Texas 2025 - 89th Regular

Texas House Bill HB4734 Compare Versions

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1	1		By: Guillen H.B. No. 4734
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the operation of certain vehicles preceding, during,
7	9		and following disasters.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 162.235, Tax Code, is amended by adding
10	12		Subsection (c) to read as follows:
11	13		(c) Notwithstanding Subsection (a), a person who purchases
12	14		dyed motor fuel and furnishes to the licensed supplier or
13	15		distributor under Section 162.206(a) a signed statement that
14	16		includes an end user number issued by the comptroller may operate a
15	17		motor vehicle on a public highway in this state with that dyed motor
16	18		fuel in the fuel supply tank of the motor vehicle during a period
17	19		beginning on the date a state of disaster is declared under Section
18	20		418.014, Government Code, due to a fire, flood, earthquake,
19	21		tornado, hurricane, storm, or energy emergency and ending on the
20	22		30th day after the declaration expires or otherwise terminates, if
21	23		the motor vehicle is operated:
22	24		(1) in the area designated a disaster area by the
23	25		disaster declaration; or
24	26		(2) in an area other than the area described by
25	27		Subdivision (1) if the dyed motor fuel was placed in the fuel supply
26	28		tank of the motor vehicle in the area described by that subdivision.
27	29		SECTION 2. Section 621.102(d), Transportation Code, is
28	30		amended to read as follows:
29	31		(d) A vehicle operating under a permit issued under Section
30	32		623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
31	33		623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
32	34		2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
33	35		operate under the conditions authorized by the permit over a road
34	36		for which the executive director of the Texas Department of
35	37		Transportation has set a maximum weight under this section.
36	38		SECTION 3. Section 621.301(e), Transportation Code, is
37	39		amended to read as follows:
38	40		(e) A vehicle operating under a permit issued under Section
39	41		623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
40	42		623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
41	43		2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
42	44		operate under the conditions authorized by the permit over a road
43	45		for which the commissioners court has set a maximum weight under
44	46		this section.
45	47		SECTION 4. Chapter 623, Transportation Code, is amended by
46	48		adding Subchapter W to read as follows:
47	49		SUBCHAPTER W. PERMIT FOR VEHICLES TRANSPORTING AGRICULTURAL
48	50		COMMODITIES DURING OR PRECEDING DISASTER
49	51		Sec. 623.451. PERMIT TO DELIVER AGRICULTURAL COMMODITIES.
50	52		(a) In this section:
51	53		(1) "Agricultural commodity" means an agricultural,
52	54		horticultural, viticultural, silvicultural, or vegetable product,
53	55		bees or honey, planting seed, cottonseed, rice, livestock or a
54	56		livestock product, or poultry or a poultry product that is produced
55	57		in this state, either in its natural form or as processed by the
56	58		producer, including woodchips.
57	59		(2) "Division" means the Texas Division of Emergency
58	60		Management.
59	61		(b) Notwithstanding any other law, the department may issue
60	62		a special permit to an oversize or overweight vehicle or load that:
61	63		(1) can easily be dismantled or divided; and
62	64		(2) will be used only to deliver agricultural
63	65		commodities.
64	66		(c) The department may issue a permit under this section
65	67		only:
66	68		(1) during an emergency or major disaster as declared
67	69		by the president of the United States under the Robert T. Stafford
68	70		Disaster Relief and Emergency Assistance Act (42 U.S.C. Section
69	71		5121 et seq.) or following a declaration of a state of disaster
70	72		under Section 418.014, Government Code; or
71	73		(2) preceding an event that may result in a
72	74		declaration of a state of disaster under Section 418.014,
73	75		Government Code, if issuance of the permit for the event is
74	76		authorized by the division.
75	77		(d) A person may file an application to the division in the
76	78		manner prescribed by the division requesting that the division
77	79		authorize the issuance of a permit preceding an event described by
78	80		Subsection (c)(2). If the division authorizes the issuance of the
79	81		permit, the division shall notify the department of that decision
80	82		in the manner prescribed by the department and include in the notice
81	83		the counties in which a vehicle issued the permit may be operated.
82	84		(e) Subject to Subsection (f), a permit under this section
83	85		that is issued under:
84	86		(1) Subsection (c)(1) expires not later than the 10th
85	87		day after the expiration of the disaster or emergency declaration;
86	88		or
87	89		(2) Subsection (c)(2) expires not later than the 10th
88	90		day after the date the department receives notice from the division
89	91		under Subsection (d) authorizing the issuance of the permit.
90	92		(f) A permit under this section that is issued under
91	93		Subsection (c)(2) shall convert into a permit under Subsection
92	94		(c)(1) upon an emergency or major disaster as declared by the
93	95		president of the United States under the Robert T. Stafford
94	96		Disaster Relief and Emergency Assistance Act (42 U.S.C. Section
95	97		5121 et seq.) or following a declaration of a state of disaster
96	98		under Section 418.014, Government Code.
97	99		Sec. 623.452. RULES. The board may adopt rules necessary to
98	100		implement this subchapter, including rules that establish the
99	101		requirements for obtaining a permit.
100	102		Sec. 623.453. PERMIT CONDITIONS. The department may impose
101	103		conditions on a permit holder to ensure the safe operation of a
102	104		permitted vehicle and minimize damage to roadways, including
103	105		requirements related to vehicle routing, hours of operation, weight
104	106		limits, and lighting and requirements for escort vehicles.
105	107		Sec. 623.454. INTERSTATE AND DEFENSE HIGHWAYS AND FEDERAL
106	108		AID PRIMARY HIGHWAY SYSTEM. (a) This subchapter does not authorize
107	109		the operation on the national system of interstate and defense
108	110		highways or the federal aid primary highway system in this state of
109	111		a vehicle with a size or weight greater than those permitted under
110	112		23 U.S.C. Section 127 or 49 U.S.C. Sections 31111 through 31114.
111	113		(b) If the United States authorizes the operation on the
112	114		national system of interstate and defense highways or the federal
113	115		aid primary highway system of a vehicle with a size or weight
114	116		greater than those permitted under 23 U.S.C. Section 127 or 49
115	117		U.S.C. Sections 31111 through 31114 on September 1, 2025, the new
116	118		limit automatically takes effect on the national system of
117	119		interstate and defense highways or the federal aid primary highway
118	120		system in this state.
119	121		SECTION 5. The change in law made by this Act to Section
120	122		162.235, Tax Code, applies only to conduct that occurs on or after
121	123		the effective date of this Act. Conduct that occurred before the
122	124		effective date of this Act is governed by the law in effect on the
123	125		date the conduct occurred, and the former law is continued in effect
124	126		for that purpose. For purposes of this section, conduct occurred
125	127		before the effective date of this Act if any element of the conduct
126	128		occurred before that date.
127	129		SECTION 6. This Act takes effect September 1, 2025.