By: Flynn H.B. No. 2612
Substitute the following for H.B. No. 2612:
By: Phillips C.S.H.B. No. 2612
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions and restrictions on using county roads in
certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 251.157, Transportation
Code, is amended to read as follows:
Sec. 251.157. PROHIBITING OR RESTRICTING USE OF ROAD.
SECTION 2. Sections 251.157(b), (c), (e), and (f),
Transportation Code, are amended to read as follows:
(b) A road supervisor may prohibit or restrict, if an
alternative, more suitable road is available within the county at
the time, the use of a road or a section of a road under the
supervisor's control by any vehicle that will unduly damage the
road when:
(1) because of wet weather or recent construction or
repairs, the road cannot be safely used without probable serious
damage to it; or
(2) a bridge or culvert on the road is unsafe.
(c) Before prohibiting or restricting the use of a road
under this section, the road supervisor shall post notices that
state the road and the expected duration of the prohibition or
restriction, and identify the alternate route [maximum load
permitted and the time the use of the road is prohibited]. The
notices must be posted at locations that enable drivers to detour to
avoid the restricted road.
(e) If the owner or operator of a vehicle that is prohibited
or restricted from using a road under this section is aggrieved by
the prohibition or restriction, the person may file with the county
judge of the county in which the restricted road is located a
written complaint that sets forth the nature of the grievance. On
the filing of the complaint the county judge promptly shall set the
issue for a hearing to be held not later than the third day after the
date on which the complaint is filed. The county judge shall give
[to] the road supervisor, the county engineer, and the
commissioners court written notice of the date and purpose of each
hearing.
(f) The county judge shall hear testimony offered by the
parties. On conclusion of the hearing, the county judge shall
sustain, revoke, or modify the road supervisor's decision on the
prohibition or restriction. The county judge's judgment is final
as to the issues raised.
SECTION 3. Subchapter E, Chapter 251, Transportation Code,
is amended by adding Section 251.1575 to read as follows:
Sec. 251.1575. PROHIBITING USE OF ROAD FOR CERTAIN
VEHICLES. (a) A commissioners court may identify an alternate
route to a road and require heavy vehicles to travel the alternate
route in order to prevent excessive damage to the road due to the
volume of traffic by heavy vehicles. An alternate route identified
under this subsection must be:
(1) of sufficient strength and design to withstand the
weight of the vehicles travelling the alternate route, including
any bridges or culverts along the road; and
(2) located within the same county as the road
described by this subsection.
(b) Notice of the prohibition must be provided in the same
manner as for a prohibition or restriction under Section 251.157.
(c) A person who is required to operate or move a vehicle or
other object on an alternate route identified under this section is
not liable for damage sustained by the road, including a bridge, as
a result of the operation or movement of the vehicle or other
object, unless the act, error, or omission resulting in the damage
constitutes:
(1) wanton, willful, and intentional misconduct; or
(2) gross negligence.
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, 2013.