By: Flynn H.B. No. 2612
A BILL TO BE ENTITLED
AN ACT
relating to liability for damage to a county road.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter 3, Chapter 622, Transportation Code
is amended by adding a new Section 622.956 to read as follows:
ยง622.956 Liability for Damage to a County Road
(a) The liability of an operator, owner, or other person who
causes damage to a county road by a vehicle is not limited by the
weight exceptions under this chapter.
(b) The operator, owner, or other person who causes damage
to a county road is liable to the county only for the actual damage
to a county road, bridge, or culvert with a load limitation
established under Subchapter B of Chapter 621 or Section 621.301
caused by the operation of the vehicle in excess of the limitation.
If a county judge, county commissioner, county road supervisor, or
county traffic officer requires the vehicle to travel over a
designated route, it is presumed that the designated route,
including a bridge or culvert on the route, is of sufficient
strength and design to carry and withstand the weight of the vehicle
travelling over the designated route.
SECTION 2. 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