H.B. No. 422

	AN ACT
	relating to certain oversize and overweight permits issued by the
	Texas Department of Transportation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 623, Transportation Code,
	is amended by adding Section 623.0181 to read as follows:
	Sec. 623.0181.  PERMITS FOR AUXILIARY POWER UNITS. The
	department may issue a permit that authorizes the operation of a
	commercial motor vehicle, trailer, semitrailer, or combination of
	those vehicles, or a truck-tractor or combination of a
	truck-tractor and one or more other vehicles, that exceeds the
	maximum weight limit as set by the department due to the presence of
	an auxiliary power unit that allows the vehicle to operate on
	electricity or battery power if the department finds that such an
	exemption would reduce nitrogen oxide emissions.
	SECTION 2.  Subchapter D, Chapter 623, Transportation Code,
	is amended by adding Section 623.0711 to read as follows:
	Sec. 623.0711.  PERMITS AUTHORIZED BY COMMISSION.  (a) The
	commission by rule may authorize the department to issue a permit to
	a motor carrier, as defined by Section 643.001, to transport
	multiple loads of the same commodity over a state highway if all of
	the loads are traveling between the same general locations.
	(b)  The commission may not authorize the issuance of a
	permit that would allow a vehicle to:
	(1)  violate federal regulations on size and weight
	requirements; or
	(2)  transport equipment that could reasonably be
	dismantled for transportation as separate loads.
	(c)  The commission rules must require that, before the
	department issues a permit under this section, the department:
	(1)  determine that the state will benefit from the
	consolidated permitting process; and
	(2)  complete a route and engineering study that
	considers:
	(A)  the estimated number of loads to be
	transported by the motor carrier under the permit;
	(B)  the size and weight of the commodity;
	(C)  available routes that can accommodate the
	size and weight of the vehicle and load to be transported;
	(D)  the potential roadway damage caused by
	repeated use of the road by the permitted vehicle;
	(E)  any disruption caused by the movement of the
	permitted vehicle; and
	(F)  the safety of the traveling public.
	(d)  The commission rules may authorize the department to
	impose on the motor carrier any condition regarding routing, time
	of travel, axle weight, and escort vehicles necessary to ensure
	safe operation and minimal damage to the roadway.
	(e)  A permit issued under this section may provide multiple
	routes to minimize damage to the roadways.
	(f)  The commission shall require the motor carrier to file a
	bond in an amount set by the commission, payable to the department
	and conditioned on the motor carrier paying to the department any
	damage that is sustained to a state highway because of the operation
	of a vehicle under a permit issued under this section.
	(g)  An application for a permit under this section must be
	accompanied by the permit fee established by the commission for the
	permit, not to exceed $9,000. The department shall send each fee to
	the comptroller for deposit to the credit of the state highway fund.
	(h)  In addition to the fee established under Subsection (g),
	the commission rules must authorize the department to collect a
	consolidated permit payment for a permit under this section in an
	amount not to exceed 15 percent of the fee established under
	Subsection (g), to be deposited to the credit of the state highway
	fund.
	(i)  The executive director of the department or the
	executive director's designee may suspend a permit issued under
	this section or alter a designated route because of:
	(1)  a change in pavement conditions;
	(2)  a change in traffic conditions;
	(3)  a geometric change in roadway configuration;
	(4)  construction or maintenance activity; or
	(5)  emergency or incident management.
	(j)  A violation of a permit issued under this section is
	subject to the administrative sanctions of Subchapter N.
	(k)  In this section, "commission" means the Texas
	Transportation Commission.
	SECTION 3.  Section 623.071, Transportation Code, is amended
	by adding Subsection (h) to read as follows:
	(h)  If on completion of a route and engineering study the
	department determines that the additional length can be transported
	safely, the department may issue to a person a single trip permit
	that allows the person to operate over a highway in this state
	superheavy or oversize equipment exceeding the length limitation
	established by Subsection (c) and that may be used in conjunction
	with an annual permit issued under that subsection.
	SECTION 4.  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, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 422 was passed by the House on March
	30, 2011, by the following vote:  Yeas 146, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 422 on May 27, 2011, by the following vote:  Yeas 128, Nays 10,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 422 was passed by the Senate, with
	amendments, on May 25, 2011, by the following vote:  Yeas 31, Nays
	0
	.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor