Texas 2025 - 89th Regular

Texas Senate Bill SB497 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3547 JRR-F
2	2	By: Sparks S.B. No. 497
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the operation of certain vehicles preceding, during,
10	10	and following disasters.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 162.235, Tax Code, is amended by adding
13	13	Subsection (c) to read as follows:
14	14	(c) Notwithstanding Subsection (a), a person who purchases
15	15	dyed motor fuel and furnishes to the licensed supplier or
16	16	distributor under Section 162.206(a) a signed statement that
17	17	includes an end user number issued by the comptroller may operate a
18	18	motor vehicle on a public highway in this state with that dyed motor
19	19	fuel in the fuel supply tank of the motor vehicle during a period
20	20	beginning on the date a state of disaster is declared under Section
21	21	418.014, Government Code, due to a fire, flood, earthquake,
22	22	tornado, hurricane, storm, or energy emergency and ending on the
23	23	30th day after the declaration expires or otherwise terminates, if
24	24	the motor vehicle is operated:
25	25	(1) in the area designated a disaster area by the
26	26	disaster declaration; or
27	27	(2) in an area other than the area described by
28	28	Subdivision (1) if the dyed motor fuel was placed in the fuel supply
29	29	tank of the motor vehicle in the area described by that subdivision.
30	30	SECTION 2. Section 621.102(d), Transportation Code, is
31	31	amended to read as follows:
32	32	(d) A vehicle operating under a permit issued under Section
33	33	623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
34	34	623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
35	35	2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
36	36	operate under the conditions authorized by the permit over a road
37	37	for which the executive director of the Texas Department of
38	38	Transportation has set a maximum weight under this section.
39	39	SECTION 3. Section 621.301(e), Transportation Code, is
40	40	amended to read as follows:
41	41	(e) A vehicle operating under a permit issued under Section
42	42	623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
43	43	623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.
44	44	2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
45	45	operate under the conditions authorized by the permit over a road
46	46	for which the commissioners court has set a maximum weight under
47	47	this section.
48	48	SECTION 4. Chapter 623, Transportation Code, is amended by
49	49	adding Subchapter W to read as follows:
50	50	SUBCHAPTER W. PERMIT FOR VEHICLES TRANSPORTING AGRICULTURAL
51	51	COMMODITIES DURING OR PRECEDING DISASTER
52	52	Sec. 623.451. PERMIT TO DELIVER AGRICULTURAL COMMODITIES.
53	53	(a) In this section:
54	54	(1) "Agricultural commodity" means an agricultural,
55	55	horticultural, viticultural, silvicultural, or vegetable product,
56	56	bees or honey, planting seed, cottonseed, rice, livestock or a
57	57	livestock product, or poultry or a poultry product that is produced
58	58	in this state, either in its natural form or as processed by the
59	59	producer, including woodchips.
60	60	(2) "Division" means the Texas Division of Emergency
61	61	Management.
62	62	(b) Notwithstanding any other law, the department may issue
63	63	a special permit to an oversize or overweight vehicle or load that:
64	64	(1) can easily be dismantled or divided; and
65	65	(2) will be used only to deliver agricultural
66	66	commodities.
67	67	(c) The department may issue a permit under this section
68	68	only:
69	69	(1) during an emergency or major disaster as declared
70	70	by the president of the United States under the Robert T. Stafford
71	71	Disaster Relief and Emergency Assistance Act (42 U.S.C. Section
72	72	5121 et seq.) or following a declaration of a state of disaster
73	73	under Section 418.014, Government Code; or
74	74	(2) preceding an event that may result in a
75	75	declaration of a state of disaster under Section 418.014,
76	76	Government Code, if issuance of the permit for the event is
77	77	authorized by the division.
78	78	(d) A person may file an application to the division in the
79	79	manner prescribed by the division requesting that the division
80	80	authorize the issuance of a permit preceding an event described by
81	81	Subsection (c)(2). If the division authorizes the issuance of the
82	82	permit, the division shall notify the department of that decision
83	83	in the manner prescribed by the department and include in the notice
84	84	the counties in which a vehicle issued the permit may be operated.
85	85	(e) A permit under this section that is issued under:
86	86	(1) Subsection (c)(1) expires not later than the 120th
87	87	day after the date of the disaster or emergency declaration; or
88	88	(2) Subsection (c)(2) expires not later than the 120th
89	89	day after the date the department receives notice from the division
90	90	under Subsection (d) authorizing the issuance of the permit.
91	91	Sec. 623.452. RULES. The board may adopt rules necessary to
92	92	implement this subchapter, including rules that establish the
93	93	requirements for obtaining a permit.
94	94	Sec. 623.453. PERMIT CONDITIONS. The department may impose
95	95	conditions on a permit holder to ensure the safe operation of a
96	96	permitted vehicle and minimize damage to roadways, including
97	97	requirements related to vehicle routing, hours of operation, weight
98	98	limits, and lighting and requirements for escort vehicles.
99	99	Sec. 623.454. INTERSTATE AND DEFENSE HIGHWAYS AND FEDERAL
100	100	AID PRIMARY HIGHWAY SYSTEM. (a) This subchapter does not authorize
101	101	the operation on the national system of interstate and defense
102	102	highways or the federal aid primary highway system in this state of
103	103	a vehicle with a size or weight greater than those permitted under
104	104	23 U.S.C. Section 127 or 49 U.S.C. Sections 31111 through 31114.
105	105	(b) If the United States authorizes the operation on the
106	106	national system of interstate and defense highways or the federal
107	107	aid primary highway system of a vehicle with a size or weight
108	108	greater than those permitted under 23 U.S.C. Section 127 or 49
109	109	U.S.C. Sections 31111 through 31114 on September 1, 2025, the new
110	110	limit automatically takes effect on the national system of
111	111	interstate and defense highways or the federal aid primary highway
112	112	system in this state.
113	113	SECTION 5. The change in law made by this Act to Section
114	114	162.235, Tax Code, applies only to conduct that occurs on or after
115	115	the effective date of this Act. Conduct that occurred before the
116	116	effective date of this Act is governed by the law in effect on the
117	117	date the conduct occurred, and the former law is continued in effect
118	118	for that purpose. For purposes of this section, conduct occurred
119	119	before the effective date of this Act if any element of the conduct
120	120	occurred before that date.
121	121	SECTION 6. This Act takes effect September 1, 2025.