TX
Texas House Bill HB3679

Texas 2025 - 89th Regular

Texas House Bill HB3679 Compare Versions

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1-89R22243 JRR-F
1+89R3547 JRR-F
22 By: Tepper H.B. No. 3679
3- Substitute the following for H.B. No. 3679:
4- By: Curry C.S.H.B. No. 3679
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97 A BILL TO BE ENTITLED
108 AN ACT
11- relating to the operation of certain vehicles during disasters.
9+ relating to the operation of certain vehicles preceding, during,
10+ and following disasters.
1211 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1312 SECTION 1. Section 162.235, Tax Code, is amended by adding
1413 Subsection (c) to read as follows:
1514 (c) Notwithstanding Subsection (a), a person who purchases
16- dyed diesel fuel and furnishes to the licensed supplier or
15+ dyed motor fuel and furnishes to the licensed supplier or
1716 distributor under Section 162.206(a) a signed statement that
1817 includes an end user number issued by the comptroller may operate a
19- motor vehicle on a public highway in this state with that dyed
20- diesel fuel in the fuel supply tank of the motor vehicle if the
21- motor vehicle is operated:
22- (1) during a period for which the Internal Revenue
23- Service has specified that it will not impose a penalty when dyed
24- diesel fuel is sold for use or used on a public highway; and
25- (2) in an area that is included in an emergency or
26- major disaster as declared by the president of the United States
27- under the Robert T. Stafford Disaster Relief and Emergency
28- Assistance Act (42 U.S.C. Section 5121 et seq.) or following a
29- declaration of a state of disaster under Section 418.014,
30- Government Code.
18+ motor vehicle on a public highway in this state with that dyed motor
19+ fuel in the fuel supply tank of the motor vehicle during a period
20+ beginning on the date a state of disaster is declared under Section
21+ 418.014, Government Code, due to a fire, flood, earthquake,
22+ tornado, hurricane, storm, or energy emergency and ending on the
23+ 30th day after the declaration expires or otherwise terminates, if
24+ the motor vehicle is operated:
25+ (1) in the area designated a disaster area by the
26+ disaster declaration; or
27+ (2) in an area other than the area described by
28+ Subdivision (1) if the dyed motor fuel was placed in the fuel supply
29+ tank of the motor vehicle in the area described by that subdivision.
3130 SECTION 2. Section 621.102(d), Transportation Code, is
3231 amended to read as follows:
3332 (d) A vehicle operating under a permit issued under Section
3433 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
3534 623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
3635 2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
3736 operate under the conditions authorized by the permit over a road
3837 for which the executive director of the Texas Department of
3938 Transportation has set a maximum weight under this section.
4039 SECTION 3. Section 621.301(e), Transportation Code, is
4140 amended to read as follows:
4241 (e) A vehicle operating under a permit issued under Section
4342 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
4443 623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
4544 2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
4645 operate under the conditions authorized by the permit over a road
4746 for which the commissioners court has set a maximum weight under
4847 this section.
4948 SECTION 4. Chapter 623, Transportation Code, is amended by
5049 adding Subchapter W to read as follows:
5150 SUBCHAPTER W. PERMIT FOR VEHICLES TRANSPORTING AGRICULTURAL
52- COMMODITIES DURING DISASTER
51+ COMMODITIES DURING OR PRECEDING DISASTER
5352 Sec. 623.451. PERMIT TO DELIVER AGRICULTURAL COMMODITIES.
54- (a) In this section, "agricultural commodity" means an
55- agricultural, horticultural, viticultural, silvicultural, or
56- vegetable product, bees or honey, planting seed, cottonseed, rice,
57- livestock or a livestock product, or poultry or a poultry product
58- that is produced in this state, either in its natural form or as
59- processed by the producer, including wood chips.
60- (b) Notwithstanding any other state law, the department may
61- issue a special permit to an oversize or overweight vehicle or load
62- that:
53+ (a) In this section:
54+ (1) "Agricultural commodity" means an agricultural,
55+ horticultural, viticultural, silvicultural, or vegetable product,
56+ bees or honey, planting seed, cottonseed, rice, livestock or a
57+ livestock product, or poultry or a poultry product that is produced
58+ in this state, either in its natural form or as processed by the
59+ producer, including woodchips.
60+ (2) "Division" means the Texas Division of Emergency
61+ Management.
62+ (b) Notwithstanding any other law, the department may issue
63+ a special permit to an oversize or overweight vehicle or load that:
6364 (1) can easily be dismantled or divided; and
6465 (2) will be used only to deliver agricultural
65- commodities to or from a site that is:
66- (A) located in an area included in an emergency
67- or major disaster declaration described by Subsection (c)(1); and
68- (B) affected by the emergency or major disaster
69- for which the declaration described by Subsection (c)(1) was
70- issued.
66+ commodities.
7167 (c) The department may issue a permit under this section
7268 only:
7369 (1) during an emergency or major disaster as declared
7470 by the president of the United States under the Robert T. Stafford
7571 Disaster Relief and Emergency Assistance Act (42 U.S.C. Section
7672 5121 et seq.) or following a declaration of a state of disaster
77- under Section 418.014, Government Code; and
78- (2) if the Department of Public Safety authorizes the
79- issuance of the permit.
80- (d) If the Department of Public Safety authorizes the
81- issuance of the permit, the Department of Public Safety shall
82- notify the department of that decision in the manner prescribed by
83- the department and include in the notice the counties in which a
84- vehicle issued the permit may be operated.
85- (e) A permit under this section expires on:
86- (1) the date the declaration described by Subsection
87- (c)(1) expires; or
88- (2) if the vehicle operating under the permit is using
89- dyed diesel fuel in accordance with Section 162.235(c), Tax Code,
90- the earlier of:
91- (A) the date the Internal Revenue Service has
92- specified that it will resume imposing a penalty when dyed diesel
93- fuel is sold for use or used on a public highway; or
94- (B) the date described by Subdivision (1).
73+ under Section 418.014, Government Code; or
74+ (2) preceding an event that may result in a
75+ declaration of a state of disaster under Section 418.014,
76+ Government Code, if issuance of the permit for the event is
77+ authorized by the division.
78+ (d) A person may file an application to the division in the
79+ manner prescribed by the division requesting that the division
80+ authorize the issuance of a permit preceding an event described by
81+ Subsection (c)(2). If the division authorizes the issuance of the
82+ permit, the division shall notify the department of that decision
83+ in the manner prescribed by the department and include in the notice
84+ the counties in which a vehicle issued the permit may be operated.
85+ (e) A permit under this section that is issued under:
86+ (1) Subsection (c)(1) expires not later than the 120th
87+ day after the date of the disaster or emergency declaration; or
88+ (2) Subsection (c)(2) expires not later than the 120th
89+ day after the date the department receives notice from the division
90+ under Subsection (d) authorizing the issuance of the permit.
9591 Sec. 623.452. RULES. The board may adopt rules necessary to
9692 implement this subchapter, including rules that establish the
9793 requirements for obtaining a permit.
9894 Sec. 623.453. PERMIT CONDITIONS. The department may impose
9995 conditions on a permit holder to ensure the safe operation of a
10096 permitted vehicle and minimize damage to roadways, including
10197 requirements related to vehicle routing, hours of operation, weight
10298 limits, and lighting and requirements for escort vehicles.
10399 Sec. 623.454. INTERSTATE AND DEFENSE HIGHWAYS AND FEDERAL
104100 AID PRIMARY HIGHWAY SYSTEM. (a) This subchapter does not authorize
105101 the operation on the national system of interstate and defense
106102 highways or the federal aid primary highway system in this state of
107103 a vehicle with a size or weight greater than those permitted under
108104 23 U.S.C. Section 127 or 49 U.S.C. Sections 31111 through 31114.
109105 (b) If the United States authorizes the operation on the
110106 national system of interstate and defense highways or the federal
111107 aid primary highway system of a vehicle with a size or weight
112108 greater than those permitted under 23 U.S.C. Section 127 or 49
113109 U.S.C. Sections 31111 through 31114 on September 1, 2025, the new
114110 limit automatically takes effect on the national system of
115111 interstate and defense highways or the federal aid primary highway
116112 system in this state.
117113 SECTION 5. The change in law made by this Act to Section
118114 162.235, Tax Code, applies only to conduct that occurs on or after
119115 the effective date of this Act. Conduct that occurred before the
120116 effective date of this Act is governed by the law in effect on the
121117 date the conduct occurred, and the former law is continued in effect
122118 for that purpose. For purposes of this section, conduct occurred
123119 before the effective date of this Act if any element of the conduct
124120 occurred before that date.
125121 SECTION 6. This Act takes effect September 1, 2025.