| 1 | 1 | | 85R7721 JRR-F |
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| 2 | 2 | | By: Birdwell S.B. No. 906 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the movement of portable building units over a state |
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| 8 | 8 | | highway; authorizing a fee. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 623.121, Transportation Code, is amended |
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| 11 | 11 | | by amending Subsection (a) and adding Subsection (a-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) The department may issue a permit that authorizes the |
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| 14 | 14 | | operation of [to a person to operate] equipment to move over a state |
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| 15 | 15 | | highway one or more portable building units that in combination |
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| 16 | 16 | | with the towing vehicle are in excess of the length or width |
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| 17 | 17 | | limitations provided by law but less than 80 feet in length and, |
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| 18 | 18 | | unless the permit is issued for a single trip, not more than 13 feet |
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| 19 | 19 | | in width. The department may issue a permit under this subsection |
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| 20 | 20 | | that is valid for: |
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| 21 | 21 | | (1) a single trip; |
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| 22 | 22 | | (2) a period not exceeding 30 days; |
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| 23 | 23 | | (3) a period of 31 days or more but not exceeding 60 |
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| 24 | 24 | | days; or |
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| 25 | 25 | | (4) a period of 61 days or more but not exceeding 90 |
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| 26 | 26 | | days. |
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| 27 | 27 | | (a-1) A single trip permit issued under this section is: |
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| 28 | 28 | | (1) effective for a period of 10 days; and |
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| 29 | 29 | | (2) valid only for a single continuous movement. |
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| 30 | 30 | | SECTION 2. Section 623.122(a), Transportation Code, is |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | (a) A municipality having a state highway in its territory |
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| 33 | 33 | | shall designate to the department the route in the municipality to |
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| 34 | 34 | | be used by equipment operating under a permit issued under |
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| 35 | 35 | | [described by] Section 623.121(a)(1) on [623.121 moving over] the |
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| 36 | 36 | | state highway. The department shall show the designated route on |
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| 37 | 37 | | each map routing the equipment. |
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| 38 | 38 | | SECTION 3. Section 623.123, Transportation Code, is amended |
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| 39 | 39 | | to read as follows: |
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| 40 | 40 | | Sec. 623.123. FORM OF APPLICATION AND PERMIT. (a) The |
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| 41 | 41 | | application for a permit under this subchapter [Section 623.121] |
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| 42 | 42 | | must be in the form and by the method prescribed by the department[: |
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| 43 | 43 | | [(1) be in writing; |
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| 44 | 44 | | [(2) state the make and model of the portable building |
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| 45 | 45 | | unit or units; |
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| 46 | 46 | | [(3) state the length and width of the portable |
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| 47 | 47 | | building unit or units; |
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| 48 | 48 | | [(4) state the make and model of the towing vehicle; |
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| 49 | 49 | | [(5) state the length and width of the towing vehicle; |
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| 50 | 50 | | [(6) state the length and width of the combined |
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| 51 | 51 | | portable building unit or units and towing vehicle; |
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| 52 | 52 | | [(7) state each highway over which the portable |
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| 53 | 53 | | building unit or units are to be moved; |
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| 54 | 54 | | [(8) indicate the point of origin and destination; and |
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| 55 | 55 | | [(9) be dated and signed by the applicant]. |
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| 56 | 56 | | (b) A permit issued under this subchapter must be in the |
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| 57 | 57 | | form and contain the information prescribed by the department. |
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| 58 | 58 | | SECTION 4. Section 623.124, Transportation Code, is amended |
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| 59 | 59 | | to read as follows: |
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| 60 | 60 | | Sec. 623.124. FEES [FEE]. (a) An application for a permit |
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| 61 | 61 | | under this subchapter must be accompanied by a fee of: |
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| 62 | 62 | | (1) $15 for a permit described by Section |
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| 63 | 63 | | 623.121(a)(1); |
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| 64 | 64 | | (2) $120 for a permit described by Section |
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| 65 | 65 | | 623.121(a)(2); |
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| 66 | 66 | | (3) $180 for a permit described by Section |
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| 67 | 67 | | 623.121(a)(3); and |
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| 68 | 68 | | (4) $240 for a permit described by Section |
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| 69 | 69 | | 623.121(a)(4). |
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| 70 | 70 | | (b) The department shall send each fee collected under this |
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| 71 | 71 | | section to the comptroller. Of each fee received from the |
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| 72 | 72 | | department, the comptroller shall deposit: |
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| 73 | 73 | | (1) 50 percent [$7.50] to the credit of the general |
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| 74 | 74 | | revenue fund; [and] |
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| 75 | 75 | | (2) 40 [of the remainder: |
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| 76 | 76 | | [(A) 90] percent to the credit of the state |
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| 77 | 77 | | highway fund; and |
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| 78 | 78 | | (3) [(B)] 10 percent to the credit of the Texas |
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| 79 | 79 | | Department of Motor Vehicles fund. |
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| 80 | 80 | | SECTION 5. Subchapter F, Chapter 623, Transportation Code, |
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| 81 | 81 | | is amended by adding Section 623.1285 to read as follows: |
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| 82 | 82 | | Sec. 623.1285. ROUTE RESTRICTIONS. A permit issued under |
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| 83 | 83 | | this subchapter does not authorize the operation of equipment on a |
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| 84 | 84 | | state highway of a size greater than the size permitted under |
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| 85 | 85 | | federal law for that highway. |
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| 86 | 86 | | SECTION 6. Sections 623.126 and 623.127, Transportation |
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| 87 | 87 | | Code, are repealed. |
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| 88 | 88 | | SECTION 7. This Act takes effect immediately if it receives |
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| 89 | 89 | | a vote of two-thirds of all the members elected to each house, as |
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| 90 | 90 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 91 | 91 | | Act does not receive the vote necessary for immediate effect, this |
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| 92 | 92 | | Act takes effect September 1, 2017. |
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