82R18282 NAJ-F
By: Aliseda H.B. No. 1795
Substitute the following for H.B. No. 1795:
By: Rodriguez C.S.H.B. No. 1795
A BILL TO BE ENTITLED
AN ACT
relating to permits issued for moving certain oil well servicing or
drilling machinery.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 623.142, Transportation Code, is amended
by adding Subsections (a-1) and (c) and amending Subsection (b) to
read as follows:
(a-1) The department may include a trailer on a permit
issued under this section if:
(1) the registration fee required by Section 502.166
for the trailer is paid for the current registration year;
(2) the gross weight authorized by the permit does not
exceed 86,000 pounds; and
(3) the axle weights authorized by the permit comply
with the requirements prescribed by Section 621.101.
(b) The department may not issue a permit under this section
unless the vehicle or vehicle combination may be moved without
material damage to the highway or serious inconvenience to highway
traffic.
(c) A permit issued under Subsection (a-1) does not
authorize the operation of a vehicle or vehicle combination on the
national system of interstate and defense highways in this state.
SECTION 2. Section 623.143, Transportation Code, is amended
to read as follows:
Sec. 623.143. DESIGNATED ROUTE IN MUNICIPALITY. (a) A
municipality having a state highway in its territory may designate
to the department the route in the municipality to be used by a
vehicle or vehicle combination described by Section 623.142
operating over the state highway. When the route is designated, the
department shall show the route on each map routing the vehicles or
vehicle combinations.
(b) If a municipality does not designate a route, the
department shall determine the route to be used by a vehicle or
vehicle combination on a state highway in the municipality.
(c) A municipality may not require a fee, permit, or license
for movement of vehicles or vehicle combinations on the route of a
state highway designated by the municipality or department.
SECTION 3. Section 623.145(b), Transportation Code, is
amended to read as follows:
(b) In adopting a rule or establishing a fee, 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
vehicles [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.
SECTION 4. Section 623.146, Transportation Code, is amended
to read as follows:
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 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 or vehicle combination violates the law regulating the size
or weight of a vehicle or vehicle combination on a public highway.
SECTION 5. Section 623.148(b), Transportation Code, is
amended to read as follows:
(b) The owner of a vehicle or vehicle combination involved
in the movement of an oversize or overweight vehicle or vehicle
combination, even if a permit has been issued for the movement, is
strictly liable for any damage the movement causes the highway
system or any of its structures or appurtenances.
SECTION 6. This Act takes effect September 1, 2011.