Texas 2023 - 88th Regular

Texas House Bill HB2684 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R3791 JRR-F
2	2	By: Burns, Cain H.B. No. 2684
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the issuance of oversize or overweight permits for
8	8	vehicles transporting agricultural commodities during or preceding
9	9	a disaster.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 621.102(d), Transportation Code, is
12	12	amended to read as follows:
13	13	(d) A vehicle operating under a permit issued under Section
14	14	623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
15	15	623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
16	16	2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
17	17	operate under the conditions authorized by the permit over a road
18	18	for which the executive director of the Texas Department of
19	19	Transportation has set a maximum weight under this section.
20	20	SECTION 2. Section 621.301(e), Transportation Code, is
21	21	amended to read as follows:
22	22	(e) A vehicle operating under a permit issued under Section
23	23	623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
24	24	623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
25	25	2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
26	26	operate under the conditions authorized by the permit over a road
27	27	for which the commissioners court has set a maximum weight under
28	28	this section.
29	29	SECTION 3. Chapter 623, Transportation Code, is amended by
30	30	adding Subchapter W to read as follows:
31	31	SUBCHAPTER W. PERMIT FOR VEHICLES TRANSPORTING AGRICULTURAL
32	32	COMMODITIES DURING OR PRECEDING DISASTER
33	33	Sec. 623.451. PERMIT TO DELIVER AGRICULTURAL COMMODITIES.
34	34	(a) In this section:
35	35	(1) "Agricultural commodity" means an agricultural,
36	36	horticultural, viticultural, silvicultural, or vegetable product,
37	37	bees or honey, planting seed, cottonseed, rice, livestock or a
38	38	livestock product, or poultry or a poultry product that is produced
39	39	in this state, either in its natural form or as processed by the
40	40	producer, including woodchips.
41	41	(2) "Division" means the Texas Division of Emergency
42	42	Management.
43	43	(b) Notwithstanding any other law, the department may issue
44	44	a special permit to an oversize or overweight vehicle or load that:
45	45	(1) can easily be dismantled or divided; and
46	46	(2) will be used only to deliver agricultural
47	47	commodities.
48	48	(c) The department may issue a permit under this section
49	49	only:
50	50	(1) during an emergency or major disaster as declared
51	51	by the president of the United States under the Robert T. Stafford
52	52	Disaster Relief and Emergency Assistance Act (42 U.S.C. Section
53	53	5121 et seq.) or following a declaration of a state of disaster
54	54	under Section 418.014, Government Code; or
55	55	(2) preceding an event that may result in a
56	56	declaration of a state of disaster under Section 418.014,
57	57	Government Code, if issuance of the permit for the event is
58	58	authorized by the division.
59	59	(d) A person may file an application to the division in the
60	60	manner prescribed by the division requesting that the division
61	61	authorize the issuance of a permit preceding an event described by
62	62	Subsection (c)(2). If the division authorizes the issuance of the
63	63	permit, the division shall notify the department of that decision
64	64	in the manner prescribed by the department and include in the notice
65	65	the counties in which a vehicle issued the permit may be operated.
66	66	(e) A permit under this section that is issued under:
67	67	(1) Subsection (c)(1) expires not later than the 120th
68	68	day after the date of the disaster or emergency declaration; or
69	69	(2) Subsection (c)(2) expires not later than the 120th
70	70	day after the date the department receives notice from the division
71	71	under Subsection (d) authorizing the issuance of the permit.
72	72	Sec. 623.452. RULES. The board may adopt rules necessary to
73	73	implement this subchapter, including rules that establish the
74	74	requirements for obtaining a permit.
75	75	Sec. 623.453. PERMIT CONDITIONS. The department may impose
76	76	conditions on a permit holder to ensure the safe operation of a
77	77	permitted vehicle and minimize damage to roadways, including
78	78	requirements related to vehicle routing, hours of operation, weight
79	79	limits, and lighting and requirements for escort vehicles.
80	80	Sec. 623.454. INTERSTATE AND DEFENSE HIGHWAYS AND FEDERAL
81	81	AID PRIMARY HIGHWAY SYSTEM. (a) This subchapter does not authorize
82	82	the operation on the national system of interstate and defense
83	83	highways or the federal aid primary highway system in this state of
84	84	a vehicle with a size or weight greater than those permitted under
85	85	23 U.S.C. Section 127 or 49 U.S.C. Sections 31111 through 31114.
86	86	(b) If the United States authorizes the operation on the
87	87	national system of interstate and defense highways or the federal
88	88	aid primary highway system of a vehicle with a size or weight
89	89	greater than those permitted under 23 U.S.C. Section 127 or 49
90	90	U.S.C. Sections 31111 through 31114 on September 1, 2023, the new
91	91	limit automatically takes effect on the national system of
92	92	interstate and defense highways or the federal aid primary highway
93	93	system in this state.
94	94	SECTION 4. This Act takes effect September 1, 2023.