Bill Text: TX HB3532 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the regulation of motor vehicles and entities by the Texas Department of Motor Vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-22 - Referred to Transportation [HB3532 Detail]

Download: Texas-2021-HB3532-Introduced.html

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87R10568 JRR-F
By: Martinez H.B. No. 3532

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of motor vehicles and entities by the
Texas Department of Motor Vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1201.161(c), (d), and (e), Occupations
Code, are amended to read as follows:
(c) The Texas Department of Motor Vehicles shall provide to
[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.
(d) Unless the information provided for in Subsection (c) is
provided electronically, the department shall pay the reasonable
cost of providing [the copies or] the list and information under
Subsection (c).
(e) The [copies and] lists to be provided under this section
may be provided electronically.
SECTION 2. Section 256.101(3), Transportation Code, is
amended to read as follows:
(3) "Weight tolerance permit" means a permit issued
under Section 623.011 [Chapter 623] authorizing a vehicle to exceed
maximum legal weight limitations.
SECTION 3. Section 621.002, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (c), a [A] copy of the
registration receipt issued under Section 502.057 for a commercial
motor vehicle, truck-tractor, trailer, or semitrailer shall be:
(1) carried on the vehicle when the vehicle is on a
public highway; and
(2) presented to an officer authorized to enforce this
chapter on request of the officer.
(c) Subsection (a) does not apply to a vehicle that displays
a license plate issued under Section 502.0023(d-1) or 502.255(i).
SECTION 4. Section 621.101(a), Transportation Code, is
amended to read as follows:
(a) A vehicle or combination of vehicles may not be operated
over or on a public highway or at a port-of-entry between Texas and
the United Mexican States if the vehicle or combination has:
(1) a single axle weight heavier than 20,000 pounds,
including all enforcement tolerances;
(2) a tandem axle weight heavier than 34,000 pounds,
including all enforcement tolerances;
(3) an overall gross weight on a group of two or more
consecutive axles heavier than the weight computed using the
following formula and rounding the result to the nearest 500
pounds:
W = 500((LN/(N - 1)) + 12N + 36)
where:
"W" is maximum overall gross weight on the group;
"L" is distance in feet between the axles of the group that
are the farthest apart; and
"N" is number of axles in the group; or
(4) tires that carry a weight heavier than the weight
specified and marked on the sidewall of the tire, unless expressly
authorized [the vehicle is being operated] under the terms of a
special permit.
SECTION 5. Chapter 622, Transportation Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. AUTOMOBILE TRANSPORTERS
Sec. 622.151. DEFINITIONS. In this subchapter:
(1) "Automobile transporter" means any vehicle
combination designed and used for the transport of assembled motor
vehicles, including a truck-tractor as defined by Section
621.001(8)(A).
(2) "Backhaul" means the return trip of a vehicle
transporting cargo or general freight.
(3) "Stinger-steered" means a truck-tractor and
semitrailer combination in which the fifth wheel is located on a
drop frame located behind and below the rearmost axle of the
truck-tractor.
Sec. 622.152. AUTOMOBILE TRANSPORTER BACKHAULS. (a) An
automobile transporter that complies with the weight and size
limitations for a truck-tractor and semitrailer combination under
this subtitle may transport cargo or general freight on a backhaul.
(b) For purposes of Subsection (a), an automobile
transporter is presumed to be on a backhaul if the automobile
transporter is transporting cargo or general freight back over all
or part of the same route.
Sec. 622.153. MAXIMUM EXTENDED LENGTH OF LOAD.
Notwithstanding Section 621.206, an automobile transporter that is
stinger-steered may carry a load that extends not more than:
(1) four feet beyond its front; and
(2) six feet beyond its rear.
SECTION 6. Section 622.902, Transportation Code, is amended
to read as follows:
Sec. 622.902. LENGTH EXCEPTIONS. The length limitations
provided by Sections 621.203 to 621.205 do not apply to:
(1) machinery used exclusively for drilling water
wells, including machinery that is itself a unit or that is a unit
mounted on a conventional vehicle or chassis;
(2) a vehicle owned or operated by a public, private,
or volunteer fire department;
(3) a vehicle or combination of vehicles operated
exclusively in the territory of a municipality or to a combination
of vehicles operated by a municipality in a suburb adjoining the
municipality in which the municipality has been using the equipment
or similar equipment in connection with an established service to
the suburb;
(4) a truck-tractor, truck-tractor combination, or
truck-trailer combination exclusively transporting machinery,
materials, and equipment used in the construction, operation, and
maintenance of facilities, including pipelines, that are used for
the discovery, production, and processing of natural gas or
petroleum;
(5) a drive-away saddlemount vehicle transporter
combination or a drive-away saddlemount with fullmount vehicle
transporter combination, as defined by 23 C.F.R. Part 658 or its
successor, if:
(A) the overall length of the combination is not
longer than 97 feet; and
(B) the combination does not have more than three
saddlemounted vehicles if the combination does not include more
than one fullmount vehicle;
(6) the combination of a tow truck and another vehicle
or vehicle combination if:
(A) the other vehicle or vehicle combination
cannot be normally or safely driven or was abandoned on a highway;
and
(B) the tow truck is towing the other vehicle or
vehicle combination directly to the nearest authorized place of
repair, terminal, or destination of unloading;
(7) a vehicle or combination of vehicles used to
transport a harvest machine that is used in farm custom harvesting
operations on a farm if the overall length of the vehicle or
combination is not longer than:
(A) 75 feet if the vehicle is traveling on a
highway that is part of the national system of interstate and
defense highways or the federal aid primary highway system; or
(B) 81-1/2 feet if the vehicle is not traveling
on a highway that is part of the national system of interstate and
defense highways or the federal aid primary highway system; [or]
(8) a truck-tractor operated in combination with a
semitrailer and trailer or semitrailer and semitrailer if:
(A) the combination is used to transport a
harvest machine that is used in farm custom harvesting operations
on a farm;
(B) the overall length of the combination,
excluding the length of the truck-tractor, is not longer than
81-1/2 feet; and
(C) the combination is traveling on a highway
that:
(i) is not part of the national system of
interstate and defense highways or the federal aid primary highway
system; and
(ii) is located in a county with a
population of less than 300,000; or
(9) a towaway trailer transporter combination, as
defined by 49 U.S.C. Section 31111, if the overall length of the
combination is not longer than 82 feet.
SECTION 7. Section 622.952, Transportation Code, is amended
to read as follows:
Sec. 622.952. EMERGENCY [FIRE DEPARTMENT] VEHICLE. (a)
The weight limitations of Section 621.101 do not apply to an
emergency [a] vehicle [owned or operated by a public, private, or
volunteer fire department].
(b) The weight of an emergency [a fire department's] vehicle
may not exceed the greater of:
(1) [be heavier than] the manufacturer's gross vehicle
weight capacity or axle design rating; or
(2) including all enforcement tolerances, a:
(A) gross weight of 86,000 pounds;
(B) single steering axle weight of 24,000 pounds;
(C) single drive axle weight of 33,500 pounds;
(D) tandem axle weight of 62,000 pounds; or
(E) tandem rear drive steer axle weight of 52,000
pounds.
(c) In this section, "emergency vehicle" means a vehicle
designed to be used under emergency conditions:
(1) to transport personnel and equipment; and
(2) to support the suppression of fires and mitigation
of other hazardous situations.
SECTION 8. Section 622.955(c), Transportation Code, is
amended to read as follows:
(c) The weight increase under Subsection (b) may not be
greater than 500 [400] pounds.
SECTION 9. Section 623.011(b), Transportation Code, is
amended to read as follows:
(b) To qualify for a permit under this section:
(1) the vehicle must be registered under Chapter 502
for the maximum gross weight applicable to the vehicle under
Section 621.101, not to exceed 80,000 pounds; and
(2) [the security requirement of Section 623.012 must
be satisfied; and
[(3)] a base permit fee of $90, any additional fee
required by Section 623.0111, and any additional fee set by the
board under Section 623.0112 must be paid.
SECTION 10. Section 623.0112, Transportation Code, is
amended to read as follows:
Sec. 623.0112. ADDITIONAL ADMINISTRATIVE FEE. When a
person applies for a permit under Section 623.011, the person must
pay in addition to other fees an administrative fee adopted by board
rule in an amount not to exceed the direct and indirect cost to the
department of:
(1) issuing a sticker under Section 623.011(d);
(2) distributing fees under Section 621.353; and
(3) maintaining the list [notifying counties] under
Section 623.013.
SECTION 11. Section 623.013, Transportation Code, is
amended to read as follows:
Sec. 623.013. LIST OF PERMITS ISSUED [DEPARTMENT'S NOTICE
TO COUNTY]. The department shall make available on the
department's Internet website a searchable and downloadable list by
county of each [(a) Not later than the 14th day after the date the
department issues a] permit issued under Section 623.011[, the
department shall notify the county clerk of each county listed in
the application for the permit]. The list [notice] must include the
following information for each permit:
(1) the name and address of the person for whom the [a]
permit was issued; [and]
(2) the vehicle identification number and license
plate number of the vehicle;
(3) the permit number; and
(4) the effective date of the permit.
[(b) The department shall send a copy of the permit and the
bond or letter of credit required for the permit with the notice
required by this section.]
SECTION 12. Section 623.015, Transportation Code, is
amended to read as follows:
Sec. 623.015. LIABILITY FOR DAMAGE. [(a) The liability of
a holder of a permit issued under Section 623.011 for damage to a
state road or highway or a county road is not limited to the amount
of the bond or letter of credit required for the issuance of the
permit.
[(b)] The holder of a permit issued under Section 623.011
[who has filed the bond or letter of credit required for the permit
and who has filed the notice required by Section 623.013] is liable
to the county only for the actual damage to a county road, bridge,
or culvert with a load limitation established under Subchapter B of
Chapter 621 or Section 621.301 caused by the operation of the
vehicle in excess of the limitation. If a county judge, county
commissioner, county road supervisor, or county traffic officer
requires the vehicle to travel over a designated route, it is
presumed that the designated route, including a bridge or culvert
on the route, is of sufficient strength and design to carry and
withstand the weight of the vehicle traveling over the designated
route.
SECTION 13. Sections 623.0171(b) and (e), Transportation
Code, are amended to read as follows:
(b) The department may issue a permit that authorizes the
operation of a ready-mixed concrete truck in the manner prescribed
by Section 622.012(b) [with three axles].
(e) When the department issues a permit under this section,
the department shall issue a sticker to be placed on the front
windshield of the vehicle [above the inspection certificate issued
to the vehicle]. The department shall design the form of the
sticker to aid in the enforcement of weight limits for vehicles.
SECTION 14. Section 623.018(d), Transportation Code, is
amended to read as follows:
(d) If a vehicle is being operated in compliance with a
permit issued under Section 623.011 or 623.402, a commissioners
court may not:
(1) issue a permit under this section or charge an
additional fee for or otherwise regulate or restrict the operation
of the vehicle because of weight; or
(2) require the owner or operator to:
(A) execute or comply with a road use agreement
or indemnity agreement;
(B) make a filing or application; or
(C) provide a bond or letter of credit[, other
than the bond or letter of credit prescribed by Section 623.012 for
a vehicle issued a permit under Section 623.011].
SECTION 15. Sections 623.071(a), (c), and (c-1),
Transportation Code, are amended to read as follows:
(a) The department may issue a permit to allow the operation
on [a person to operate over] a state highway of [superheavy or
oversize] equipment that exceeds the weight and size limits
provided by law for the movement of equipment [:
[(1) is used to transport cylindrically shaped bales of
hay] or a commodity that cannot reasonably be dismantled[; and
[(2) has a gross weight or size that exceeds the limits
allowed by law to be transported over a state highway].
(c) The department may issue an annual permit to allow the
operation on a state highway of equipment that exceeds weight and
size limits provided by law for the movement of:
(1) an implement of husbandry by a dealer;
(2) water well drilling machinery and equipment or
harvesting equipment being moved as part of an agricultural
operation; or
(3) [superheavy or oversize] equipment or a commodity
that:
(A) cannot reasonably be dismantled; and
(B) does not exceed:
(i) 12 feet in width;
(ii) 14 feet in height;
(iii) 110 feet in length; or
(iv) 120,000 pounds gross weight.
(c-1) The department may issue an annual permit that allows
a person to operate over a state highway or road a vehicle or
combination of vehicles transporting a load that cannot reasonably
be dismantled that exceeds the length and height limits provided by
law, except that:
(1) the maximum length allowed may not exceed 110
feet; and
(2) the maximum height allowed may not exceed 14 feet.
SECTION 16. Section 623.0711(g), Transportation Code, as
amended by Chapters 1135 (H.B. 2741) and 1287 (H.B. 2202), Acts of
the 83rd Legislature, Regular Session, 2013, is reenacted to read
as follows:
(g) An application for a permit under this section must be
accompanied by the permit fee established by the department, in
consultation with the commission, for the permit, not to exceed
$9,000. The department shall send each fee to the comptroller, who
shall deposit:
(1) 90 percent of the fee to the credit of the state
highway fund; and
(2) 10 percent of the fee to the credit of the Texas
Department of Motor Vehicles fund.
SECTION 17. Section 623.075, Transportation Code, is
amended to read as follows:
Sec. 623.075. ADDITIONAL REQUIREMENTS FOR ISSUANCE OF
PERMIT [BOND]. (a) Except as provided by Subsection (b), [Before]
the department may issue a permit under this subchapter only to an[,
the] applicant registered under Chapter 643 [shall file with the
department a bond in an amount set by the Texas Department of
Transportation, payable to the Texas Department of Transportation,
and conditioned that the applicant will pay to the Texas Department
of Transportation any damage that might be sustained to the highway
because of the operation of the equipment for which a permit is
issued].
(b) Subsection (a) [Venue of a suit for recovery on the bond
is in Travis County.
[(c) This section applies to the delivery of farm equipment
to a farm equipment dealer. This section] does not apply to a
permit for:
(1) the driving or transporting of farm equipment that
is being used for an agricultural purpose and is driven or
transported by or under the authority of the owner of the equipment;
or
(2) a vehicle or equipment that is not subject to
[operated by a motor carrier registered under] Chapter 643 or
Chapter 645.
(c) Before the department issues a permit under this
subchapter for a vehicle or equipment described by Subsection
(b)(2), the applicant shall file with the department a bond in an
amount set by the Texas Department of Transportation, payable to
the Texas Department of Transportation, and conditioned that the
applicant will pay to the Texas Department of Transportation any
damage that might be sustained to the highway because of the
operation of the vehicle or equipment for which a permit is issued.
Venue of a suit for recovery on the bond is in Travis County.
SECTION 18. Subchapter E, Chapter 623, Transportation Code,
is amended by adding Section 623.0975 to read as follows:
Sec. 623.0975. LIST OF PERMITS ISSUED. The department
shall make available on the department's Internet website a
searchable and downloadable list by county of each permit issued
under this subchapter. The list must include the following
information for each permit:
(1) the permit number and issue date of the permit;
(2) the name of the person for whom the permit was
issued;
(3) the length, width, and height of the manufactured
house and the towing vehicle in combination;
(4) the name of the owner of the house;
(5) the model and year of manufacture of the house;
(6) the complete identification or serial number, the
United States Department of Housing and Urban Development label
number, or the state seal number of the house; and
(7) the origin county and address and destination
county and address of the house.
SECTION 19. Section 623.322(a), Transportation Code, is
amended to read as follows:
(a) To qualify for a permit under this subchapter for a
vehicle or combination of vehicles, a person must:
(1) pay a permit fee of $900; and
(2) designate in the permit application the timber
producing counties described by Section 623.321(a) in which the
vehicle or combination of vehicles will be operated[; and
[(3) satisfy the security requirement of Section
623.012].
SECTION 20. Sections 623.323(b) and (e), Transportation
Code, are amended to read as follows:
(b) Before a vehicle or combination of vehicles for which a
permit is issued under this subchapter may be operated on a road
maintained by a county or a state highway, the financially
responsible party shall execute a notification document and agree
to reimburse the county or the state, as applicable, for damage to a
road or highway sustained as a consequence of the transportation
authorized by the permit. At a minimum, the notification document
must include:
(1) the name and address of the financially
responsible party;
(2) a description of each permit issued for the
vehicle or combination of vehicles;
(3) a description of the method of compliance by the
financially responsible party with Section [Sections] 601.051,
643.101, or 643.102 [and 623.012];
(4) the address or location of the geographic area in
which the financially responsible party wishes to operate a vehicle
or combination of vehicles and a designation of the specific route
of travel anticipated by the financially responsible party,
including the name or number of each road maintained by a county or
state highway;
(5) a calendar or schedule of duration that includes
the days and hours of operation during which the financially
responsible party reasonably anticipates using the county road or
state highway identified in Subdivision (4); and
(6) a list of each vehicle or combination of vehicles
by license plate number or other registration information, and a
description of the means by which financial responsibility is
established for each vehicle or combination of vehicles if each
vehicle or combination of vehicles is not covered by a single
insurance policy, surety bond, deposit, or other means of financial
assurance.
(e) The state or a county required to be notified under this
section may assert a claim against any [security posted under
Section 623.012 or] insurance filed under Section 643.103 for
damage to a road or highway sustained as a consequence of the
transportation authorized by the permit.
SECTION 21. Section 643.059(c), Transportation Code, is
amended to read as follows:
(c) A motor carrier required to register under this
subchapter must keep the cab card, in a manner prescribed by the
department, in the cab of each vehicle requiring registration the
carrier operates.
SECTION 22. Section 643.103(b), Transportation Code, is
amended to read as follows:
(b) A motor carrier shall keep evidence of insurance in a
manner prescribed [form approved] by the department in the cab of
each vehicle requiring registration the carrier operates.
SECTION 23. Section 643.253(a), Transportation Code, is
amended to read as follows:
(a) A person commits an offense if the person fails to:
(1) register as required by Subchapter B;
(2) maintain insurance or evidence of financial
responsibility as required by Subchapter C; or
(3) keep a cab card in the cab of a vehicle as required
by Section 643.059 or comply with an alternative method to the cab
card established by the department under Section 643.059(e).
SECTION 24. 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 25. The following provisions of the Transportation
Code are repealed:
(1) Sections 623.012 and 623.016;
(2) Section 623.0711(f);
(3) Section 623.093(e); and
(4) Chapter 646.
SECTION 26. The repeal by this Act of Chapter 646,
Transportation Code, does not apply to an offense committed under
that chapter before the effective date of the repeal. An offense
committed before the effective date of the repeal is governed by the
law as it existed on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
the repeal if any element of the offense occurred before that date.
SECTION 27. This Act takes effect September 1, 2021.