85R3101 JRR-F
By: Israel H.B. No. 3350
A BILL TO BE ENTITLED
AN ACT
relating to the operation of vehicles transporting mobile cranes;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 621.102(d), Transportation Code, is
amended to read as follows:
(d) A vehicle operating under a permit issued under Section
623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
623.212, [or] 623.321, or 623.402 [as added by Chapter 1135 (H.B.
2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
operate under the conditions authorized by the permit over a road
for which the executive director of the Texas Department of
Transportation has set a maximum weight under this section.
SECTION 2. Section 621.301(e), Transportation Code, is
amended to read as follows:
(e) A vehicle operating under a permit issued under Section
623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
623.212, [or] 623.321, or 623.402 [as added by Chapter 1135 (H.B.
2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
operate under the conditions authorized by the permit over a road
for which the commissioners court has set a maximum weight under
this section.
SECTION 3. Chapter 623, Transportation Code, is amended by
adding Subchapter U to read as follows:
SUBCHAPTER U. MOBILE CRANES
Sec. 623.401. DEFINITION. In this subchapter, "mobile
crane" means a self-propelled vehicle that is:
(1) used solely to raise, shift, or lower heavy
weights by means of a projecting, swinging mast with an engine for
power on a chassis permanently constructed or assembled for that
purpose; and
(2) designed to be moved between operating locations
by transport over a roadway.
Sec. 623.402. PERMIT FOR VEHICLE TRANSPORTING MOBILE CRANE.
(a) The department shall issue a permit that authorizes the
operation of a vehicle or combination of vehicles transporting a
mobile crane at a gross weight that is not heavier than 100,000
pounds.
(b) Except as provided by Subsection (e), to qualify for a
permit under this subchapter, a permit fee of $1,000 must be paid.
(c) A permit issued under this subchapter:
(1) is valid for one year, except as provided by
Subsection (e); and
(2) must be carried in the vehicle for which it is
issued.
(d) A vehicle issued a permit under this subchapter may
operate on a state, county, or municipal road, including a
load-zoned county road or a frontage road adjacent to a federal
interstate highway, if the vehicle displays a sticker required by
Section 623.403 and does not exceed the maximum gross weight
authorized under Subsection (a).
(e) The department may issue a permit under this subchapter
that is valid for a period of less than one year. The department
shall prorate the applicable fee required by Subsection (b) for a
permit issued under this subsection as necessary to reflect the
term of the permit.
Sec. 623.403. PERMIT STICKER. (a) When the department
issues a permit under this subchapter, the department shall issue a
sticker to be placed on the front windshield of the vehicle. The
department shall design the form of the sticker to aid in the
enforcement of weight limits for vehicles.
(b) The sticker must:
(1) indicate the expiration date of the permit; and
(2) be removed from the vehicle when:
(A) the permit for operation of the vehicle
expires;
(B) a lease of the vehicle expires; or
(C) the vehicle is sold.
Sec. 623.404. COUNTY DESIGNATION. The department by rule
shall require an applicant under this subchapter to designate in
the permit application the counties in which the applicant intends
to operate.
Sec. 623.405. DISTRIBUTION OF FEE. Of the fee collected
under this subchapter for a permit, 50 percent of the amount
collected shall be divided among and distributed to the counties
designated under Section 623.404 in permit applications according
to department rule.
Sec. 623.406. CERTAIN COUNTY OR MUNICIPAL ACTIONS
PROHIBITED. Unless otherwise provided by state or federal law, a
county or municipality may not require a permit, fee, or license for
the operation of a vehicle described by Section 623.402(a) in
addition to a permit, fee, or license required by state law.
Sec. 623.407. TIMES AND DAYS OF MOVEMENT. (a) Movement
authorized by a permit issued under this subchapter may be made on
any day, provided that in a county with a population of more than
300,000, movement may not be made between:
(1) 7 a.m. and 9 a.m.; and
(2) 4 p.m. and 6 p.m.
(b) The Texas Department of Transportation may limit the
hours for travel on certain routes because of heavy traffic
conditions.
(c) The Texas Department of Transportation shall publish
the limitation on movements prescribed by this section and the
limitations adopted under Subsection (b) and shall make the
publications available to the public. Each limitation adopted by
the Texas Department of Transportation must be made available to
the public before it takes effect.
Sec. 623.408. INTERSTATE AND DEFENSE HIGHWAYS. (a) This
subchapter does not authorize the operation on the national system
of interstate and defense highways in this state of a vehicle of a
size or weight greater than those permitted under 23 U.S.C. Section
127.
(b) If the United States authorizes the operation on the
national system of interstate and defense highways of a vehicle of a
size or weight greater than those permitted under 23 U.S.C. Section
127 on September 1, 2017, the new limit automatically takes effect
on the national system of interstate and defense highways in this
state.
SECTION 4. This Act takes effect September 1, 2017.