82R19024 NAJ-F
By: McClendon, Harper-Brown H.B. No. 1363
Substitute the following for H.B. No. 1363:
By: Harper-Brown C.S.H.B. No. 1363
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of permit procedures and enforcement
related to oversize and overweight vehicles from the Texas
Department of Transportation to the Texas Department of Motor
Vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 621.001, Transportation Code, is amended
by amending Subdivisions (3) and (4) and adding Subdivision (13) to
read as follows:
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
(4) "Director" means the executive director of the
Texas Department of Motor Vehicles [Transportation].
(13) "Board" means the board of the Texas Department
of Motor Vehicles.
SECTION 2. Section 621.003(a), Transportation Code, is
amended to read as follows:
(a) The board [commission] by rule may authorize the
director to enter into with the proper authority of another state an
agreement that authorizes:
(1) the authority of the other state to issue on behalf
of the department to the owner or operator of a vehicle, or
combination of vehicles, that exceeds the weight or size limits
allowed by this state a permit that authorizes the operation or
transportation on a highway in this state of the vehicle or
combination of vehicles; and
(2) the department to issue on behalf of the authority
of the other state to the owner or operator of a vehicle, or
combination of vehicles, that exceeds the weight or size limits
allowed by that state a permit that authorizes the operation or
transportation on a highway of that state of the vehicle or
combination of vehicles.
SECTION 3. Section 621.004, Transportation Code, is amended
to read as follows:
Sec. 621.004. ADMISSIBILITY OF CERTIFICATE OF VERTICAL
CLEARANCE. In each civil or criminal proceeding in which a
violation of this chapter may be an issue, a certificate of the
vertical clearance of a structure, including a bridge or underpass,
signed by the executive director of the Texas Department of
Transportation is admissible in evidence for all purposes.
SECTION 4. Section 621.006, Transportation Code, is amended
to read as follows:
Sec. 621.006. RESTRICTED OPERATION ON CERTAIN HOLIDAYS.
The commission [department] by rule may impose restrictions on the
weight and size of vehicles to be operated on state highways on the
following holidays only:
(1) New Year's Day;
(2) Memorial Day;
(3) Independence Day;
(4) Labor Day;
(5) Thanksgiving Day; and
(6) Christmas Day.
SECTION 5. Subchapter A, Chapter 621, Transportation Code,
is amended by adding Section 621.008 to read as follows:
Sec. 621.008. RULEMAKING AUTHORITY. The board may adopt
rules necessary to implement and enforce this chapter.
SECTION 6. Section 621.102(d), Transportation Code, is
amended to read as follows:
(d) A maximum weight or load set under this section becomes
effective on a highway or road when appropriate signs giving notice
of the maximum weight or load are erected on the highway or road by
the Texas Department of Transportation under order of the
commission.
SECTION 7. Sections 621.202(a) and (b), Transportation
Code, are amended to read as follows:
(a) To comply with safety and operational requirements of
federal law, the commission by order may set the maximum width of a
vehicle, including the load on the vehicle, at eight feet for a
designated highway or segment of a highway if the results of an
engineering and traffic study, conducted by the Texas Department of
Transportation, that includes an analysis of structural capacity of
bridges and pavements, traffic volume, unique climatic conditions,
and width of traffic lanes support the change.
(b) An order under this section becomes effective on the
designated highway or segment when appropriate signs giving notice
of the limitations are erected by the Texas Department of
Transportation.
SECTION 8. Sections 621.301(a) and (d), Transportation
Code, are amended to read as follows:
(a) The commissioners court of a county may establish load
limits for any county road or bridge only with the concurrence of
the Texas Department of Transportation [department]. A load limit
shall be deemed concurred with by the Texas Department of
Transportation [department] 30 days after the county submits to the
Texas Department of Transportation [department] the load limit
accompanied by supporting documentation and calculations reviewed
and sealed by an engineer licensed in this state, though the Texas
Department of Transportation [department] may review the load limit
and withdraw concurrence at any time after the 30-day period.
(d) A maximum weight set under this section becomes
effective on a road when appropriate signs giving notice of the
maximum weight are erected by the Texas Department of
Transportation on the road under order of the commissioners court.
SECTION 9. Section 621.352(a), Transportation Code, is
amended to read as follows:
(a) The board [commission] by rule may establish fees for
the administration of Section 621.003 in an amount that, when added
to the other fees collected by the department, does not exceed the
amount sufficient to recover the actual cost to the department of
administering that section. An administrative fee collected under
this section shall be sent to the comptroller for deposit to the
credit of the state highway fund and may be appropriated only to the
department for the administration of Section 621.003.
SECTION 10. Section 621.356, Transportation Code, is
amended to read as follows:
Sec. 621.356. FORM OF PAYMENT. The board [commission] may
adopt rules prescribing the method for payment of a fee for a permit
issued by the department that authorizes the operation of a vehicle
and its load or a combination of vehicles and load exceeding size or
weight limitations. The rules may:
(1) authorize the use of electronic funds transfer or
a credit card issued by:
(A) a financial institution chartered by a state
or the federal government; or
(B) a nationally recognized credit organization
approved by the board [commission]; and
(2) require the payment of a discount or service
charge for a credit card payment in addition to the fee.
SECTION 11. Section 621.504, Transportation Code, is
amended to read as follows:
Sec. 621.504. BRIDGE OR UNDERPASS CLEARANCE. A person may
not operate or attempt to operate a vehicle over or on a bridge or
through an underpass or similar structure unless the height of the
vehicle, including load, is less than the vertical clearance of the
structure as shown by the records of the Texas Department of
Transportation [department].
SECTION 12. Section 622.001, Transportation Code, is
amended to read as follows:
Sec. 622.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Commission" means the Texas Transportation
Commission.
(2) "Department"[, "department"] means the Texas
Department of Motor Vehicles [Transportation].
SECTION 13. Subchapter A, Chapter 622, Transportation Code,
is amended by adding Section 622.002 to read as follows:
Sec. 622.002. RULEMAKING AUTHORITY. The board of the
department may adopt rules necessary to implement and enforce this
chapter.
SECTION 14. Sections 622.013(a) and (b), Transportation
Code, are amended to read as follows:
(a) The owner of a ready-mixed concrete truck with a tandem
axle weight heavier than 34,000 pounds shall before operating the
vehicle on a public highway of this state file with the department a
surety bond subject to the approval of the Texas Department of
Transportation [department] in the principal amount set by the
Texas Department of Transportation [department] not to exceed
$15,000 for each truck.
(b) The bond must be conditioned that the owner of the truck
will pay to the Texas Department of Transportation [state], within
the limit of the bond, any damage to a highway caused by the
operation of the truck.
SECTION 15. Sections 622.134(a) and (b), Transportation
Code, are amended to read as follows:
(a) Except as provided by Subsection (c), the owner of a
vehicle covered by this subchapter with a tandem axle weight
heavier than 34,000 pounds shall before operating the vehicle on a
public highway of this state file with the department a surety bond
subject to the approval of the Texas Department of Transportation
[department] in the principal amount set by the Texas Department of
Transportation [department] not to exceed $15,000 for each vehicle.
(b) The bond must be conditioned that the owner of the
vehicle will pay, within the limits of the bond, to the Texas
Department of Transportation [state] any damage to a highway, to a
county any damage to a county road, and to a municipality any damage
to a municipal street caused by the operation of the vehicle.
SECTION 16. Section 623.001, Transportation Code, is
amended by amending Subdivision (1) and adding Subdivisions (4) and
(5) to read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
(4) "Board" means the board of the Texas Department of
Motor Vehicles.
(5) "Commission" means the Texas Transportation
Commission.
SECTION 17. Subchapter A, Chapter 623, Transportation Code,
is amended by adding Sections 623.002 and 623.003 to read as
follows:
Sec. 623.002. RULEMAKING AUTHORITY. The board may adopt
rules necessary to implement and enforce this chapter.
Sec. 623.003. ROUTE DETERMINATION. (a) To the extent the
department is required to determine a route under this chapter, the
department shall base the department's routing decision on
information provided by the Texas Department of Transportation.
(b) The Texas Department of Transportation shall provide
the department with all routing information necessary to complete a
permit issued under Section 623.071, 623.121, 623.142, or 623.192.
SECTION 18. 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
[department] 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) notifying counties under Section 623.013.
SECTION 19. Section 623.012(b), Transportation Code, is
amended to read as follows:
(b) The bond or letter of credit must:
(1) be in the amount of $15,000 payable to the Texas
Department of Transportation [department] and the counties of this
state;
(2) be conditioned that the applicant will pay the
Texas Department of Transportation [department] for any damage to a
state highway, and a county for any damage to a road or bridge of the
county, caused by the operation of the vehicle for which the permit
is issued at a heavier weight than the maximum weights authorized by
Subchapter B of Chapter 621 or Section 621.301; and
(3) provide that the issuer is to notify the Texas
Department of Transportation [department] and the applicant in
writing promptly after a payment is made by the issuer on the bond
or letter of credit.
SECTION 20. Sections 623.016(a) and (b), Transportation
Code, are amended to read as follows:
(a) The Texas Department of Transportation [department] or
a county may recover on the bond or letter of credit required for a
permit issued under Section 623.011 only by a suit against the
permit holder and the issuer of the bond or letter of credit.
(b) Venue for a suit by the Texas Department of
Transportation [department] is in a district court in:
(1) the county in which the defendant resides;
(2) the county in which the defendant has its
principal place of business in this state if the defendant is a
corporation or partnership; or
(3) Travis County if the defendant is a corporation or
partnership that does not have a principal place of business in this
state.
SECTION 21. Section 623.051(a), Transportation Code, is
amended to read as follows:
(a) A person may operate a vehicle that cannot comply with
one or more of the restrictions of Subchapter C of Chapter 621 or
Section 621.101 to cross the width of any road or highway under the
jurisdiction of the Texas Department of Transportation
[department], other than a controlled access highway as defined by
Section 203.001, from private property to other private property if
the person contracts with the commission to indemnify the Texas
Department of Transportation [department] for the cost of
maintenance and repair of the part of the highway crossed by the
vehicle.
SECTION 22. Section 623.052(b), Transportation Code, is
amended to read as follows:
(b) Before a person may operate a vehicle under this
section, the person must:
(1) contract with the Texas Department of
Transportation [department] to indemnify the Texas Department of
Transportation [department] for the cost of the maintenance and
repair for damage caused by a vehicle crossing that part of the
highway; and
(2) execute an adequate surety bond to compensate for
the cost of maintenance and repair, approved by the comptroller and
the attorney general, with a corporate surety authorized to do
business in this state, conditioned on the person fulfilling each
obligation of the agreement.
SECTION 23. Section 623.075(a), Transportation Code, is
amended to read as follows:
(a) Before the department may issue a permit under this
subchapter, the applicant shall file with the department a bond in
an amount set by the Texas Department of Transportation
[department], payable to the Texas Department of Transportation
[department], and conditioned that the applicant will pay to the
Texas Department of Transportation [department] any damage that
might be sustained to the highway because of the operation of the
equipment for which a permit is issued.
SECTION 24. Sections 623.076(b) and (c), Transportation
Code, are amended to read as follows:
(b) The board [Texas Transportation Commission] may adopt
rules for the payment of a fee under Subsection (a). The rules may:
(1) authorize the use of electronic funds transfer;
(2) authorize the use of a credit card issued by:
(A) a financial institution chartered by a state
or the United States; or
(B) a nationally recognized credit organization
approved by the board [Texas Transportation Commission]; and
(3) require the payment of a discount or service
charge for a credit card payment in addition to the fee prescribed
by Subsection (a).
(c) An application for a permit under Section 623.071(c)(3)
or (d) must be accompanied by the permit fee established by the
board, in consultation with the commission, for the permit, not to
exceed $7,000. Of each fee collected under this subsection, the
department shall send:
(1) the first $1,000 to the comptroller for deposit to
the credit of the general revenue fund; and
(2) any amount in excess of $1,000 to the comptroller
for deposit to the credit of the state highway fund.
SECTION 25. Section 623.078, Transportation Code, is
amended to read as follows:
Sec. 623.078. VEHICLE SUPERVISION FEE. (a) Each applicant
for a permit under this subchapter for a vehicle that is heavier
than 200,000 pounds must also pay a vehicle supervision fee in an
amount determined by the Texas Department of Transportation
[department] and designed to recover the direct cost of providing
safe transportation of the vehicle over the state highway system,
including the cost of:
(1) bridge structural analysis;
(2) the monitoring of the trip process; and
(3) moving traffic control devices.
(b) The board [department] shall send each fee collected
under Subsection (a) to the comptroller for deposit to the credit of
the state highway fund.
SECTION 26. Section 623.080(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a permit under
this subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the director of the department
[or of a division engineer];
(4) a statement of the kind of equipment to be
transported over the highway, the weight and dimensions of the
equipment, and the kind and weight of each commodity to be
transported; and
(5) a statement of any condition on which the permit is
issued.
SECTION 27. Section 623.093(f), Transportation Code, is
amended to read as follows:
(f) If an application for a permit to move a manufactured
house is accompanied by a copy of a writ of possession issued by a
court of competent jurisdiction, the applicant is not required to
submit the written statement from the chief appraiser [set forth in
Subsection (d)].
SECTION 28. Section 623.096(b), Transportation Code, is
amended to read as follows:
(b) The board, in consultation with the Texas Department of
Transportation, [department] shall adopt rules concerning fees for
each annual permit issued under Section 623.095(c) at a cost not to
exceed $3,000.
SECTION 29. Section 623.099(e), Transportation Code, is
amended to read as follows:
(e) The Texas Department of Transportation [department]
shall publish and annually revise a map or list of the bridges or
overpasses that because of height or width require an escort flag
vehicle to stop oncoming traffic while a manufactured house crosses
the bridge or overpass.
SECTION 30. Sections 623.100(b) and (c), Transportation
Code, are amended to read as follows:
(b) The Texas Department of Transportation [department] may
limit the hours for travel on certain routes because of heavy
traffic conditions.
(c) The Texas Department of Transportation [department]
shall publish the limitation on movements prescribed by this
section and the limitations adopted under Subsection (b) and shall
make the publications available to the public. Each limitation
adopted by the Texas Department of Transportation [department] must
be made available to the public before it takes effect.
SECTION 31. Section 623.126(a), Transportation Code, is
amended to read as follows:
(a) A permit issued under this subchapter must:
(1) contain the name of the applicant;
(2) be dated and signed by the director of the
department[, a division engineer,] or a designated agent;
(3) state the make and model of the portable building
unit or units to be transported over the highways;
(4) state the make and model of the towing vehicle;
(5) state the combined length and width of the
portable building unit or units and towing vehicle; and
(6) state each highway over which the portable
building unit or units are to be moved.
SECTION 32. Section 623.142(a), Transportation Code, is
amended to read as follows:
(a) The department may, on application, issue a permit for
the movement over a road or highway under the jurisdiction of the
Texas Department of Transportation [department] of a vehicle that:
(1) is a piece of fixed-load mobile machinery or
equipment used to service, clean out, or drill an oil well; and
(2) cannot comply with the restrictions set out in
Subchapter C of Chapter 621 and Section 621.101.
SECTION 33. Sections 623.145 and 623.146, Transportation
Code, are amended to read as follows:
Sec. 623.145. RULES; FORMS AND PROCEDURES; FEES. (a) The
board, in consultation with the commission, [Texas Transportation
Commission] by rule shall provide for the issuance of permits under
this subchapter. The rules must include each matter the board and
commission determine [determines] necessary to implement this
subchapter and:
(1) requirements for forms and procedures used in
applying for a permit;
(2) conditions with regard to route and time of
movement;
(3) requirements for flags, flaggers, and warning
devices;
(4) the fee for a permit; and
(5) standards to determine whether a permit is to be
issued for one trip only or for a period established by the
commission.
(b) In adopting a rule or establishing a fee, the board and
commission shall consider and be guided by:
(1) the state's investment in its highway system;
(2) the safety and convenience of the general
traveling public;
(3) the registration or license fee paid on the
vehicle for which the permit is requested;
(4) the fees paid by vehicles operating within legal
limits;
(5) the suitability of roadways and subgrades on the
various classes of highways of the system;
(6) the variation in soil grade prevalent in the
different regions of the state;
(7) the seasonal effects on highway load capacity;
(8) the highway shoulder design and other highway
geometrics;
(9) the load capacity of the highway bridges;
(10) administrative costs;
(11) added wear on highways; and
(12) compensation for inconvenience and necessary
delays to highway users.
Sec. 623.146. VIOLATION OF RULE. A permit under this
subchapter is void on the failure of an owner or the owner's
representative to comply with a rule of the board [commission] or
with a condition placed on the permit, and immediately on the
violation, further movement over the highway of an oversize or
overweight vehicle violates the law regulating the size or weight
of a vehicle on a public highway.
SECTION 34. Sections 623.163(a) and (b), Transportation
Code, are amended to read as follows:
(a) The owner of a vehicle used exclusively to transport
solid waste with a tandem axle load heavier than 34,000 pounds shall
before operating the vehicle on a public highway of this state file
with the department a surety bond subject to the approval of the
Texas Department of Transportation [department] in the principal
amount set by the Texas Department of Transportation [department]
not to exceed $15,000 for each vehicle.
(b) The bond must be conditioned that the owner of the
vehicle will pay to the Texas Department of Transportation [state]
and to any municipality in which the vehicle is operated on a
municipal street, within the limit of the bond, any damages to a
highway or municipal street caused by the operation of the vehicle.
SECTION 35. Section 623.192(a), Transportation Code, is
amended to read as follows:
(a) The department may, on application, issue a permit to a
person to move over a road or highway under the jurisdiction of the
Texas Department of Transportation [department] an unladen lift
equipment motor vehicle that cannot comply with the restrictions
set out in Subchapter C of Chapter 621 and Section 621.101.
SECTION 36. Sections 623.195 and 623.196, Transportation
Code, are amended to read as follows:
Sec. 623.195. RULES; FORMS AND PROCEDURES; FEES. (a) The
board, in consultation with the commission, [Texas Transportation
Commission] by rule shall provide for the issuance of a permit under
this subchapter. The rules must include each matter the board and
the commission determine [determines] necessary to implement this
subchapter and:
(1) requirements for forms and procedures used in
applying for a permit;
(2) conditions with regard to route and time of
movement;
(3) requirements for flags, flaggers, and warning
devices;
(4) the fee for a permit; and
(5) standards to determine whether a permit is to be
issued for one trip only or for a period established by the
commission.
(b) In adopting a rule or establishing a fee, the board and
the commission shall consider and be guided by:
(1) the state's investment in its highway system;
(2) the safety and convenience of the general
traveling public;
(3) the registration or license fee paid on the
vehicle for which the permit is requested;
(4) the fees paid by vehicles operating within legal
limits;
(5) the suitability of roadways and subgrades on the
various classes of highways of the system;
(6) the variation in soil grade prevalent in the
different regions of the state;
(7) the seasonal effects on highway load capacity;
(8) the highway shoulder design and other highway
geometrics;
(9) the load capacity of highway bridges;
(10) administrative costs;
(11) added wear on highways; and
(12) compensation for inconvenience and necessary
delays to highway users.
Sec. 623.196. VIOLATION OF RULE. A permit under this
subchapter is void on the failure of an owner or the owner's
representative to comply with a rule of the board [commission] or
with a condition placed on the permit, and immediately on the
violation, further movement over a highway of an oversize or
overweight vehicle violates the law regulating the size or weight
of a vehicle on a public highway.
SECTION 37. Section 623.212, Transportation Code, is
amended to read as follows:
Sec. 623.212. PERMITS BY PORT AUTHORITY. The commission
[department] may authorize a port authority to issue permits for
the movement of oversize or overweight vehicles carrying cargo on
state highways located in counties contiguous to the Gulf of Mexico
or a bay or inlet opening into the gulf and bordering the United
Mexican States.
SECTION 38. Section 623.215(b), Transportation Code, is
amended to read as follows:
(b) A port authority shall report to the Texas Department of
Transportation [department] all permits issued under this
subchapter.
SECTION 39. Section 623.233, Transportation Code, is
amended to read as follows:
Sec. 623.233. MAINTENANCE CONTRACTS. The district shall
make payments to the Texas Department of Transportation
[department] to provide funds for the maintenance of state highways
subject to this subchapter.
SECTION 40. Section 623.235(b), Transportation Code, is
amended to read as follows:
(b) The district shall report to the Texas Department of
Transportation [department] all permits issued under this
subchapter.
SECTION 41. Section 623.253, Transportation Code, is
amended to read as follows:
Sec. 623.253. MAINTENANCE CONTRACTS. The county shall make
payments to the Texas Department of Transportation [department] to
provide funds for the maintenance of state highways subject to this
subchapter.
SECTION 42. Section 623.304, Transportation Code, is
amended to read as follows:
Sec. 623.304. MAINTENANCE CONTRACTS. The port authority
shall make payments to the Texas Department of Transportation
[department] to provide funds for the maintenance of state highways
subject to this subchapter.
SECTION 43. Section 547.304(c), Transportation Code, is
amended to read as follows:
(c) Except for Sections 547.323 and 547.324, a provision of
this chapter that requires a vehicle to be equipped with lamps,
reflectors, and lighting equipment does not apply to a mobile home
if the mobile home:
(1) is moved under a permit issued by the Texas
Department of Motor Vehicles [Transportation] under Subchapter D,
Chapter 623; and
(2) is not moved at a time or under a condition
specified by Section 547.302(a).
SECTION 44. 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 45. Sections 1201.161(a), (b), and (c), Occupations
Code, are amended to read as follows:
(a) Notwithstanding any other statute or rule or ordinance,
a licensed retailer or licensed installer is not required to obtain
a permit, certificate, or license or pay a fee to transport
manufactured housing to the place of installation except as
required by the Texas Department of Motor Vehicles [Transportation]
under Subchapter E, Chapter 623, Transportation Code.
(b) The department shall cooperate with the Texas
Department of Motor Vehicles [Transportation] by providing current
lists of licensed manufacturers, retailers, and installers.
(c) The Texas Department of Motor Vehicles [Transportation]
shall 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.
SECTION 46. (a) Except as otherwise provided by this Act,
not later than January 1, 2012, the following are transferred from
the Texas Department of Transportation to the Texas Department of
Motor Vehicles:
(1) the powers, duties, functions, programs,
activities, and rights of action of the Texas Department of
Transportation relating to oversize and overweight vehicles under
Chapters 621, 622, and 623, Transportation Code;
(2) any obligations, funds, negotiations, grants,
memoranda of understanding, leases, rights, and contracts of the
Texas Department of Transportation that are directly related to
implementing a power, duty, function, program, activity, or right
of action transferred under this subsection; and
(3) all personnel, furniture, computers, equipment,
other property, records, and related materials in the custody of
the Texas Department of Transportation that are related to a power,
duty, function, program, activity, or right of action transferred
under this subsection and all funds appropriated by the legislature
for that power, duty, function, program, activity, or right of
action.
(b) The Texas Department of Motor Vehicles shall continue
any case or proceeding relating to oversize and overweight vehicles
under Chapters 621, 622, and 623, Transportation Code, that was
brought before the effective date of this Act in accordance with the
law in effect on the date the case or proceeding was brought, and
the former law is continued in effect for that purpose.
(c) A certificate, license, document, permit, registration,
or other authorization issued by the Texas Department of
Transportation relating to oversize and overweight vehicles under
Chapters 621, 622, and 623, Transportation Code, that is in effect
on the effective date of this Act remains valid for the period for
which it was issued unless suspended or revoked by the Texas
Department of Motor Vehicles.
(d) The unobligated and unexpended balance of any
appropriations made to the Texas Department of Transportation in
connection with or relating to oversize and overweight vehicles
under Chapter 621, 622, or 623, Transportation Code, for the state
fiscal biennium ending August 31, 2011, is transferred and
reappropriated to the Texas Department of Motor Vehicles for the
purpose of implementing the powers, duties, obligations, and rights
of action transferred to that department.
(e) The Texas Department of Transportation shall continue,
as necessary, to perform the duties and functions that are being
transferred to the Texas Department of Motor Vehicles under this
Act until the transfer of agency duties and functions is complete.
(f) A rule or form adopted by the Texas Department of
Transportation that relates to a power, duty, function, program,
activity, or right of action transferred under Subsection (a) of
this section is a rule or form of the Texas Department of Motor
Vehicles and remains in effect until altered by the Texas
Department of Motor Vehicles.
(g) A reference in law to the Texas Department of
Transportation that relates to a power, duty, function, program,
activity, or right of action transferred under Subsection (a) of
this section means the Texas Department of Motor Vehicles.
SECTION 47. (a) The Texas Department of Motor Vehicles may
enter into a memorandum of understanding with a state agency,
including the Texas Department of Transportation, if the board of
the Texas Department of Motor Vehicles determines the memorandum is
necessary or appropriate to implement the changes made by this Act
to Chapters 621, 622, and 623, Transportation Code.
(b) The memorandum of understanding described by Subsection
(a) of this section may:
(1) coordinate the Texas Department of Motor Vehicles'
and the Texas Department of Transportation's information systems to
allow for the sharing of information so each department may
effectively and efficiently perform the functions and duties
assigned to the department;
(2) provide for implementing the memorandum using
existing personnel and resources from the Texas Department of Motor
Vehicles and the Texas Department of Transportation;
(3) allow for the sharing of otherwise confidential
information subject to the same confidentiality requirements and
legal restrictions on access to the information that are imposed by
law on the agency that originally obtained or collected the
information;
(4) allow for the sharing of information without the
consent of the person who is the subject of the information; and
(5) include an agreement for:
(A) the provision of office space, utilities, and
other facility services;
(B) the need for full-time equivalent positions
of the Texas Department of Transportation to provide support
services in addition to the positions transferred to the Texas
Department of Motor Vehicles under Section 46(a)(3) of this Act;
(C) support services; and
(D) the transfer of information technology as
necessary or appropriate to effectuate the transfer of the powers
and duties of the Texas Department of Transportation to the Texas
Department of Motor Vehicles.
(c) The Texas Department of Motor Vehicles and the Texas
Department of Transportation may not impose, collect, or charge a
fee in connection with the sharing of information under a
memorandum of understanding entered into or revised under this
section.
SECTION 48. This Act takes effect September 1, 2011.