83R6048 JXC-F
By: Guillen H.B. No. 2102
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the governor to suspend requirements
applicable to motor carriers during certain emergencies;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.016, Government Code, is amended by
adding Subsections (f), (g), and (h) to read as follows:
(f) To the extent authorized by federal law, the governor
may suspend any of the following requirements in response to an
emergency or disaster declaration of another jurisdiction if strict
compliance with the requirement would prevent, hinder, or delay
necessary action in assisting another state with coping with an
emergency or disaster:
(1) a registration requirement in an agreement entered
into under the International Registration Plan under Section
502.091, Transportation Code;
(2) a temporary registration permit requirement under
Section 502.094, Transportation Code;
(3) a provision of Subtitle E, Title 7, Transportation
Code;
(4) a motor carrier registration requirement under
Chapter 643, Transportation Code;
(5) a registration requirement under Chapter 645,
Transportation Code; or
(6) a fuel tax requirement under the International
Fuel Tax Agreement described by 49 U.S.C. Section 31701 et seq.
(g) For the purposes of Subsection (f), "emergency or
disaster declaration of another jurisdiction" means an emergency
declaration, a major disaster declaration, a state of emergency
declaration, a state of disaster declaration, or a similar
declaration made by:
(1) the president of the United States under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Section 5121 et seq.); or
(2) the governor of another state.
(h) To the extent federal law requires this state to issue a
special permit under 23 U.S.C. Section 127 or an executive order, a
suspension issued under Subsection (f) is a special permit or an
executive order.
SECTION 2. Chapter 623, Transportation Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. PERMIT TO DELIVER RELIEF SUPPLIES DURING NATIONAL
EMERGENCY
Sec. 623.341. PERMIT TO DELIVER RELIEF SUPPLIES. (a)
Notwithstanding any other law, the department may issue a special
permit during a major disaster as declared by the president of the
United States under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. Section 5121 et seq.) to an
overweight or oversize vehicle or load that:
(1) can easily be dismantled or divided; and
(2) will be used only to deliver relief supplies.
(b) A permit issued under this section expires not later
than the 120th day after the date of the major disaster declaration.
Sec. 623.342. RULES. The board may adopt rules necessary to
implement this subchapter, including rules that establish:
(1) the fee for a permit; and
(2) requirements for obtaining a permit.
Sec. 623.343. PERMIT CONDITIONS. The department may impose
conditions on a permit holder to ensure the safe operation of a
permitted vehicle and minimize damage to roadways, including
requirements related to vehicle routing, hours of operation, weight
limits, and lighting and requirements for escort vehicles.
Sec. 623.344. PERMIT FEES. (a) The department may collect a
fee for each permit issued under this subchapter.
(b) A fee collected under this subchapter shall be sent to
the comptroller for deposit to the credit of the state highway fund
and may be appropriated only to the department.
(c) The department may collect a highway maintenance fee
under Section 623.077 or a vehicle supervision fee under Section
623.078 from a person who holds a permit under this subchapter. The
highway maintenance fee or vehicle supervision fee shall be sent to
the comptroller and deposited as required by those sections.
SECTION 3. 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, 2013.