Texas 2021 - 87th Regular

Texas Senate Bill SB1814 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1814
	1	+	By: Seliger S.B. No. 1814
	2	+	(Martinez)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to oversize and overweight vehicle permits.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Sections 1201.161(c), (d), and (e), Occupations
8	10		Code, are amended to read as follows:
9	11		(c) The Texas Department of Motor Vehicles shall provide to
10	12		[send] the department monthly[:
11	13		[(1) a copy of each permit issued in the preceding
12	14		month for the movement of manufactured housing on the highways; or
13	15		[(2)] a list of the permits issued in the preceding
14	16		month and the information on the permits.
15	17		(d) Unless the information provided for in Subsection (c) is
16	18		provided electronically, the department shall pay the reasonable
17	19		cost of providing [the copies or] the list and information under
18	20		Subsection (c).
19	21		(e) The [copies and] lists to be provided under this section
20	22		may be provided electronically.
21	23		SECTION 2. Section 623.0112, Transportation Code, is
22	24		amended to read as follows:
23	25		Sec. 623.0112. ADDITIONAL ADMINISTRATIVE FEE. When a
24	26		person applies for a permit under Section 623.011, the person must
25	27		pay in addition to other fees an administrative fee adopted by board
26	28		rule in an amount not to exceed the direct and indirect cost to the
27	29		department of:
28	30		(1) issuing a sticker under Section 623.011(d);
29	31		(2) distributing fees under Section 621.353; and
30	32		(3) maintaining the list [notifying counties] under
31	33		Section 623.013.
32	34		SECTION 3. Section 623.012(b), Transportation Code, is
33	35		amended to read as follows:
34	36		(b) The bond or letter of credit must:
35	37		(1) be in the amount of $15,000 payable to [the Texas
36	38		Department of Transportation and] the counties of this state;
37	39		(2) be conditioned that the applicant will pay [the
38	40		Texas Department of Transportation for any damage to a state
39	41		highway, and] a county for any damage to a road or bridge of the
40	42		county[,] caused by the operation of the vehicle:
41	43		(A) for which the permit is issued at a heavier
42	44		weight than the maximum weights authorized by Subchapter B of
43	45		Chapter 621 or Section 621.301 or 623.321; or
44	46		(B) that is in violation of Section 623.323; and
45	47		(3) provide that the issuer is to notify the county
46	48		[Texas Department of Transportation] and the applicant in writing
47	49		promptly after a payment is made by the issuer on the bond or letter
48	50		of credit.
49	51		SECTION 4. Section 623.013, Transportation Code, is amended
50	52		to read as follows:
51	53		Sec. 623.013. LIST OF PERMITS ISSUED [DEPARTMENT'S NOTICE
52	54		TO COUNTY]. (a) The department shall make available on the
53	55		department's Internet website a searchable and downloadable list by
54	56		county of each [Not later than the 14th day after the date the
55	57		department issues a] permit issued under Section 623.011[, the
56	58		department shall notify the county clerk of each county listed in
57	59		the application for the permit]. The list [notice] must include the
58	60		following information for each permit:
59	61		(1) the name and address of the person for whom the [a]
60	62		permit was issued; [and]
61	63		(2) the vehicle identification number and license
62	64		plate number of the vehicle;
63	65		(3) the permit number; and
64	66		(4) the effective date of the permit.
65	67		(b) On request of a county, the [The] department shall send
66	68		a copy of the permit and the bond or letter of credit required for
67	69		the permit to the county [with the notice required by this section].
68	70		SECTION 5. Section 623.015, Transportation Code, is amended
69	71		to read as follows:
70	72		Sec. 623.015. LIABILITY FOR DAMAGE. (a) The liability of a
71	73		holder of a permit issued under Section 623.011 for damage to [a
72	74		state road or highway or] a county road is not limited to the amount
73	75		of the bond or letter of credit required for the issuance of the
74	76		permit.
75	77		(b) The holder of a permit issued under Section 623.011 who
76	78		has filed the bond or letter of credit required for the permit [and
77	79		who has filed the notice required by Section 623.013] is liable to
78	80		the county only for the actual damage to a county road, bridge, or
79	81		culvert with a load limitation established under Subchapter B of
80	82		Chapter 621 or Section 621.301 caused by the operation of the
81	83		vehicle in excess of the limitation. If a county judge, county
82	84		commissioner, county road supervisor, or county traffic officer
83	85		requires the vehicle to travel over a designated route, it is
84	86		presumed that the designated route, including a bridge or culvert
85	87		on the route, is of sufficient strength and design to carry and
86	88		withstand the weight of the vehicle traveling over the designated
87	89		route.
88	90		SECTION 6. Section 623.016, Transportation Code, is amended
89	91		to read as follows:
90	92		Sec. 623.016. RECOVERY ON PERMIT SECURITY. (a) A [The
91	93		Texas Department of Transportation or a] county may recover on the
92	94		bond or letter of credit required for a permit issued under Section
93	95		623.011 only by a suit against the permit holder and the issuer of
94	96		the bond or letter of credit.
95	97		(b) [Venue for a suit by the Texas Department of
96	98		Transportation is in a district court in:
97	99		[(1) the county in which the defendant resides;
98	100		[(2) the county in which the defendant has its
99	101		principal place of business in this state if the defendant is a
100	102		corporation or partnership; or
101	103		[(3) Travis County if the defendant is a corporation
102	104		or partnership that does not have a principal place of business in
103	105		this state.
104	106		[(c)] Venue for a suit under this section [by a county] is in
105	107		district court in:
106	108		(1) the county in which the defendant resides;
107	109		(2) the county in which the defendant has its
108	110		principal place of business in this state; or
109	111		(3) the county in which the damage occurred.
110	112		SECTION 7. Section 623.0711(g), Transportation Code, as
111	113		amended by Chapters 1135 (H.B. 2741) and 1287 (H.B. 2202), Acts of
112	114		the 83rd Legislature, Regular Session, 2013, is reenacted to read
113	115		as follows:
114	116		(g) An application for a permit under this section must be
115	117		accompanied by the permit fee established by the department, in
116	118		consultation with the commission, for the permit, not to exceed
117	119		$9,000. The department shall send each fee to the comptroller, who
118	120		shall deposit:
119	121		(1) 90 percent of the fee to the credit of the state
120	122		highway fund; and
121	123		(2) 10 percent of the fee to the credit of the Texas
122	124		Department of Motor Vehicles fund.
123	125		SECTION 8. Section 623.075, Transportation Code, is amended
124	126		to read as follows:
125	127		Sec. 623.075. ADDITIONAL REQUIREMENTS FOR ISSUANCE OF
126	128		PERMIT [BOND]. (a) Except as provided by Subsection (b), [Before]
127	129		the department may issue a permit under this subchapter only to an[,
128	130		the] applicant registered under Chapter 643 [shall file with the
129	131		department a bond in an amount set by the Texas Department of
130	132		Transportation, payable to the Texas Department of Transportation,
131	133		and conditioned that the applicant will pay to the Texas Department
132	134		of Transportation any damage that might be sustained to the highway
133	135		because of the operation of the equipment for which a permit is
134	136		issued].
135	137		(b) Subsection (a) [Venue of a suit for recovery on the bond
136	138		is in Travis County.
137	139		[(c) This section applies to the delivery of farm equipment
138	140		to a farm equipment dealer. This section] does not apply to a
139	141		permit for:
140	142		(1) the driving or transporting of farm equipment that
141	143		is being used for an agricultural purpose and is driven or
142	144		transported by or under the authority of the owner of the equipment;
143	145		or
144	146		(2) a vehicle or equipment that is not subject to
145	147		[operated by a motor carrier registered under] Chapter 643 [or
146	148		Chapter 645].
147	149		(c) Before the department issues a permit under this
148	150		subchapter for a vehicle or equipment described by Subsection
149	151		(b)(2), the applicant shall file with the department a bond in an
150	152		amount set by the Texas Department of Transportation, payable to
151	153		the Texas Department of Transportation, and conditioned that the
152	154		applicant will pay to the Texas Department of Transportation any
153	155		damage that might be sustained to the highway because of the
154	156		operation of the vehicle or equipment for which a permit is issued.
155	157		Venue of a suit for recovery on the bond is in Travis County.
156	158		SECTION 9. Subchapter E, Chapter 623, Transportation Code,
157	159		is amended by adding Section 623.0975 to read as follows:
158	160		Sec. 623.0975. LIST OF PERMITS ISSUED. The department
159	161		shall make available on the department's Internet website a
160	162		searchable and downloadable list by county of each permit issued
161	163		under this subchapter. The list must include the following
162	164		information for each permit:
163	165		(1) the permit number and issue date of the permit;
164	166		(2) the name of the person for whom the permit was
165	167		issued;
166	168		(3) the length, width, and height of the manufactured
167	169		house and the towing vehicle in combination;
168	170		(4) the name of the owner of the house;
169	171		(5) the model and year of manufacture of the house;
170	172		(6) the complete identification or serial number, the
171	173		United States Department of Housing and Urban Development label
172	174		number, or the state seal number of the house; and
173	175		(7) the origin county and address and destination
174	176		county and address of the house.
175	177		SECTION 10. Section 623.323(b), Transportation Code, is
176	178		amended to read as follows:
177	179		(b) Before a vehicle or combination of vehicles for which a
178	180		permit is issued under this subchapter may be operated on a road
179	181		maintained by a county or a state highway, the financially
180	182		responsible party shall execute a notification document and agree
181	183		to reimburse the county or the state, as applicable, for damage to a
182	184		road or highway sustained as a consequence of the transportation
183	185		authorized by the permit. At a minimum, the notification document
184	186		must include:
185	187		(1) the name and address of the financially
186	188		responsible party;
187	189		(2) a description of each permit issued for the
188	190		vehicle or combination of vehicles;
189	191		(3) a description of the method of compliance by the
190	192		financially responsible party with Section [Sections] 601.051,
191	193		[and] 623.012, 643.101, or 643.102;
192	194		(4) the address or location of the geographic area in
193	195		which the financially responsible party wishes to operate a vehicle
194	196		or combination of vehicles and a designation of the specific route
195	197		of travel anticipated by the financially responsible party,
196	198		including the name or number of each road maintained by a county or
197	199		state highway;
198	200		(5) a calendar or schedule of duration that includes
199	201		the days and hours of operation during which the financially
200	202		responsible party reasonably anticipates using the county road or
201	203		state highway identified in Subdivision (4); and
202	204		(6) a list of each vehicle or combination of vehicles
203	205		by license plate number or other registration information, and a
204	206		description of the means by which financial responsibility is
205	207		established for each vehicle or combination of vehicles if each
206	208		vehicle or combination of vehicles is not covered by a single
207	209		insurance policy, surety bond, deposit, or other means of financial
208	210		assurance.
209	211		SECTION 11. The following provisions of the Transportation
210	212		Code are repealed:
211	213		(1) Section 623.0711(f); and
212	214		(2) Section 623.093(e).
213	215		SECTION 12. This Act takes effect September 1, 2021.
214		-	______________________________ ______________________________
215		-	President of the Senate Speaker of the House
216		-	I hereby certify that S.B. No. 1814 passed the Senate on
217		-	April 23, 2021, by the following vote: Yeas 31, Nays 0.
218		-	______________________________
219		-	Secretary of the Senate
220		-	I hereby certify that S.B. No. 1814 passed the House on
221		-	May 23, 2021, by the following vote: Yeas 139, Nays 6, two
222		-	present not voting.
223		-	______________________________
224		-	Chief Clerk of the House
225		-	Approved:
226		-	______________________________
227		-	Date
228		-	______________________________
229		-	Governor