By: Guillen (Senate Sponsor - Williams) H.B. No. 422
(In the Senate - Received from the House March 31, 2011;
April 13, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 20, 2011, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 9, Nays 0; May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 422 By: Williams
A BILL TO BE ENTITLED
AN ACT
relating to certain oversize and overweight permits issued by the
Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 623, Transportation Code,
is amended by adding Section 623.0181 to read as follows:
Sec. 623.0181. PERMITS FOR AUXILIARY POWER UNITS. The
department may issue a permit that authorizes the operation of a
commercial motor vehicle, trailer, semitrailer, or combination of
those vehicles, or a truck-tractor or combination of a
truck-tractor and one or more other vehicles, that exceeds the
maximum weight limit as set by the department due to the presence of
an auxiliary power unit that allows the vehicle to operate on
electricity or battery power if the department finds that such an
exemption would reduce nitrogen oxide emissions.
SECTION 2. Subchapter D, Chapter 623, Transportation Code,
is amended by adding Section 623.0711 to read as follows:
Sec. 623.0711. PERMITS AUTHORIZED BY COMMISSION. (a) The
commission by rule may authorize the department to issue a permit to
a motor carrier, as defined by Section 643.001, to transport
multiple loads of the same commodity over a state highway if all of
the loads are traveling between the same general locations.
(b) The commission may not authorize the issuance of a
permit that would allow a vehicle to:
(1) violate federal regulations on size and weight
requirements; or
(2) transport equipment that could reasonably be
dismantled for transportation as separate loads.
(c) The commission rules must require that, before the
department issues a permit under this section, the department:
(1) determine that the state will benefit from the
consolidated permitting process; and
(2) complete a route and engineering study that
considers:
(A) the estimated number of loads to be
transported by the motor carrier under the permit;
(B) the size and weight of the commodity;
(C) available routes that can accommodate the
size and weight of the vehicle and load to be transported;
(D) the potential roadway damage caused by
repeated use of the road by the permitted vehicle;
(E) any disruption caused by the movement of the
permitted vehicle; and
(F) the safety of the traveling public.
(d) The commission rules may authorize the department to
impose on the motor carrier any condition regarding routing, time
of travel, axle weight, and escort vehicles necessary to ensure
safe operation and minimal damage to the roadway.
(e) A permit issued under this section may provide multiple
routes to minimize damage to the roadways.
(f) The commission shall require the motor carrier to file a
bond in an amount set by the commission, payable to the department
and conditioned on the motor carrier paying to the department any
damage that is sustained to a state highway because of the operation
of a vehicle under a permit issued under this section.
(g) An application for a permit under this section must be
accompanied by the permit fee established by the commission for the
permit, not to exceed $9,000. The department shall send each fee to
the comptroller for deposit to the credit of the state highway fund.
(h) In addition to the fee established under Subsection (g),
the commission rules must authorize the department to collect a
consolidated permit payment for a permit under this section in an
amount not to exceed 15 percent of the fee established under
Subsection (g), to be deposited to the credit of the state highway
fund.
(i) The executive director of the department or the
executive director's designee may suspend a permit issued under
this section or alter a designated route because of:
(1) a change in pavement conditions;
(2) a change in traffic conditions;
(3) a geometric change in roadway configuration;
(4) construction or maintenance activity; or
(5) emergency or incident management.
(j) A violation of a permit issued under this section is
subject to the administrative sanctions of Subchapter N.
(k) In this section, "commission" means the Texas
Transportation Commission.
SECTION 3. Section 623.071, Transportation Code, is amended
by adding Subsection (h) to read as follows:
(h) If on completion of a route and engineering study the
department determines that the additional length can be transported
safely, the department may issue to a person a single trip permit
that allows the person to operate over a highway in this state
superheavy or oversize equipment exceeding the length limitation
established by Subsection (c) and that may be used in conjunction
with an annual permit issued under that subsection.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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