Texas 2025 - 89th Regular

Texas House Bill HB2118 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R8728 JRR-F
2	2		By: Cain H.B. No. 2118
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5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the issuance of oversize or overweight permits for
8	10		vehicles transporting agricultural commodities during or preceding
9	11		a disaster.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 621.102(d), Transportation Code, is
12	14		amended to read as follows:
13	15		(d) A vehicle operating under a permit issued under Section
14	16		623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
15	17		623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
16	18		2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
17	19		operate under the conditions authorized by the permit over a road
18	20		for which the executive director of the Texas Department of
19	21		Transportation has set a maximum weight under this section.
20	22		SECTION 2. Section 621.301(e), Transportation Code, is
21	23		amended to read as follows:
22	24		(e) A vehicle operating under a permit issued under Section
23	25		623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
24	26		623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
25	27		2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
26	28		operate under the conditions authorized by the permit over a road
27	29		for which the commissioners court has set a maximum weight under
28	30		this section.
29	31		SECTION 3. Chapter 623, Transportation Code, is amended by
30	32		adding Subchapter W to read as follows:
31	33		SUBCHAPTER W. PERMIT FOR VEHICLES TRANSPORTING AGRICULTURAL
32	34		COMMODITIES DURING OR PRECEDING DISASTER
33	35		Sec. 623.451. PERMIT TO DELIVER AGRICULTURAL COMMODITIES.
34	36		(a) In this section:
35	37		(1) "Agricultural commodity" means an agricultural,
36	38		horticultural, viticultural, silvicultural, or vegetable product,
37	39		bees or honey, planting seed, cottonseed, rice, livestock or a
38	40		livestock product, or poultry or a poultry product that is produced
39	41		in this state, either in its natural form or as processed by the
40	42		producer, including woodchips.
41	43		(2) "Division" means the Texas Division of Emergency
42	44		Management.
43	45		(b) Notwithstanding any other law, the department may issue
44	46		a special permit to an oversize or overweight vehicle or load that:
45	47		(1) can easily be dismantled or divided; and
46	48		(2) will be used only to deliver agricultural
47	49		commodities.
48	50		(c) The department may issue a permit under this section
49	51		only:
50	52		(1) during an emergency or major disaster as declared
51	53		by the president of the United States under the Robert T. Stafford
52	54		Disaster Relief and Emergency Assistance Act (42 U.S.C. Section
53	55		5121 et seq.) or following a declaration of a state of disaster
54	56		under Section 418.014, Government Code; or
55	57		(2) preceding an event that may result in a
56	58		declaration of a state of disaster under Section 418.014,
57	59		Government Code, if issuance of the permit for the event is
58	60		authorized by the division.
59	61		(d) A person may file an application to the division in the
60	62		manner prescribed by the division requesting that the division
61	63		authorize the issuance of a permit preceding an event described by
62	64		Subsection (c)(2). If the division authorizes the issuance of the
63	65		permit, the division shall notify the department of that decision
64	66		in the manner prescribed by the department and include in the notice
65	67		the counties in which a vehicle issued the permit may be operated.
66	68		(e) A permit under this section that is issued under:
67	69		(1) Subsection (c)(1) expires not later than the 120th
68	70		day after the date of the disaster or emergency declaration; or
69	71		(2) Subsection (c)(2) expires not later than the 120th
70	72		day after the date the department receives notice from the division
71	73		under Subsection (d) authorizing the issuance of the permit.
72	74		Sec. 623.452. RULES. The board may adopt rules necessary to
73	75		implement this subchapter, including rules that establish the
74	76		requirements for obtaining a permit.
75	77		Sec. 623.453. PERMIT CONDITIONS. The department may impose
76	78		conditions on a permit holder to ensure the safe operation of a
77	79		permitted vehicle and minimize damage to roadways, including
78	80		requirements related to vehicle routing, hours of operation, weight
79	81		limits, and lighting and requirements for escort vehicles.
80	82		Sec. 623.454. INTERSTATE AND DEFENSE HIGHWAYS AND FEDERAL
81	83		AID PRIMARY HIGHWAY SYSTEM. (a) This subchapter does not authorize
82	84		the operation on the national system of interstate and defense
83	85		highways or the federal aid primary highway system in this state of
84	86		a vehicle with a size or weight greater than those permitted under
85	87		23 U.S.C. Section 127 or 49 U.S.C. Sections 31111 through 31114.
86	88		(b) If the United States authorizes the operation on the
87	89		national system of interstate and defense highways or the federal
88	90		aid primary highway system of a vehicle with a size or weight
89	91		greater than those permitted under 23 U.S.C. Section 127 or 49
90	92		U.S.C. Sections 31111 through 31114 on September 1, 2025, the new
91	93		limit automatically takes effect on the national system of
92	94		interstate and defense highways or the federal aid primary highway
93	95		system in this state.
94	96		SECTION 4. This Act takes effect September 1, 2025.