Texas 2011 - 82nd Regular

Texas House Bill HB1363 Compare Versions

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1	1	82R19024 NAJ-F
2	2	By: McClendon, Harper-Brown H.B. No. 1363
3	3	Substitute the following for H.B. No. 1363:
4	4	By: Harper-Brown C.S.H.B. No. 1363
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the transfer of permit procedures and enforcement
10	10	related to oversize and overweight vehicles from the Texas
11	11	Department of Transportation to the Texas Department of Motor
12	12	Vehicles.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 621.001, Transportation Code, is amended
15	15	by amending Subdivisions (3) and (4) and adding Subdivision (13) to
16	16	read as follows:
17	17	(3) "Department" means the Texas Department of Motor
18	18	Vehicles [Transportation].
19	19	(4) "Director" means the executive director of the
20	20	Texas Department of Motor Vehicles [Transportation].
21	21	(13) "Board" means the board of the Texas Department
22	22	of Motor Vehicles.
23	23	SECTION 2. Section 621.003(a), Transportation Code, is
24	24	amended to read as follows:
25	25	(a) The board [commission] by rule may authorize the
26	26	director to enter into with the proper authority of another state an
27	27	agreement that authorizes:
28	28	(1) the authority of the other state to issue on behalf
29	29	of the department to the owner or operator of a vehicle, or
30	30	combination of vehicles, that exceeds the weight or size limits
31	31	allowed by this state a permit that authorizes the operation or
32	32	transportation on a highway in this state of the vehicle or
33	33	combination of vehicles; and
34	34	(2) the department to issue on behalf of the authority
35	35	of the other state to the owner or operator of a vehicle, or
36	36	combination of vehicles, that exceeds the weight or size limits
37	37	allowed by that state a permit that authorizes the operation or
38	38	transportation on a highway of that state of the vehicle or
39	39	combination of vehicles.
40	40	SECTION 3. Section 621.004, Transportation Code, is amended
41	41	to read as follows:
42	42	Sec. 621.004. ADMISSIBILITY OF CERTIFICATE OF VERTICAL
43	43	CLEARANCE. In each civil or criminal proceeding in which a
44	44	violation of this chapter may be an issue, a certificate of the
45	45	vertical clearance of a structure, including a bridge or underpass,
46	46	signed by the executive director of the Texas Department of
47	47	Transportation is admissible in evidence for all purposes.
48	48	SECTION 4. Section 621.006, Transportation Code, is amended
49	49	to read as follows:
50	50	Sec. 621.006. RESTRICTED OPERATION ON CERTAIN HOLIDAYS.
51	51	The commission [department] by rule may impose restrictions on the
52	52	weight and size of vehicles to be operated on state highways on the
53	53	following holidays only:
54	54	(1) New Year's Day;
55	55	(2) Memorial Day;
56	56	(3) Independence Day;
57	57	(4) Labor Day;
58	58	(5) Thanksgiving Day; and
59	59	(6) Christmas Day.
60	60	SECTION 5. Subchapter A, Chapter 621, Transportation Code,
61	61	is amended by adding Section 621.008 to read as follows:
62	62	Sec. 621.008. RULEMAKING AUTHORITY. The board may adopt
63	63	rules necessary to implement and enforce this chapter.
64	64	SECTION 6. Section 621.102(d), Transportation Code, is
65	65	amended to read as follows:
66	66	(d) A maximum weight or load set under this section becomes
67	67	effective on a highway or road when appropriate signs giving notice
68	68	of the maximum weight or load are erected on the highway or road by
69	69	the Texas Department of Transportation under order of the
70	70	commission.
71	71	SECTION 7. Sections 621.202(a) and (b), Transportation
72	72	Code, are amended to read as follows:
73	73	(a) To comply with safety and operational requirements of
74	74	federal law, the commission by order may set the maximum width of a
75	75	vehicle, including the load on the vehicle, at eight feet for a
76	76	designated highway or segment of a highway if the results of an
77	77	engineering and traffic study, conducted by the Texas Department of
78	78	Transportation, that includes an analysis of structural capacity of
79	79	bridges and pavements, traffic volume, unique climatic conditions,
80	80	and width of traffic lanes support the change.
81	81	(b) An order under this section becomes effective on the
82	82	designated highway or segment when appropriate signs giving notice
83	83	of the limitations are erected by the Texas Department of
84	84	Transportation.
85	85	SECTION 8. Sections 621.301(a) and (d), Transportation
86	86	Code, are amended to read as follows:
87	87	(a) The commissioners court of a county may establish load
88	88	limits for any county road or bridge only with the concurrence of
89	89	the Texas Department of Transportation [department]. A load limit
90	90	shall be deemed concurred with by the Texas Department of
91	91	Transportation [department] 30 days after the county submits to the
92	92	Texas Department of Transportation [department] the load limit
93	93	accompanied by supporting documentation and calculations reviewed
94	94	and sealed by an engineer licensed in this state, though the Texas
95	95	Department of Transportation [department] may review the load limit
96	96	and withdraw concurrence at any time after the 30-day period.
97	97	(d) A maximum weight set under this section becomes
98	98	effective on a road when appropriate signs giving notice of the
99	99	maximum weight are erected by the Texas Department of
100	100	Transportation on the road under order of the commissioners court.
101	101	SECTION 9. Section 621.352(a), Transportation Code, is
102	102	amended to read as follows:
103	103	(a) The board [commission] by rule may establish fees for
104	104	the administration of Section 621.003 in an amount that, when added
105	105	to the other fees collected by the department, does not exceed the
106	106	amount sufficient to recover the actual cost to the department of
107	107	administering that section. An administrative fee collected under
108	108	this section shall be sent to the comptroller for deposit to the
109	109	credit of the state highway fund and may be appropriated only to the
110	110	department for the administration of Section 621.003.
111	111	SECTION 10. Section 621.356, Transportation Code, is
112	112	amended to read as follows:
113	113	Sec. 621.356. FORM OF PAYMENT. The board [commission] may
114	114	adopt rules prescribing the method for payment of a fee for a permit
115	115	issued by the department that authorizes the operation of a vehicle
116	116	and its load or a combination of vehicles and load exceeding size or
117	117	weight limitations. The rules may:
118	118	(1) authorize the use of electronic funds transfer or
119	119	a credit card issued by:
120	120	(A) a financial institution chartered by a state
121	121	or the federal government; or
122	122	(B) a nationally recognized credit organization
123	123	approved by the board [commission]; and
124	124	(2) require the payment of a discount or service
125	125	charge for a credit card payment in addition to the fee.
126	126	SECTION 11. Section 621.504, Transportation Code, is
127	127	amended to read as follows:
128	128	Sec. 621.504. BRIDGE OR UNDERPASS CLEARANCE. A person may
129	129	not operate or attempt to operate a vehicle over or on a bridge or
130	130	through an underpass or similar structure unless the height of the
131	131	vehicle, including load, is less than the vertical clearance of the
132	132	structure as shown by the records of the Texas Department of
133	133	Transportation [department].
134	134	SECTION 12. Section 622.001, Transportation Code, is
135	135	amended to read as follows:
136	136	Sec. 622.001. DEFINITIONS [DEFINITION]. In this chapter:
137	137	(1) "Commission" means the Texas Transportation
138	138	Commission.
139	139	(2) "Department"[, "department"] means the Texas
140	140	Department of Motor Vehicles [Transportation].
141	141	SECTION 13. Subchapter A, Chapter 622, Transportation Code,
142	142	is amended by adding Section 622.002 to read as follows:
143	143	Sec. 622.002. RULEMAKING AUTHORITY. The board of the
144	144	department may adopt rules necessary to implement and enforce this
145	145	chapter.
146	146	SECTION 14. Sections 622.013(a) and (b), Transportation
147	147	Code, are amended to read as follows:
148	148	(a) The owner of a ready-mixed concrete truck with a tandem
149	149	axle weight heavier than 34,000 pounds shall before operating the
150	150	vehicle on a public highway of this state file with the department a
151	151	surety bond subject to the approval of the Texas Department of
152	152	Transportation [department] in the principal amount set by the
153	153	Texas Department of Transportation [department] not to exceed
154	154	$15,000 for each truck.
155	155	(b) The bond must be conditioned that the owner of the truck
156	156	will pay to the Texas Department of Transportation [state], within
157	157	the limit of the bond, any damage to a highway caused by the
158	158	operation of the truck.
159	159	SECTION 15. Sections 622.134(a) and (b), Transportation
160	160	Code, are amended to read as follows:
161	161	(a) Except as provided by Subsection (c), the owner of a
162	162	vehicle covered by this subchapter with a tandem axle weight
163	163	heavier than 34,000 pounds shall before operating the vehicle on a
164	164	public highway of this state file with the department a surety bond
165	165	subject to the approval of the Texas Department of Transportation
166	166	[department] in the principal amount set by the Texas Department of
167	167	Transportation [department] not to exceed $15,000 for each vehicle.
168	168	(b) The bond must be conditioned that the owner of the
169	169	vehicle will pay, within the limits of the bond, to the Texas
170	170	Department of Transportation [state] any damage to a highway, to a
171	171	county any damage to a county road, and to a municipality any damage
172	172	to a municipal street caused by the operation of the vehicle.
173	173	SECTION 16. Section 623.001, Transportation Code, is
174	174	amended by amending Subdivision (1) and adding Subdivisions (4) and
175	175	(5) to read as follows:
176	176	(1) "Department" means the Texas Department of Motor
177	177	Vehicles [Transportation].
178	178	(4) "Board" means the board of the Texas Department of
179	179	Motor Vehicles.
180	180	(5) "Commission" means the Texas Transportation
181	181	Commission.
182	182	SECTION 17. Subchapter A, Chapter 623, Transportation Code,
183	183	is amended by adding Sections 623.002 and 623.003 to read as
184	184	follows:
185	185	Sec. 623.002. RULEMAKING AUTHORITY. The board may adopt
186	186	rules necessary to implement and enforce this chapter.
187	187	Sec. 623.003. ROUTE DETERMINATION. (a) To the extent the
188	188	department is required to determine a route under this chapter, the
189	189	department shall base the department's routing decision on
190	190	information provided by the Texas Department of Transportation.
191	191	(b) The Texas Department of Transportation shall provide
192	192	the department with all routing information necessary to complete a
193	193	permit issued under Section 623.071, 623.121, 623.142, or 623.192.
194	194	SECTION 18. Section 623.0112, Transportation Code, is
195	195	amended to read as follows:
196	196	Sec. 623.0112. ADDITIONAL ADMINISTRATIVE FEE. When a
197	197	person applies for a permit under Section 623.011, the person must
198	198	pay in addition to other fees an administrative fee adopted by board
199	199	[department] rule in an amount not to exceed the direct and indirect
200	200	cost to the department of:
201	201	(1) issuing a sticker under Section 623.011(d);
202	202	(2) distributing fees under Section 621.353; and
203	203	(3) notifying counties under Section 623.013.
204	204	SECTION 19. Section 623.012(b), Transportation Code, is
205	205	amended to read as follows:
206	206	(b) The bond or letter of credit must:
207	207	(1) be in the amount of $15,000 payable to the Texas
208	208	Department of Transportation [department] and the counties of this
209	209	state;
210	210	(2) be conditioned that the applicant will pay the
211	211	Texas Department of Transportation [department] for any damage to a
212	212	state highway, and a county for any damage to a road or bridge of the
213	213	county, caused by the operation of the vehicle for which the permit
214	214	is issued at a heavier weight than the maximum weights authorized by
215	215	Subchapter B of Chapter 621 or Section 621.301; and
216	216	(3) provide that the issuer is to notify the Texas
217	217	Department of Transportation [department] and the applicant in
218	218	writing promptly after a payment is made by the issuer on the bond
219	219	or letter of credit.
220	220	SECTION 20. Sections 623.016(a) and (b), Transportation
221	221	Code, are amended to read as follows:
222	222	(a) The Texas Department of Transportation [department] or
223	223	a county may recover on the bond or letter of credit required for a
224	224	permit issued under Section 623.011 only by a suit against the
225	225	permit holder and the issuer of the bond or letter of credit.
226	226	(b) Venue for a suit by the Texas Department of
227	227	Transportation [department] is in a district court in:
228	228	(1) the county in which the defendant resides;
229	229	(2) the county in which the defendant has its
230	230	principal place of business in this state if the defendant is a
231	231	corporation or partnership; or
232	232	(3) Travis County if the defendant is a corporation or
233	233	partnership that does not have a principal place of business in this
234	234	state.
235	235	SECTION 21. Section 623.051(a), Transportation Code, is
236	236	amended to read as follows:
237	237	(a) A person may operate a vehicle that cannot comply with
238	238	one or more of the restrictions of Subchapter C of Chapter 621 or
239	239	Section 621.101 to cross the width of any road or highway under the
240	240	jurisdiction of the Texas Department of Transportation
241	241	[department], other than a controlled access highway as defined by
242	242	Section 203.001, from private property to other private property if
243	243	the person contracts with the commission to indemnify the Texas
244	244	Department of Transportation [department] for the cost of
245	245	maintenance and repair of the part of the highway crossed by the
246	246	vehicle.
247	247	SECTION 22. Section 623.052(b), Transportation Code, is
248	248	amended to read as follows:
249	249	(b) Before a person may operate a vehicle under this
250	250	section, the person must:
251	251	(1) contract with the Texas Department of
252	252	Transportation [department] to indemnify the Texas Department of
253	253	Transportation [department] for the cost of the maintenance and
254	254	repair for damage caused by a vehicle crossing that part of the
255	255	highway; and
256	256	(2) execute an adequate surety bond to compensate for
257	257	the cost of maintenance and repair, approved by the comptroller and
258	258	the attorney general, with a corporate surety authorized to do
259	259	business in this state, conditioned on the person fulfilling each
260	260	obligation of the agreement.
261	261	SECTION 23. Section 623.075(a), Transportation Code, is
262	262	amended to read as follows:
263	263	(a) Before the department may issue a permit under this
264	264	subchapter, the applicant shall file with the department a bond in
265	265	an amount set by the Texas Department of Transportation
266	266	[department], payable to the Texas Department of Transportation
267	267	[department], and conditioned that the applicant will pay to the
268	268	Texas Department of Transportation [department] any damage that
269	269	might be sustained to the highway because of the operation of the
270	270	equipment for which a permit is issued.
271	271	SECTION 24. Sections 623.076(b) and (c), Transportation
272	272	Code, are amended to read as follows:
273	273	(b) The board [Texas Transportation Commission] may adopt
274	274	rules for the payment of a fee under Subsection (a). The rules may:
275	275	(1) authorize the use of electronic funds transfer;
276	276	(2) authorize the use of a credit card issued by:
277	277	(A) a financial institution chartered by a state
278	278	or the United States; or
279	279	(B) a nationally recognized credit organization
280	280	approved by the board [Texas Transportation Commission]; and
281	281	(3) require the payment of a discount or service
282	282	charge for a credit card payment in addition to the fee prescribed
283	283	by Subsection (a).
284	284	(c) An application for a permit under Section 623.071(c)(3)
285	285	or (d) must be accompanied by the permit fee established by the
286	286	board, in consultation with the commission, for the permit, not to
287	287	exceed $7,000. Of each fee collected under this subsection, the
288	288	department shall send:
289	289	(1) the first $1,000 to the comptroller for deposit to
290	290	the credit of the general revenue fund; and
291	291	(2) any amount in excess of $1,000 to the comptroller
292	292	for deposit to the credit of the state highway fund.
293	293	SECTION 25. Section 623.078, Transportation Code, is
294	294	amended to read as follows:
295	295	Sec. 623.078. VEHICLE SUPERVISION FEE. (a) Each applicant
296	296	for a permit under this subchapter for a vehicle that is heavier
297	297	than 200,000 pounds must also pay a vehicle supervision fee in an
298	298	amount determined by the Texas Department of Transportation
299	299	[department] and designed to recover the direct cost of providing
300	300	safe transportation of the vehicle over the state highway system,
301	301	including the cost of:
302	302	(1) bridge structural analysis;
303	303	(2) the monitoring of the trip process; and
304	304	(3) moving traffic control devices.
305	305	(b) The board [department] shall send each fee collected
306	306	under Subsection (a) to the comptroller for deposit to the credit of
307	307	the state highway fund.
308	308	SECTION 26. Section 623.080(a), Transportation Code, is
309	309	amended to read as follows:
310	310	(a) Except as provided by Subsection (b), a permit under
311	311	this subchapter must include:
312	312	(1) the name of the applicant;
313	313	(2) the date of issuance;
314	314	(3) the signature of the director of the department
315	315	[or of a division engineer];
316	316	(4) a statement of the kind of equipment to be
317	317	transported over the highway, the weight and dimensions of the
318	318	equipment, and the kind and weight of each commodity to be
319	319	transported; and
320	320	(5) a statement of any condition on which the permit is
321	321	issued.
322	322	SECTION 27. Section 623.093(f), Transportation Code, is
323	323	amended to read as follows:
324	324	(f) If an application for a permit to move a manufactured
325	325	house is accompanied by a copy of a writ of possession issued by a
326	326	court of competent jurisdiction, the applicant is not required to
327	327	submit the written statement from the chief appraiser [set forth in
328	328	Subsection (d)].
329	329	SECTION 28. Section 623.096(b), Transportation Code, is
330	330	amended to read as follows:
331	331	(b) The board, in consultation with the Texas Department of
332	332	Transportation, [department] shall adopt rules concerning fees for
333	333	each annual permit issued under Section 623.095(c) at a cost not to
334	334	exceed $3,000.
335	335	SECTION 29. Section 623.099(e), Transportation Code, is
336	336	amended to read as follows:
337	337	(e) The Texas Department of Transportation [department]
338	338	shall publish and annually revise a map or list of the bridges or
339	339	overpasses that because of height or width require an escort flag
340	340	vehicle to stop oncoming traffic while a manufactured house crosses
341	341	the bridge or overpass.
342	342	SECTION 30. Sections 623.100(b) and (c), Transportation
343	343	Code, are amended to read as follows:
344	344	(b) The Texas Department of Transportation [department] may
345	345	limit the hours for travel on certain routes because of heavy
346	346	traffic conditions.
347	347	(c) The Texas Department of Transportation [department]
348	348	shall publish the limitation on movements prescribed by this
349	349	section and the limitations adopted under Subsection (b) and shall
350	350	make the publications available to the public. Each limitation
351	351	adopted by the Texas Department of Transportation [department] must
352	352	be made available to the public before it takes effect.
353	353	SECTION 31. Section 623.126(a), Transportation Code, is
354	354	amended to read as follows:
355	355	(a) A permit issued under this subchapter must:
356	356	(1) contain the name of the applicant;
357	357	(2) be dated and signed by the director of the
358	358	department[, a division engineer,] or a designated agent;
359	359	(3) state the make and model of the portable building
360	360	unit or units to be transported over the highways;
361	361	(4) state the make and model of the towing vehicle;
362	362	(5) state the combined length and width of the
363	363	portable building unit or units and towing vehicle; and
364	364	(6) state each highway over which the portable
365	365	building unit or units are to be moved.
366	366	SECTION 32. Section 623.142(a), Transportation Code, is
367	367	amended to read as follows:
368	368	(a) The department may, on application, issue a permit for
369	369	the movement over a road or highway under the jurisdiction of the
370	370	Texas Department of Transportation [department] of a vehicle that:
371	371	(1) is a piece of fixed-load mobile machinery or
372	372	equipment used to service, clean out, or drill an oil well; and
373	373	(2) cannot comply with the restrictions set out in
374	374	Subchapter C of Chapter 621 and Section 621.101.
375	375	SECTION 33. Sections 623.145 and 623.146, Transportation
376	376	Code, are amended to read as follows:
377	377	Sec. 623.145. RULES; FORMS AND PROCEDURES; FEES. (a) The
378	378	board, in consultation with the commission, [Texas Transportation
379	379	Commission] by rule shall provide for the issuance of permits under
380	380	this subchapter. The rules must include each matter the board and
381	381	commission determine [determines] necessary to implement this
382	382	subchapter and:
383	383	(1) requirements for forms and procedures used in
384	384	applying for a permit;
385	385	(2) conditions with regard to route and time of
386	386	movement;
387	387	(3) requirements for flags, flaggers, and warning
388	388	devices;
389	389	(4) the fee for a permit; and
390	390	(5) standards to determine whether a permit is to be
391	391	issued for one trip only or for a period established by the
392	392	commission.
393	393	(b) In adopting a rule or establishing a fee, the board and
394	394	commission shall consider and be guided by:
395	395	(1) the state's investment in its highway system;
396	396	(2) the safety and convenience of the general
397	397	traveling public;
398	398	(3) the registration or license fee paid on the
399	399	vehicle for which the permit is requested;
400	400	(4) the fees paid by vehicles operating within legal
401	401	limits;
402	402	(5) the suitability of roadways and subgrades on the
403	403	various classes of highways of the system;
404	404	(6) the variation in soil grade prevalent in the
405	405	different regions of the state;
406	406	(7) the seasonal effects on highway load capacity;
407	407	(8) the highway shoulder design and other highway
408	408	geometrics;
409	409	(9) the load capacity of the highway bridges;
410	410	(10) administrative costs;
411	411	(11) added wear on highways; and
412	412	(12) compensation for inconvenience and necessary
413	413	delays to highway users.
414	414	Sec. 623.146. VIOLATION OF RULE. A permit under this
415	415	subchapter is void on the failure of an owner or the owner's
416	416	representative to comply with a rule of the board [commission] or
417	417	with a condition placed on the permit, and immediately on the
418	418	violation, further movement over the highway of an oversize or
419	419	overweight vehicle violates the law regulating the size or weight
420	420	of a vehicle on a public highway.
421	421	SECTION 34. Sections 623.163(a) and (b), Transportation
422	422	Code, are amended to read as follows:
423	423	(a) The owner of a vehicle used exclusively to transport
424	424	solid waste with a tandem axle load heavier than 34,000 pounds shall
425	425	before operating the vehicle on a public highway of this state file
426	426	with the department a surety bond subject to the approval of the
427	427	Texas Department of Transportation [department] in the principal
428	428	amount set by the Texas Department of Transportation [department]
429	429	not to exceed $15,000 for each vehicle.
430	430	(b) The bond must be conditioned that the owner of the
431	431	vehicle will pay to the Texas Department of Transportation [state]
432	432	and to any municipality in which the vehicle is operated on a
433	433	municipal street, within the limit of the bond, any damages to a
434	434	highway or municipal street caused by the operation of the vehicle.
435	435	SECTION 35. Section 623.192(a), Transportation Code, is
436	436	amended to read as follows:
437	437	(a) The department may, on application, issue a permit to a
438	438	person to move over a road or highway under the jurisdiction of the
439	439	Texas Department of Transportation [department] an unladen lift
440	440	equipment motor vehicle that cannot comply with the restrictions
441	441	set out in Subchapter C of Chapter 621 and Section 621.101.
442	442	SECTION 36. Sections 623.195 and 623.196, Transportation
443	443	Code, are amended to read as follows:
444	444	Sec. 623.195. RULES; FORMS AND PROCEDURES; FEES. (a) The
445	445	board, in consultation with the commission, [Texas Transportation
446	446	Commission] by rule shall provide for the issuance of a permit under
447	447	this subchapter. The rules must include each matter the board and
448	448	the commission determine [determines] necessary to implement this
449	449	subchapter and:
450	450	(1) requirements for forms and procedures used in
451	451	applying for a permit;
452	452	(2) conditions with regard to route and time of
453	453	movement;
454	454	(3) requirements for flags, flaggers, and warning
455	455	devices;
456	456	(4) the fee for a permit; and
457	457	(5) standards to determine whether a permit is to be
458	458	issued for one trip only or for a period established by the
459	459	commission.
460	460	(b) In adopting a rule or establishing a fee, the board and
461	461	the commission shall consider and be guided by:
462	462	(1) the state's investment in its highway system;
463	463	(2) the safety and convenience of the general
464	464	traveling public;
465	465	(3) the registration or license fee paid on the
466	466	vehicle for which the permit is requested;
467	467	(4) the fees paid by vehicles operating within legal
468	468	limits;
469	469	(5) the suitability of roadways and subgrades on the
470	470	various classes of highways of the system;
471	471	(6) the variation in soil grade prevalent in the
472	472	different regions of the state;
473	473	(7) the seasonal effects on highway load capacity;
474	474	(8) the highway shoulder design and other highway
475	475	geometrics;
476	476	(9) the load capacity of highway bridges;
477	477	(10) administrative costs;
478	478	(11) added wear on highways; and
479	479	(12) compensation for inconvenience and necessary
480	480	delays to highway users.
481	481	Sec. 623.196. VIOLATION OF RULE. A permit under this
482	482	subchapter is void on the failure of an owner or the owner's
483	483	representative to comply with a rule of the board [commission] or
484	484	with a condition placed on the permit, and immediately on the
485	485	violation, further movement over a highway of an oversize or
486	486	overweight vehicle violates the law regulating the size or weight
487	487	of a vehicle on a public highway.
488	488	SECTION 37. Section 623.212, Transportation Code, is
489	489	amended to read as follows:
490	490	Sec. 623.212. PERMITS BY PORT AUTHORITY. The commission
491	491	[department] may authorize a port authority to issue permits for
492	492	the movement of oversize or overweight vehicles carrying cargo on
493	493	state highways located in counties contiguous to the Gulf of Mexico
494	494	or a bay or inlet opening into the gulf and bordering the United
495	495	Mexican States.
496	496	SECTION 38. Section 623.215(b), Transportation Code, is
497	497	amended to read as follows:
498	498	(b) A port authority shall report to the Texas Department of
499	499	Transportation [department] all permits issued under this
500	500	subchapter.
501	501	SECTION 39. Section 623.233, Transportation Code, is
502	502	amended to read as follows:
503	503	Sec. 623.233. MAINTENANCE CONTRACTS. The district shall
504	504	make payments to the Texas Department of Transportation
505	505	[department] to provide funds for the maintenance of state highways
506	506	subject to this subchapter.
507	507	SECTION 40. Section 623.235(b), Transportation Code, is
508	508	amended to read as follows:
509	509	(b) The district shall report to the Texas Department of
510	510	Transportation [department] all permits issued under this
511	511	subchapter.
512	512	SECTION 41. Section 623.253, Transportation Code, is
513	513	amended to read as follows:
514	514	Sec. 623.253. MAINTENANCE CONTRACTS. The county shall make
515	515	payments to the Texas Department of Transportation [department] to
516	516	provide funds for the maintenance of state highways subject to this
517	517	subchapter.
518	518	SECTION 42. Section 623.304, Transportation Code, is
519	519	amended to read as follows:
520	520	Sec. 623.304. MAINTENANCE CONTRACTS. The port authority
521	521	shall make payments to the Texas Department of Transportation
522	522	[department] to provide funds for the maintenance of state highways
523	523	subject to this subchapter.
524	524	SECTION 43. Section 547.304(c), Transportation Code, is
525	525	amended to read as follows:
526	526	(c) Except for Sections 547.323 and 547.324, a provision of
527	527	this chapter that requires a vehicle to be equipped with lamps,
528	528	reflectors, and lighting equipment does not apply to a mobile home
529	529	if the mobile home:
530	530	(1) is moved under a permit issued by the Texas
531	531	Department of Motor Vehicles [Transportation] under Subchapter D,
532	532	Chapter 623; and
533	533	(2) is not moved at a time or under a condition
534	534	specified by Section 547.302(a).
535	535	SECTION 44. Section 1001.002(b), Transportation Code, is
536	536	amended to read as follows:
537	537	(b) In addition to the other duties required of the Texas
538	538	Department of Motor Vehicles, the department shall administer and
539	539	enforce:
540	540	(1) Subtitle A;
541	541	(2) Chapters 621, 622, 623, 642, 643, 645, 646, and
542	542	648; and
543	543	(3) Chapters 2301 and 2302, Occupations Code.
544	544	SECTION 45. Sections 1201.161(a), (b), and (c), Occupations
545	545	Code, are amended to read as follows:
546	546	(a) Notwithstanding any other statute or rule or ordinance,
547	547	a licensed retailer or licensed installer is not required to obtain
548	548	a permit, certificate, or license or pay a fee to transport
549	549	manufactured housing to the place of installation except as
550	550	required by the Texas Department of Motor Vehicles [Transportation]
551	551	under Subchapter E, Chapter 623, Transportation Code.
552	552	(b) The department shall cooperate with the Texas
553	553	Department of Motor Vehicles [Transportation] by providing current
554	554	lists of licensed manufacturers, retailers, and installers.
555	555	(c) The Texas Department of Motor Vehicles [Transportation]
556	556	shall send the department monthly:
557	557	(1) a copy of each permit issued in the preceding month
558	558	for the movement of manufactured housing on the highways; or
559	559	(2) a list of the permits issued in the preceding month
560	560	and the information on the permits.
561	561	SECTION 46. (a) Except as otherwise provided by this Act,
562	562	not later than January 1, 2012, the following are transferred from
563	563	the Texas Department of Transportation to the Texas Department of
564	564	Motor Vehicles:
565	565	(1) the powers, duties, functions, programs,
566	566	activities, and rights of action of the Texas Department of
567	567	Transportation relating to oversize and overweight vehicles under
568	568	Chapters 621, 622, and 623, Transportation Code;
569	569	(2) any obligations, funds, negotiations, grants,
570	570	memoranda of understanding, leases, rights, and contracts of the
571	571	Texas Department of Transportation that are directly related to
572	572	implementing a power, duty, function, program, activity, or right
573	573	of action transferred under this subsection; and
574	574	(3) all personnel, furniture, computers, equipment,
575	575	other property, records, and related materials in the custody of
576	576	the Texas Department of Transportation that are related to a power,
577	577	duty, function, program, activity, or right of action transferred
578	578	under this subsection and all funds appropriated by the legislature
579	579	for that power, duty, function, program, activity, or right of
580	580	action.
581	581	(b) The Texas Department of Motor Vehicles shall continue
582	582	any case or proceeding relating to oversize and overweight vehicles
583	583	under Chapters 621, 622, and 623, Transportation Code, that was
584	584	brought before the effective date of this Act in accordance with the
585	585	law in effect on the date the case or proceeding was brought, and
586	586	the former law is continued in effect for that purpose.
587	587	(c) A certificate, license, document, permit, registration,
588	588	or other authorization issued by the Texas Department of
589	589	Transportation relating to oversize and overweight vehicles under
590	590	Chapters 621, 622, and 623, Transportation Code, that is in effect
591	591	on the effective date of this Act remains valid for the period for
592	592	which it was issued unless suspended or revoked by the Texas
593	593	Department of Motor Vehicles.
594	594	(d) The unobligated and unexpended balance of any
595	595	appropriations made to the Texas Department of Transportation in
596	596	connection with or relating to oversize and overweight vehicles
597	597	under Chapter 621, 622, or 623, Transportation Code, for the state
598	598	fiscal biennium ending August 31, 2011, is transferred and
599	599	reappropriated to the Texas Department of Motor Vehicles for the
600	600	purpose of implementing the powers, duties, obligations, and rights
601	601	of action transferred to that department.
602	602	(e) The Texas Department of Transportation shall continue,
603	603	as necessary, to perform the duties and functions that are being
604	604	transferred to the Texas Department of Motor Vehicles under this
605	605	Act until the transfer of agency duties and functions is complete.
606	606	(f) A rule or form adopted by the Texas Department of
607	607	Transportation that relates to a power, duty, function, program,
608	608	activity, or right of action transferred under Subsection (a) of
609	609	this section is a rule or form of the Texas Department of Motor
610	610	Vehicles and remains in effect until altered by the Texas
611	611	Department of Motor Vehicles.
612	612	(g) A reference in law to the Texas Department of
613	613	Transportation that relates to a power, duty, function, program,
614	614	activity, or right of action transferred under Subsection (a) of
615	615	this section means the Texas Department of Motor Vehicles.
616	616	SECTION 47. (a) The Texas Department of Motor Vehicles may
617	617	enter into a memorandum of understanding with a state agency,
618	618	including the Texas Department of Transportation, if the board of
619	619	the Texas Department of Motor Vehicles determines the memorandum is
620	620	necessary or appropriate to implement the changes made by this Act
621	621	to Chapters 621, 622, and 623, Transportation Code.
622	622	(b) The memorandum of understanding described by Subsection
623	623	(a) of this section may:
624	624	(1) coordinate the Texas Department of Motor Vehicles'
625	625	and the Texas Department of Transportation's information systems to
626	626	allow for the sharing of information so each department may
627	627	effectively and efficiently perform the functions and duties
628	628	assigned to the department;
629	629	(2) provide for implementing the memorandum using
630	630	existing personnel and resources from the Texas Department of Motor
631	631	Vehicles and the Texas Department of Transportation;
632	632	(3) allow for the sharing of otherwise confidential
633	633	information subject to the same confidentiality requirements and
634	634	legal restrictions on access to the information that are imposed by
635	635	law on the agency that originally obtained or collected the
636	636	information;
637	637	(4) allow for the sharing of information without the
638	638	consent of the person who is the subject of the information; and
639	639	(5) include an agreement for:
640	640	(A) the provision of office space, utilities, and
641	641	other facility services;
642	642	(B) the need for full-time equivalent positions
643	643	of the Texas Department of Transportation to provide support
644	644	services in addition to the positions transferred to the Texas
645	645	Department of Motor Vehicles under Section 46(a)(3) of this Act;
646	646	(C) support services; and
647	647	(D) the transfer of information technology as
648	648	necessary or appropriate to effectuate the transfer of the powers
649	649	and duties of the Texas Department of Transportation to the Texas
650	650	Department of Motor Vehicles.
651	651	(c) The Texas Department of Motor Vehicles and the Texas
652	652	Department of Transportation may not impose, collect, or charge a
653	653	fee in connection with the sharing of information under a
654	654	memorandum of understanding entered into or revised under this
655	655	section.
656	656	SECTION 48. This Act takes effect September 1, 2011.