By: Nichols S.B. No. 995
(In the Senate - Filed January 29, 2025; February 13, 2025,
read first time and referred to Committee on Transportation;
March 13, 2025, reported favorably by the following vote: Yeas 9,
Nays 0; March 13, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the approval of a surety bond for a contract authorizing
an oversize or overweight vehicle to cross a road or highway.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 623.051(d), Transportation Code, is
amended to read as follows:
(d) Before exercising any right under a contract under this
section, a person must execute with a corporate surety authorized
to do business in this state a surety bond in an amount determined
by the commission to compensate for the cost of maintenance and
repairs as provided by this section. The bond must be approved by
the Texas Department of Transportation [comptroller and the
attorney general] and must be conditioned on the person fulfilling
the obligations of the contract.
SECTION 2. Section 623.052(b), Transportation Code, is
amended to read as follows:
(b) Before a person may operate a vehicle under this
section, the person must:
(1) contract with the Texas Department of
Transportation to indemnify the Texas Department of Transportation
for the cost of the maintenance and repair for damage caused by a
vehicle crossing that part of the highway; and
(2) execute an adequate surety bond to compensate for
the cost of maintenance and repair, approved by the Texas
Department of Transportation [comptroller and the attorney
general], with a corporate surety authorized to do business in this
state, conditioned on the person fulfilling each obligation of the
agreement.
SECTION 3. The changes in law made by this Act apply only to
the approval of a surety bond on or after the effective date of this
Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
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