Texas 2011 - 82nd Regular

Texas House Bill HB1795 Compare Versions

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Old	New	Differences
1	1	82R18282 NAJ-F
2	2	By: Aliseda H.B. No. 1795
3	3	Substitute the following for H.B. No. 1795:
4	4	By: Rodriguez C.S.H.B. No. 1795
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to permits issued for moving certain oil well servicing or
10	10	drilling machinery.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 623.142, Transportation Code, is amended
13	13	by adding Subsections (a-1) and (c) and amending Subsection (b) to
14	14	read as follows:
15	15	(a-1) The department may include a trailer on a permit
16	16	issued under this section if:
17	17	(1) the registration fee required by Section 502.166
18	18	for the trailer is paid for the current registration year;
19	19	(2) the gross weight authorized by the permit does not
20	20	exceed 86,000 pounds; and
21	21	(3) the axle weights authorized by the permit comply
22	22	with the requirements prescribed by Section 621.101.
23	23	(b) The department may not issue a permit under this section
24	24	unless the vehicle or vehicle combination may be moved without
25	25	material damage to the highway or serious inconvenience to highway
26	26	traffic.
27	27	(c) A permit issued under Subsection (a-1) does not
28	28	authorize the operation of a vehicle or vehicle combination on the
29	29	national system of interstate and defense highways in this state.
30	30	SECTION 2. Section 623.143, Transportation Code, is amended
31	31	to read as follows:
32	32	Sec. 623.143. DESIGNATED ROUTE IN MUNICIPALITY. (a) A
33	33	municipality having a state highway in its territory may designate
34	34	to the department the route in the municipality to be used by a
35	35	vehicle or vehicle combination described by Section 623.142
36	36	operating over the state highway. When the route is designated, the
37	37	department shall show the route on each map routing the vehicles or
38	38	vehicle combinations.
39	39	(b) If a municipality does not designate a route, the
40	40	department shall determine the route to be used by a vehicle or
41	41	vehicle combination on a state highway in the municipality.
42	42	(c) A municipality may not require a fee, permit, or license
43	43	for movement of vehicles or vehicle combinations on the route of a
44	44	state highway designated by the municipality or department.
45	45	SECTION 3. Section 623.145(b), Transportation Code, is
46	46	amended to read as follows:
47	47	(b) In adopting a rule or establishing a fee, the commission
48	48	shall consider and be guided by:
49	49	(1) the state's investment in its highway system;
50	50	(2) the safety and convenience of the general
51	51	traveling public;
52	52	(3) the registration or license fee paid on the
53	53	vehicles [vehicle] for which the permit is requested;
54	54	(4) the fees paid by vehicles operating within legal
55	55	limits;
56	56	(5) the suitability of roadways and subgrades on the
57	57	various classes of highways of the system;
58	58	(6) the variation in soil grade prevalent in the
59	59	different regions of the state;
60	60	(7) the seasonal effects on highway load capacity;
61	61	(8) the highway shoulder design and other highway
62	62	geometrics;
63	63	(9) the load capacity of the highway bridges;
64	64	(10) administrative costs;
65	65	(11) added wear on highways; and
66	66	(12) compensation for inconvenience and necessary
67	67	delays to highway users.
68	68	SECTION 4. Section 623.146, Transportation Code, is amended
69	69	to read as follows:
70	70	Sec. 623.146. VIOLATION OF RULE. A permit under this
71	71	subchapter is void on the failure of an owner or the owner's
72	72	representative to comply with a rule of the commission or with a
73	73	condition placed on the permit, and immediately on the violation,
74	74	further movement over the highway of an oversize or overweight
75	75	vehicle or vehicle combination violates the law regulating the size
76	76	or weight of a vehicle or vehicle combination on a public highway.
77	77	SECTION 5. Section 623.148(b), Transportation Code, is
78	78	amended to read as follows:
79	79	(b) The owner of a vehicle or vehicle combination involved
80	80	in the movement of an oversize or overweight vehicle or vehicle
81	81	combination, even if a permit has been issued for the movement, is
82	82	strictly liable for any damage the movement causes the highway
83	83	system or any of its structures or appurtenances.
84	84	SECTION 6. This Act takes effect September 1, 2011.