89R3547 JRR-F
By: Sparks S.B. No. 497
A BILL TO BE ENTITLED
AN ACT
relating to the operation of certain vehicles preceding, during,
and following 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 motor 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 motor
fuel in the fuel supply tank of the motor vehicle during a period
beginning on the date a state of disaster is declared under Section
418.014, Government Code, due to a fire, flood, earthquake,
tornado, hurricane, storm, or energy emergency and ending on the
30th day after the declaration expires or otherwise terminates, if
the motor vehicle is operated:
(1) in the area designated a disaster area by the
disaster declaration; or
(2) in an area other than the area described by
Subdivision (1) if the dyed motor fuel was placed in the fuel supply
tank of the motor vehicle in the area described by that subdivision.
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 OR PRECEDING DISASTER
Sec. 623.451. PERMIT TO DELIVER AGRICULTURAL COMMODITIES.
(a) In this section:
(1) "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 woodchips.
(2) "Division" means the Texas Division of Emergency
Management.
(b) Notwithstanding any other 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.
(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; or
(2) preceding an event that may result in a
declaration of a state of disaster under Section 418.014,
Government Code, if issuance of the permit for the event is
authorized by the division.
(d) A person may file an application to the division in the
manner prescribed by the division requesting that the division
authorize the issuance of a permit preceding an event described by
Subsection (c)(2). If the division authorizes the issuance of the
permit, the division 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 that is issued under:
(1) Subsection (c)(1) expires not later than the 120th
day after the date of the disaster or emergency declaration; or
(2) Subsection (c)(2) expires not later than the 120th
day after the date the department receives notice from the division
under Subsection (d) authorizing the issuance of the permit.
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.