Bill Text: TX HB2102 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the authority of the governor to suspend requirements applicable to motor carriers during certain emergencies; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-04-18 - Left pending in committee [HB2102 Detail]
Download: Texas-2013-HB2102-Introduced.html
83R6048 JXC-F | ||
By: Guillen | H.B. No. 2102 |
|
||
|
||
relating to the authority of the governor to suspend requirements | ||
applicable to motor carriers during certain emergencies; | ||
authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 418.016, Government Code, is amended by | ||
adding Subsections (f), (g), and (h) to read as follows: | ||
(f) To the extent authorized by federal law, the governor | ||
may suspend any of the following requirements in response to an | ||
emergency or disaster declaration of another jurisdiction if strict | ||
compliance with the requirement would prevent, hinder, or delay | ||
necessary action in assisting another state with coping with an | ||
emergency or disaster: | ||
(1) a registration requirement in an agreement entered | ||
into under the International Registration Plan under Section | ||
502.091, Transportation Code; | ||
(2) a temporary registration permit requirement under | ||
Section 502.094, Transportation Code; | ||
(3) a provision of Subtitle E, Title 7, Transportation | ||
Code; | ||
(4) a motor carrier registration requirement under | ||
Chapter 643, Transportation Code; | ||
(5) a registration requirement under Chapter 645, | ||
Transportation Code; or | ||
(6) a fuel tax requirement under the International | ||
Fuel Tax Agreement described by 49 U.S.C. Section 31701 et seq. | ||
(g) For the purposes of Subsection (f), "emergency or | ||
disaster declaration of another jurisdiction" means an emergency | ||
declaration, a major disaster declaration, a state of emergency | ||
declaration, a state of disaster declaration, or a similar | ||
declaration made by: | ||
(1) the president of the United States under the | ||
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 | ||
U.S.C. Section 5121 et seq.); or | ||
(2) the governor of another state. | ||
(h) To the extent federal law requires this state to issue a | ||
special permit under 23 U.S.C. Section 127 or an executive order, a | ||
suspension issued under Subsection (f) is a special permit or an | ||
executive order. | ||
SECTION 2. Chapter 623, Transportation Code, is amended by | ||
adding Subchapter R to read as follows: | ||
SUBCHAPTER R. PERMIT TO DELIVER RELIEF SUPPLIES DURING NATIONAL | ||
EMERGENCY | ||
Sec. 623.341. PERMIT TO DELIVER RELIEF SUPPLIES. (a) | ||
Notwithstanding any other law, the department may issue a special | ||
permit during a major disaster as declared by the president of the | ||
United States under the Robert T. Stafford Disaster Relief and | ||
Emergency Assistance Act (42 U.S.C. Section 5121 et seq.) to an | ||
overweight or oversize vehicle or load that: | ||
(1) can easily be dismantled or divided; and | ||
(2) will be used only to deliver relief supplies. | ||
(b) A permit issued under this section expires not later | ||
than the 120th day after the date of the major disaster declaration. | ||
Sec. 623.342. RULES. The board may adopt rules necessary to | ||
implement this subchapter, including rules that establish: | ||
(1) the fee for a permit; and | ||
(2) requirements for obtaining a permit. | ||
Sec. 623.343. PERMIT CONDITIONS. The department may impose | ||
conditions on a permit holder to ensure the safe operation of a | ||
permitted vehicle and minimize damage to roadways, including | ||
requirements related to vehicle routing, hours of operation, weight | ||
limits, and lighting and requirements for escort vehicles. | ||
Sec. 623.344. PERMIT FEES. (a) The department may collect a | ||
fee for each permit issued under this subchapter. | ||
(b) A fee collected under this subchapter shall be sent to | ||
the comptroller for deposit to the credit of the state highway fund | ||
and may be appropriated only to the department. | ||
(c) The department may collect a highway maintenance fee | ||
under Section 623.077 or a vehicle supervision fee under Section | ||
623.078 from a person who holds a permit under this subchapter. The | ||
highway maintenance fee or vehicle supervision fee shall be sent to | ||
the comptroller and deposited as required by those sections. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |