Texas 2021 - 87th Regular

Texas House Bill HB3532 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10568 JRR-F
2	2	By: Martinez H.B. No. 3532
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of motor vehicles and entities by the
8	8	Texas Department of Motor Vehicles.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 1201.161(c), (d), and (e), Occupations
11	11	Code, are amended to read as follows:
12	12	(c) The Texas Department of Motor Vehicles shall provide to
13	13	[send] the department monthly[:
14	14	[(1) a copy of each permit issued in the preceding
15	15	month for the movement of manufactured housing on the highways; or
16	16	[(2)] a list of the permits issued in the preceding
17	17	month and the information on the permits.
18	18	(d) Unless the information provided for in Subsection (c) is
19	19	provided electronically, the department shall pay the reasonable
20	20	cost of providing [the copies or] the list and information under
21	21	Subsection (c).
22	22	(e) The [copies and] lists to be provided under this section
23	23	may be provided electronically.
24	24	SECTION 2. Section 256.101(3), Transportation Code, is
25	25	amended to read as follows:
26	26	(3) "Weight tolerance permit" means a permit issued
27	27	under Section 623.011 [Chapter 623] authorizing a vehicle to exceed
28	28	maximum legal weight limitations.
29	29	SECTION 3. Section 621.002, Transportation Code, is amended
30	30	by amending Subsection (a) and adding Subsection (c) to read as
31	31	follows:
32	32	(a) Except as provided by Subsection (c), a [A] copy of the
33	33	registration receipt issued under Section 502.057 for a commercial
34	34	motor vehicle, truck-tractor, trailer, or semitrailer shall be:
35	35	(1) carried on the vehicle when the vehicle is on a
36	36	public highway; and
37	37	(2) presented to an officer authorized to enforce this
38	38	chapter on request of the officer.
39	39	(c) Subsection (a) does not apply to a vehicle that displays
40	40	a license plate issued under Section 502.0023(d-1) or 502.255(i).
41	41	SECTION 4. Section 621.101(a), Transportation Code, is
42	42	amended to read as follows:
43	43	(a) A vehicle or combination of vehicles may not be operated
44	44	over or on a public highway or at a port-of-entry between Texas and
45	45	the United Mexican States if the vehicle or combination has:
46	46	(1) a single axle weight heavier than 20,000 pounds,
47	47	including all enforcement tolerances;
48	48	(2) a tandem axle weight heavier than 34,000 pounds,
49	49	including all enforcement tolerances;
50	50	(3) an overall gross weight on a group of two or more
51	51	consecutive axles heavier than the weight computed using the
52	52	following formula and rounding the result to the nearest 500
53	53	pounds:
54	54	W = 500((LN/(N - 1)) + 12N + 36)
55	55	where:
56	56	"W" is maximum overall gross weight on the group;
57	57	"L" is distance in feet between the axles of the group that
58	58	are the farthest apart; and
59	59	"N" is number of axles in the group; or
60	60	(4) tires that carry a weight heavier than the weight
61	61	specified and marked on the sidewall of the tire, unless expressly
62	62	authorized [the vehicle is being operated] under the terms of a
63	63	special permit.
64	64	SECTION 5. Chapter 622, Transportation Code, is amended by
65	65	adding Subchapter K to read as follows:
66	66	SUBCHAPTER K. AUTOMOBILE TRANSPORTERS
67	67	Sec. 622.151. DEFINITIONS. In this subchapter:
68	68	(1) "Automobile transporter" means any vehicle
69	69	combination designed and used for the transport of assembled motor
70	70	vehicles, including a truck-tractor as defined by Section
71	71	621.001(8)(A).
72	72	(2) "Backhaul" means the return trip of a vehicle
73	73	transporting cargo or general freight.
74	74	(3) "Stinger-steered" means a truck-tractor and
75	75	semitrailer combination in which the fifth wheel is located on a
76	76	drop frame located behind and below the rearmost axle of the
77	77	truck-tractor.
78	78	Sec. 622.152. AUTOMOBILE TRANSPORTER BACKHAULS. (a) An
79	79	automobile transporter that complies with the weight and size
80	80	limitations for a truck-tractor and semitrailer combination under
81	81	this subtitle may transport cargo or general freight on a backhaul.
82	82	(b) For purposes of Subsection (a), an automobile
83	83	transporter is presumed to be on a backhaul if the automobile
84	84	transporter is transporting cargo or general freight back over all
85	85	or part of the same route.
86	86	Sec. 622.153. MAXIMUM EXTENDED LENGTH OF LOAD.
87	87	Notwithstanding Section 621.206, an automobile transporter that is
88	88	stinger-steered may carry a load that extends not more than:
89	89	(1) four feet beyond its front; and
90	90	(2) six feet beyond its rear.
91	91	SECTION 6. Section 622.902, Transportation Code, is amended
92	92	to read as follows:
93	93	Sec. 622.902. LENGTH EXCEPTIONS. The length limitations
94	94	provided by Sections 621.203 to 621.205 do not apply to:
95	95	(1) machinery used exclusively for drilling water
96	96	wells, including machinery that is itself a unit or that is a unit
97	97	mounted on a conventional vehicle or chassis;
98	98	(2) a vehicle owned or operated by a public, private,
99	99	or volunteer fire department;
100	100	(3) a vehicle or combination of vehicles operated
101	101	exclusively in the territory of a municipality or to a combination
102	102	of vehicles operated by a municipality in a suburb adjoining the
103	103	municipality in which the municipality has been using the equipment
104	104	or similar equipment in connection with an established service to
105	105	the suburb;
106	106	(4) a truck-tractor, truck-tractor combination, or
107	107	truck-trailer combination exclusively transporting machinery,
108	108	materials, and equipment used in the construction, operation, and
109	109	maintenance of facilities, including pipelines, that are used for
110	110	the discovery, production, and processing of natural gas or
111	111	petroleum;
112	112	(5) a drive-away saddlemount vehicle transporter
113	113	combination or a drive-away saddlemount with fullmount vehicle
114	114	transporter combination, as defined by 23 C.F.R. Part 658 or its
115	115	successor, if:
116	116	(A) the overall length of the combination is not
117	117	longer than 97 feet; and
118	118	(B) the combination does not have more than three
119	119	saddlemounted vehicles if the combination does not include more
120	120	than one fullmount vehicle;
121	121	(6) the combination of a tow truck and another vehicle
122	122	or vehicle combination if:
123	123	(A) the other vehicle or vehicle combination
124	124	cannot be normally or safely driven or was abandoned on a highway;
125	125	and
126	126	(B) the tow truck is towing the other vehicle or
127	127	vehicle combination directly to the nearest authorized place of
128	128	repair, terminal, or destination of unloading;
129	129	(7) a vehicle or combination of vehicles used to
130	130	transport a harvest machine that is used in farm custom harvesting
131	131	operations on a farm if the overall length of the vehicle or
132	132	combination is not longer than:
133	133	(A) 75 feet if the vehicle is traveling on a
134	134	highway that is part of the national system of interstate and
135	135	defense highways or the federal aid primary highway system; or
136	136	(B) 81-1/2 feet if the vehicle is not traveling
137	137	on a highway that is part of the national system of interstate and
138	138	defense highways or the federal aid primary highway system; [or]
139	139	(8) a truck-tractor operated in combination with a
140	140	semitrailer and trailer or semitrailer and semitrailer if:
141	141	(A) the combination is used to transport a
142	142	harvest machine that is used in farm custom harvesting operations
143	143	on a farm;
144	144	(B) the overall length of the combination,
145	145	excluding the length of the truck-tractor, is not longer than
146	146	81-1/2 feet; and
147	147	(C) the combination is traveling on a highway
148	148	that:
149	149	(i) is not part of the national system of
150	150	interstate and defense highways or the federal aid primary highway
151	151	system; and
152	152	(ii) is located in a county with a
153	153	population of less than 300,000; or
154	154	(9) a towaway trailer transporter combination, as
155	155	defined by 49 U.S.C. Section 31111, if the overall length of the
156	156	combination is not longer than 82 feet.
157	157	SECTION 7. Section 622.952, Transportation Code, is amended
158	158	to read as follows:
159	159	Sec. 622.952. EMERGENCY [FIRE DEPARTMENT] VEHICLE. (a)
160	160	The weight limitations of Section 621.101 do not apply to an
161	161	emergency [a] vehicle [owned or operated by a public, private, or
162	162	volunteer fire department].
163	163	(b) The weight of an emergency [a fire department's] vehicle
164	164	may not exceed the greater of:
165	165	(1) [be heavier than] the manufacturer's gross vehicle
166	166	weight capacity or axle design rating; or
167	167	(2) including all enforcement tolerances, a:
168	168	(A) gross weight of 86,000 pounds;
169	169	(B) single steering axle weight of 24,000 pounds;
170	170	(C) single drive axle weight of 33,500 pounds;
171	171	(D) tandem axle weight of 62,000 pounds; or
172	172	(E) tandem rear drive steer axle weight of 52,000
173	173	pounds.
174	174	(c) In this section, "emergency vehicle" means a vehicle
175	175	designed to be used under emergency conditions:
176	176	(1) to transport personnel and equipment; and
177	177	(2) to support the suppression of fires and mitigation
178	178	of other hazardous situations.
179	179	SECTION 8. Section 622.955(c), Transportation Code, is
180	180	amended to read as follows:
181	181	(c) The weight increase under Subsection (b) may not be
182	182	greater than 500 [400] pounds.
183	183	SECTION 9. Section 623.011(b), Transportation Code, is
184	184	amended to read as follows:
185	185	(b) To qualify for a permit under this section:
186	186	(1) the vehicle must be registered under Chapter 502
187	187	for the maximum gross weight applicable to the vehicle under
188	188	Section 621.101, not to exceed 80,000 pounds; and
189	189	(2) [the security requirement of Section 623.012 must
190	190	be satisfied; and
191	191	[(3)] a base permit fee of $90, any additional fee
192	192	required by Section 623.0111, and any additional fee set by the
193	193	board under Section 623.0112 must be paid.
194	194	SECTION 10. Section 623.0112, Transportation Code, is
195	195	amended to read as follows:
196	196	Sec. 623.0112. ADDITIONAL ADMINISTRATIVE FEE. When a
197	197	person applies for a permit under Section 623.011, the person must
198	198	pay in addition to other fees an administrative fee adopted by board
199	199	rule in an amount not to exceed the direct and indirect cost to the
200	200	department of:
201	201	(1) issuing a sticker under Section 623.011(d);
202	202	(2) distributing fees under Section 621.353; and
203	203	(3) maintaining the list [notifying counties] under
204	204	Section 623.013.
205	205	SECTION 11. Section 623.013, Transportation Code, is
206	206	amended to read as follows:
207	207	Sec. 623.013. LIST OF PERMITS ISSUED [DEPARTMENT'S NOTICE
208	208	TO COUNTY]. The department shall make available on the
209	209	department's Internet website a searchable and downloadable list by
210	210	county of each [(a) Not later than the 14th day after the date the
211	211	department issues a] permit issued under Section 623.011[, the
212	212	department shall notify the county clerk of each county listed in
213	213	the application for the permit]. The list [notice] must include the
214	214	following information for each permit:
215	215	(1) the name and address of the person for whom the [a]
216	216	permit was issued; [and]
217	217	(2) the vehicle identification number and license
218	218	plate number of the vehicle;
219	219	(3) the permit number; and
220	220	(4) the effective date of the permit.
221	221	[(b) The department shall send a copy of the permit and the
222	222	bond or letter of credit required for the permit with the notice
223	223	required by this section.]
224	224	SECTION 12. Section 623.015, Transportation Code, is
225	225	amended to read as follows:
226	226	Sec. 623.015. LIABILITY FOR DAMAGE. [(a) The liability of
227	227	a holder of a permit issued under Section 623.011 for damage to a
228	228	state road or highway or a county road is not limited to the amount
229	229	of the bond or letter of credit required for the issuance of the
230	230	permit.
231	231	[(b)] The holder of a permit issued under Section 623.011
232	232	[who has filed the bond or letter of credit required for the permit
233	233	and who has filed the notice required by Section 623.013] is liable
234	234	to the county only for the actual damage to a county road, bridge,
235	235	or culvert with a load limitation established under Subchapter B of
236	236	Chapter 621 or Section 621.301 caused by the operation of the
237	237	vehicle in excess of the limitation. If a county judge, county
238	238	commissioner, county road supervisor, or county traffic officer
239	239	requires the vehicle to travel over a designated route, it is
240	240	presumed that the designated route, including a bridge or culvert
241	241	on the route, is of sufficient strength and design to carry and
242	242	withstand the weight of the vehicle traveling over the designated
243	243	route.
244	244	SECTION 13. Sections 623.0171(b) and (e), Transportation
245	245	Code, are amended to read as follows:
246	246	(b) The department may issue a permit that authorizes the
247	247	operation of a ready-mixed concrete truck in the manner prescribed
248	248	by Section 622.012(b) [with three axles].
249	249	(e) When the department issues a permit under this section,
250	250	the department shall issue a sticker to be placed on the front
251	251	windshield of the vehicle [above the inspection certificate issued
252	252	to the vehicle]. The department shall design the form of the
253	253	sticker to aid in the enforcement of weight limits for vehicles.
254	254	SECTION 14. Section 623.018(d), Transportation Code, is
255	255	amended to read as follows:
256	256	(d) If a vehicle is being operated in compliance with a
257	257	permit issued under Section 623.011 or 623.402, a commissioners
258	258	court may not:
259	259	(1) issue a permit under this section or charge an
260	260	additional fee for or otherwise regulate or restrict the operation
261	261	of the vehicle because of weight; or
262	262	(2) require the owner or operator to:
263	263	(A) execute or comply with a road use agreement
264	264	or indemnity agreement;
265	265	(B) make a filing or application; or
266	266	(C) provide a bond or letter of credit[, other
267	267	than the bond or letter of credit prescribed by Section 623.012 for
268	268	a vehicle issued a permit under Section 623.011].
269	269	SECTION 15. Sections 623.071(a), (c), and (c-1),
270	270	Transportation Code, are amended to read as follows:
271	271	(a) The department may issue a permit to allow the operation
272	272	on [a person to operate over] a state highway of [superheavy or
273	273	oversize] equipment that exceeds the weight and size limits
274	274	provided by law for the movement of equipment [:
275	275	[(1) is used to transport cylindrically shaped bales of
276	276	hay] or a commodity that cannot reasonably be dismantled[; and
277	277	[(2) has a gross weight or size that exceeds the limits
278	278	allowed by law to be transported over a state highway].
279	279	(c) The department may issue an annual permit to allow the
280	280	operation on a state highway of equipment that exceeds weight and
281	281	size limits provided by law for the movement of:
282	282	(1) an implement of husbandry by a dealer;
283	283	(2) water well drilling machinery and equipment or
284	284	harvesting equipment being moved as part of an agricultural
285	285	operation; or
286	286	(3) [superheavy or oversize] equipment or a commodity
287	287	that:
288	288	(A) cannot reasonably be dismantled; and
289	289	(B) does not exceed:
290	290	(i) 12 feet in width;
291	291	(ii) 14 feet in height;
292	292	(iii) 110 feet in length; or
293	293	(iv) 120,000 pounds gross weight.
294	294	(c-1) The department may issue an annual permit that allows
295	295	a person to operate over a state highway or road a vehicle or
296	296	combination of vehicles transporting a load that cannot reasonably
297	297	be dismantled that exceeds the length and height limits provided by
298	298	law, except that:
299	299	(1) the maximum length allowed may not exceed 110
300	300	feet; and
301	301	(2) the maximum height allowed may not exceed 14 feet.
302	302	SECTION 16. Section 623.0711(g), Transportation Code, as
303	303	amended by Chapters 1135 (H.B. 2741) and 1287 (H.B. 2202), Acts of
304	304	the 83rd Legislature, Regular Session, 2013, is reenacted to read
305	305	as follows:
306	306	(g) An application for a permit under this section must be
307	307	accompanied by the permit fee established by the department, in
308	308	consultation with the commission, for the permit, not to exceed
309	309	$9,000. The department shall send each fee to the comptroller, who
310	310	shall deposit:
311	311	(1) 90 percent of the fee to the credit of the state
312	312	highway fund; and
313	313	(2) 10 percent of the fee to the credit of the Texas
314	314	Department of Motor Vehicles fund.
315	315	SECTION 17. Section 623.075, Transportation Code, is
316	316	amended to read as follows:
317	317	Sec. 623.075. ADDITIONAL REQUIREMENTS FOR ISSUANCE OF
318	318	PERMIT [BOND]. (a) Except as provided by Subsection (b), [Before]
319	319	the department may issue a permit under this subchapter only to an[,
320	320	the] applicant registered under Chapter 643 [shall file with the
321	321	department a bond in an amount set by the Texas Department of
322	322	Transportation, payable to the Texas Department of Transportation,
323	323	and conditioned that the applicant will pay to the Texas Department
324	324	of Transportation any damage that might be sustained to the highway
325	325	because of the operation of the equipment for which a permit is
326	326	issued].
327	327	(b) Subsection (a) [Venue of a suit for recovery on the bond
328	328	is in Travis County.
329	329	[(c) This section applies to the delivery of farm equipment
330	330	to a farm equipment dealer. This section] does not apply to a
331	331	permit for:
332	332	(1) the driving or transporting of farm equipment that
333	333	is being used for an agricultural purpose and is driven or
334	334	transported by or under the authority of the owner of the equipment;
335	335	or
336	336	(2) a vehicle or equipment that is not subject to
337	337	[operated by a motor carrier registered under] Chapter 643 or
338	338	Chapter 645.
339	339	(c) Before the department issues a permit under this
340	340	subchapter for a vehicle or equipment described by Subsection
341	341	(b)(2), the applicant shall file with the department a bond in an
342	342	amount set by the Texas Department of Transportation, payable to
343	343	the Texas Department of Transportation, and conditioned that the
344	344	applicant will pay to the Texas Department of Transportation any
345	345	damage that might be sustained to the highway because of the
346	346	operation of the vehicle or equipment for which a permit is issued.
347	347	Venue of a suit for recovery on the bond is in Travis County.
348	348	SECTION 18. Subchapter E, Chapter 623, Transportation Code,
349	349	is amended by adding Section 623.0975 to read as follows:
350	350	Sec. 623.0975. LIST OF PERMITS ISSUED. The department
351	351	shall make available on the department's Internet website a
352	352	searchable and downloadable list by county of each permit issued
353	353	under this subchapter. The list must include the following
354	354	information for each permit:
355	355	(1) the permit number and issue date of the permit;
356	356	(2) the name of the person for whom the permit was
357	357	issued;
358	358	(3) the length, width, and height of the manufactured
359	359	house and the towing vehicle in combination;
360	360	(4) the name of the owner of the house;
361	361	(5) the model and year of manufacture of the house;
362	362	(6) the complete identification or serial number, the
363	363	United States Department of Housing and Urban Development label
364	364	number, or the state seal number of the house; and
365	365	(7) the origin county and address and destination
366	366	county and address of the house.
367	367	SECTION 19. Section 623.322(a), Transportation Code, is
368	368	amended to read as follows:
369	369	(a) To qualify for a permit under this subchapter for a
370	370	vehicle or combination of vehicles, a person must:
371	371	(1) pay a permit fee of $900; and
372	372	(2) designate in the permit application the timber
373	373	producing counties described by Section 623.321(a) in which the
374	374	vehicle or combination of vehicles will be operated[; and
375	375	[(3) satisfy the security requirement of Section
376	376	623.012].
377	377	SECTION 20. Sections 623.323(b) and (e), Transportation
378	378	Code, are amended to read as follows:
379	379	(b) Before a vehicle or combination of vehicles for which a
380	380	permit is issued under this subchapter may be operated on a road
381	381	maintained by a county or a state highway, the financially
382	382	responsible party shall execute a notification document and agree
383	383	to reimburse the county or the state, as applicable, for damage to a
384	384	road or highway sustained as a consequence of the transportation
385	385	authorized by the permit. At a minimum, the notification document
386	386	must include:
387	387	(1) the name and address of the financially
388	388	responsible party;
389	389	(2) a description of each permit issued for the
390	390	vehicle or combination of vehicles;
391	391	(3) a description of the method of compliance by the
392	392	financially responsible party with Section [Sections] 601.051,
393	393	643.101, or 643.102 [and 623.012];
394	394	(4) the address or location of the geographic area in
395	395	which the financially responsible party wishes to operate a vehicle
396	396	or combination of vehicles and a designation of the specific route
397	397	of travel anticipated by the financially responsible party,
398	398	including the name or number of each road maintained by a county or
399	399	state highway;
400	400	(5) a calendar or schedule of duration that includes
401	401	the days and hours of operation during which the financially
402	402	responsible party reasonably anticipates using the county road or
403	403	state highway identified in Subdivision (4); and
404	404	(6) a list of each vehicle or combination of vehicles
405	405	by license plate number or other registration information, and a
406	406	description of the means by which financial responsibility is
407	407	established for each vehicle or combination of vehicles if each
408	408	vehicle or combination of vehicles is not covered by a single
409	409	insurance policy, surety bond, deposit, or other means of financial
410	410	assurance.
411	411	(e) The state or a county required to be notified under this
412	412	section may assert a claim against any [security posted under
413	413	Section 623.012 or] insurance filed under Section 643.103 for
414	414	damage to a road or highway sustained as a consequence of the
415	415	transportation authorized by the permit.
416	416	SECTION 21. Section 643.059(c), Transportation Code, is
417	417	amended to read as follows:
418	418	(c) A motor carrier required to register under this
419	419	subchapter must keep the cab card, in a manner prescribed by the
420	420	department, in the cab of each vehicle requiring registration the
421	421	carrier operates.
422	422	SECTION 22. Section 643.103(b), Transportation Code, is
423	423	amended to read as follows:
424	424	(b) A motor carrier shall keep evidence of insurance in a
425	425	manner prescribed [form approved] by the department in the cab of
426	426	each vehicle requiring registration the carrier operates.
427	427	SECTION 23. Section 643.253(a), Transportation Code, is
428	428	amended to read as follows:
429	429	(a) A person commits an offense if the person fails to:
430	430	(1) register as required by Subchapter B;
431	431	(2) maintain insurance or evidence of financial
432	432	responsibility as required by Subchapter C; or
433	433	(3) keep a cab card in the cab of a vehicle as required
434	434	by Section 643.059 or comply with an alternative method to the cab
435	435	card established by the department under Section 643.059(e).
436	436	SECTION 24. Section 1001.002(b), Transportation Code, is
437	437	amended to read as follows:
438	438	(b) In addition to the other duties required of the Texas
439	439	Department of Motor Vehicles, the department shall administer and
440	440	enforce:
441	441	(1) Subtitle A;
442	442	(2) Chapters 621, 622, 623, 642, 643, 645, [646,] and
443	443	648; and
444	444	(3) Chapters 2301 and 2302, Occupations Code.
445	445	SECTION 25. The following provisions of the Transportation
446	446	Code are repealed:
447	447	(1) Sections 623.012 and 623.016;
448	448	(2) Section 623.0711(f);
449	449	(3) Section 623.093(e); and
450	450	(4) Chapter 646.
451	451	SECTION 26. The repeal by this Act of Chapter 646,
452	452	Transportation Code, does not apply to an offense committed under
453	453	that chapter before the effective date of the repeal. An offense
454	454	committed before the effective date of the repeal is governed by the
455	455	law as it existed on the date the offense was committed, and the
456	456	former law is continued in effect for that purpose. For purposes of
457	457	this section, an offense was committed before the effective date of
458	458	the repeal if any element of the offense occurred before that date.
459	459	SECTION 27. This Act takes effect September 1, 2021.