Bill Text: TX HB4548 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the issuance of oversize or overweight permits for vehicles transporting agricultural commodities during or preceding a disaster.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2021-05-04 - Referred to Transportation [HB4548 Detail]
Download: Texas-2021-HB4548-Engrossed.html
| 87R19958 JRR-F | ||
| By: Burns, Guillen | H.B. No. 4548 | |
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| relating to the issuance of oversize or overweight permits for | ||
| vehicles transporting agricultural commodities during or preceding | ||
| a disaster. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 621.102(d), Transportation Code, is | ||
| amended to read as follows: | ||
| (d) A vehicle operating under a permit issued under Section | ||
| 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, | ||
| 623.212, [ |
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| operate under the conditions authorized by the permit over a road | ||
| for which the executive director of the Texas Department of | ||
| Transportation has set a maximum weight under this section. | ||
| SECTION 2. Section 621.301(e), Transportation Code, is | ||
| amended to read as follows: | ||
| (e) A vehicle operating under a permit issued under Section | ||
| 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, | ||
| 623.212, [ |
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| operate under the conditions authorized by the permit over a road | ||
| for which the commissioners court has set a maximum weight under | ||
| this section. | ||
| SECTION 3. Chapter 623, Transportation Code, is amended by | ||
| adding Subchapter W to read as follows: | ||
| SUBCHAPTER W. PERMIT FOR VEHICLES TRANSPORTING AGRICULTURAL | ||
| COMMODITIES DURING OR PRECEDING DISASTER | ||
| Sec. 623.451. PERMIT TO DELIVER AGRICULTURAL COMMODITIES. | ||
| (a) In this section: | ||
| (1) "Agricultural commodity" means an agricultural, | ||
| horticultural, viticultural, silvicultural, or vegetable product, | ||
| bees or honey, planting seed, cottonseed, rice, livestock or a | ||
| livestock product, or poultry or a poultry product that is produced | ||
| in this state, either in its natural form or as processed by the | ||
| producer, including woodchips. | ||
| (2) "Division" means the Texas Division of Emergency | ||
| Management. | ||
| (b) Notwithstanding any other law, the department may issue | ||
| a special permit to an oversize or overweight vehicle or load that: | ||
| (1) can easily be dismantled or divided; and | ||
| (2) will be used only to deliver agricultural | ||
| commodities. | ||
| (c) The department may issue a permit under this section | ||
| only: | ||
| (1) during an emergency or 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.) or following a declaration of a state of disaster | ||
| under Section 418.014, Government Code; or | ||
| (2) preceding an event that may result in a | ||
| declaration of a state of disaster under Section 418.014, | ||
| Government Code, if issuance of the permit for the event is | ||
| authorized by the division. | ||
| (d) A person may file an application to the division in the | ||
| manner prescribed by the division requesting that the division | ||
| authorize the issuance of a permit preceding an event described by | ||
| Subsection (c)(2). If the division authorizes the issuance of the | ||
| permit, the division shall notify the department of that decision | ||
| in the manner prescribed by the department and include in the notice | ||
| the counties in which a vehicle issued the permit may be operated. | ||
| (e) A permit under this section that is issued under: | ||
| (1) Subsection (c)(1) expires not later than the 120th | ||
| day after the date of the disaster or emergency declaration; or | ||
| (2) Subsection (c)(2) expires not later than the 120th | ||
| day after the date the department receives notice from the division | ||
| under Subsection (d) authorizing the issuance of the permit. | ||
| Sec. 623.452. RULES. The board may adopt rules necessary to | ||
| implement this subchapter, including rules that establish the | ||
| requirements for obtaining a permit. | ||
| Sec. 623.453. 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. 623.454. INTERSTATE AND DEFENSE HIGHWAYS AND FEDERAL | ||
| AID PRIMARY HIGHWAY SYSTEM. (a) This subchapter does not authorize | ||
| the operation on the national system of interstate and defense | ||
| highways or the federal aid primary highway system in this state of | ||
| a vehicle with a size or weight greater than those permitted under | ||
| 23 U.S.C. Section 127 or 49 U.S.C. Sections 31111 through 31114. | ||
| (b) If the United States authorizes the operation on the | ||
| national system of interstate and defense highways or the federal | ||
| aid primary highway system of a vehicle with a size or weight | ||
| greater than those permitted under 23 U.S.C. Section 127 or 49 | ||
| U.S.C. Sections 31111 through 31114 on September 1, 2021, the new | ||
| limit automatically takes effect on the national system of | ||
| interstate and defense highways or the federal aid primary highway | ||
| system in this state. | ||
| SECTION 4. This Act takes effect September 1, 2021. | ||
