).
SECTION 34. Section 1001.002(b), Transportation Code, is
amended to read as follows:
(b) In addition to the other duties required of the Texas
Department of Motor Vehicles, the department shall administer and
enforce:
(1) Subtitle A;
(2) Chapters 621, 622, 623, 642, 643, 645, 646, and
648; and
(3) Chapters 2301 and 2302, Occupations Code.
SECTION 35. Sections 1201.161(a), (b), and (c), Occupations
Code, are amended to read as follows:
Sec. 1201.161. TRANSPORTATION OF MANUFACTURED HOUSING. (a)
Notwithstanding any other statute or rule or ordinance, a licensed
retailer or licensed installer is not required to obtain a permit,
certificate, or license or pay a fee to transport manufactured
housing to the place of installation except as required by the Texas
Department of Motor Vehicles [Transportation] under Subchapter E,
Chapter 623, Transportation Code.
(b) The department shall cooperate with the Texas
Department of Motor Vehicles [Transportation] by providing current
lists of licensed manufacturers, retailers, and installers.
(c) The Texas Department of Motor Vehicles [Transportation]
shall 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.
SECTION 36. (a) Not later than January 1, 2012, the
following are transferred from the Texas Department of
Transportation to the Texas Department of Motor Vehicles:
(1) the powers, duties, functions, programs, and
activities of the Texas Department of Transportation relating to
oversize and overweight vehicles under Chapters 621, 622, and 623,
Transportation Code;
(2) any obligations and contracts of the Texas
Department of Transportation that are directly related to
implementing a power, duty, function, program, or activity
transferred under this subsection; and
(3) all property and records in the custody of the
Texas Department of Transportation that are related to a power,
duty, function, program, or activity transferred under this
subsection and all funds appropriated by the legislature for that
power, duty, function, program, or activity.
(b) The Texas Department of Transportation and the Texas
Department of Motor Vehicles may agree by memorandum of
understanding to transfer to the Texas Department of Motor Vehicles
any personnel of the Texas Department of Transportation whose
functions predominantly involve powers, duties, obligations,
functions, and activities related to oversize and overweight
vehicles under Chapters 621, 622, and 623, Transportation Code.
(c) A rule or form adopted by the Texas Department of
Transportation that relates to a power, duty, function, program, or
activity transferred under Subsection (a) of this section is a rule
or form of the Texas Department of Motor Vehicles and remains in
effect until altered by the Texas Department of Motor Vehicles.
(d) A reference in law to the Texas Department of
Transportation that relates to a power, duty, function, program, or
activity transferred under Subsection (a) of this section means the
Texas Department of Motor Vehicles.
SECTION 37. The Texas Department of Transportation and the
Texas Department of Motor Vehicles shall enter into a memorandum of
understanding that:
(1) identifies in detail the applicable powers and
duties that are transferred by this Act; and
(2) establishes a plan for the identification and
transfer of the records, personnel, property, and unspent
appropriations of the Texas Department of Transportation that are
used for purposes of the Texas Department of Transportation's
powers and duties directly related to oversize and overweight
vehicles under Chapters 621, 622, and 623, Transportation Code.
SECTION 38. This Act takes effect September 1, 2011.