89R22243 JRR-F
By: Tepper H.B. No. 3679
Substitute the following for H.B. No. 3679:
By: Curry C.S.H.B. No. 3679
A BILL TO BE ENTITLED
AN ACT
relating to the operation of certain vehicles during disasters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.235, Tax Code, is amended by adding
Subsection (c) to read as follows:
(c) Notwithstanding Subsection (a), a person who purchases
dyed diesel fuel and furnishes to the licensed supplier or
distributor under Section 162.206(a) a signed statement that
includes an end user number issued by the comptroller may operate a
motor vehicle on a public highway in this state with that dyed
diesel fuel in the fuel supply tank of the motor vehicle if the
motor vehicle is operated:
(1) during a period for which the Internal Revenue
Service has specified that it will not impose a penalty when dyed
diesel fuel is sold for use or used on a public highway; and
(2) in an area that is included in an emergency or
major disaster as declared by the president of the United States
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Section 5121 et seq.) or following a
declaration of a state of disaster under Section 418.014,
Government Code.
SECTION 2. Section 621.102(d), Transportation Code, is
amended to read as follows:
(d) A vehicle operating under a permit issued under Section
623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
operate under the conditions authorized by the permit over a road
for which the executive director of the Texas Department of
Transportation has set a maximum weight under this section.
SECTION 3. Section 621.301(e), Transportation Code, is
amended to read as follows:
(e) A vehicle operating under a permit issued under Section
623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
operate under the conditions authorized by the permit over a road
for which the commissioners court has set a maximum weight under
this section.
SECTION 4. Chapter 623, Transportation Code, is amended by
adding Subchapter W to read as follows:
SUBCHAPTER W. PERMIT FOR VEHICLES TRANSPORTING AGRICULTURAL
COMMODITIES DURING DISASTER
Sec. 623.451. PERMIT TO DELIVER AGRICULTURAL COMMODITIES.
(a) In this section, "agricultural commodity" means an
agricultural, horticultural, viticultural, silvicultural, or
vegetable product, bees or honey, planting seed, cottonseed, rice,
livestock or a livestock product, or poultry or a poultry product
that is produced in this state, either in its natural form or as
processed by the producer, including wood chips.
(b) Notwithstanding any other state law, the department may
issue a special permit to an oversize or overweight vehicle or load
that:
(1) can easily be dismantled or divided; and
(2) will be used only to deliver agricultural
commodities to or from a site that is:
(A) located in an area included in an emergency
or major disaster declaration described by Subsection (c)(1); and
(B) affected by the emergency or major disaster
for which the declaration described by Subsection (c)(1) was
issued.
(c) The department may issue a permit under this section
only:
(1) during an emergency or major disaster as declared
by the president of the United States under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. Section
5121 et seq.) or following a declaration of a state of disaster
under Section 418.014, Government Code; and
(2) if the Department of Public Safety authorizes the
issuance of the permit.
(d) If the Department of Public Safety authorizes the
issuance of the permit, the Department of Public Safety shall
notify the department of that decision in the manner prescribed by
the department and include in the notice the counties in which a
vehicle issued the permit may be operated.
(e) A permit under this section expires on:
(1) the date the declaration described by Subsection
(c)(1) expires; or
(2) if the vehicle operating under the permit is using
dyed diesel fuel in accordance with Section 162.235(c), Tax Code,
the earlier of:
(A) the date the Internal Revenue Service has
specified that it will resume imposing a penalty when dyed diesel
fuel is sold for use or used on a public highway; or
(B) the date described by Subdivision (1).
Sec. 623.452. RULES. The board may adopt rules necessary to
implement this subchapter, including rules that establish the
requirements for obtaining a permit.
Sec. 623.453. PERMIT CONDITIONS. The department may impose
conditions on a permit holder to ensure the safe operation of a
permitted vehicle and minimize damage to roadways, including
requirements related to vehicle routing, hours of operation, weight
limits, and lighting and requirements for escort vehicles.
Sec. 623.454. INTERSTATE AND DEFENSE HIGHWAYS AND FEDERAL
AID PRIMARY HIGHWAY SYSTEM. (a) This subchapter does not authorize
the operation on the national system of interstate and defense
highways or the federal aid primary highway system in this state of
a vehicle with a size or weight greater than those permitted under
23 U.S.C. Section 127 or 49 U.S.C. Sections 31111 through 31114.
(b) If the United States authorizes the operation on the
national system of interstate and defense highways or the federal
aid primary highway system of a vehicle with a size or weight
greater than those permitted under 23 U.S.C. Section 127 or 49
U.S.C. Sections 31111 through 31114 on September 1, 2025, the new
limit automatically takes effect on the national system of
interstate and defense highways or the federal aid primary highway
system in this state.
SECTION 5. The change in law made by this Act to Section
162.235, Tax Code, applies only to conduct that occurs on or after
the effective date of this Act. Conduct that occurred before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose. For purposes of this section, conduct occurred
before the effective date of this Act if any element of the conduct
occurred before that date.
SECTION 6. This Act takes effect September 1, 2025.