| 1 | | - | By: Nichols, West S.B. No. 995 |
|---|
| 1 | + | By: Nichols S.B. No. 995 |
|---|
| 2 | + | (In the Senate - Filed January 29, 2025; February 13, 2025, |
|---|
| 3 | + | read first time and referred to Committee on Transportation; |
|---|
| 4 | + | March 13, 2025, reported favorably by the following vote: Yeas 9, |
|---|
| 5 | + | Nays 0; March 13, 2025, sent to printer.) |
|---|
| 6 | + | Click here to see the committee vote |
|---|
| 2 | 7 | | |
|---|
| 3 | 8 | | |
|---|
| 4 | 9 | | |
|---|
| 5 | 10 | | |
|---|
| 6 | 11 | | A BILL TO BE ENTITLED |
|---|
| 7 | 12 | | AN ACT |
|---|
| 8 | 13 | | relating to the approval of a surety bond for a contract authorizing |
|---|
| 9 | 14 | | an oversize or overweight vehicle to cross a road or highway. |
|---|
| 10 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 16 | | SECTION 1. Section 623.051(d), Transportation Code, is |
|---|
| 12 | 17 | | amended to read as follows: |
|---|
| 13 | 18 | | (d) Before exercising any right under a contract under this |
|---|
| 14 | 19 | | section, a person must execute with a corporate surety authorized |
|---|
| 15 | 20 | | to do business in this state a surety bond in an amount determined |
|---|
| 16 | 21 | | by the commission to compensate for the cost of maintenance and |
|---|
| 17 | 22 | | repairs as provided by this section. The bond must be approved by |
|---|
| 18 | 23 | | the Texas Department of Transportation [comptroller and the |
|---|
| 19 | 24 | | attorney general] and must be conditioned on the person fulfilling |
|---|
| 20 | 25 | | the obligations of the contract. |
|---|
| 21 | 26 | | SECTION 2. Section 623.052(b), Transportation Code, is |
|---|
| 22 | 27 | | amended to read as follows: |
|---|
| 23 | 28 | | (b) Before a person may operate a vehicle under this |
|---|
| 24 | 29 | | section, the person must: |
|---|
| 25 | 30 | | (1) contract with the Texas Department of |
|---|
| 26 | 31 | | Transportation to indemnify the Texas Department of Transportation |
|---|
| 27 | 32 | | for the cost of the maintenance and repair for damage caused by a |
|---|
| 28 | 33 | | vehicle crossing that part of the highway; and |
|---|
| 29 | 34 | | (2) execute an adequate surety bond to compensate for |
|---|
| 30 | 35 | | the cost of maintenance and repair, approved by the Texas |
|---|
| 31 | 36 | | Department of Transportation [comptroller and the attorney |
|---|
| 32 | 37 | | general], with a corporate surety authorized to do business in this |
|---|
| 33 | 38 | | state, conditioned on the person fulfilling each obligation of the |
|---|
| 34 | 39 | | agreement. |
|---|
| 35 | 40 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 36 | 41 | | the approval of a surety bond on or after the effective date of this |
|---|
| 37 | 42 | | Act. |
|---|
| 38 | 43 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 39 | 44 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 40 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 41 | 46 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 42 | 47 | | Act takes effect September 1, 2025. |
|---|