2009 Texas Code
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
CHAPTER 623. PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLES
TRANSPORTATION CODETITLE 7. VEHICLES AND TRAFFICSUBTITLE E. VEHICLE SIZE AND WEIGHTCHAPTER 623. PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLESSUBCHAPTER A. GENERAL PROVISIONSSec. 623.001. DEFINITIONS. In this chapter:(1) "Department" means the Texas Department of Transportation.(2) "Shipper" means a person who consigns the movement of a shipment.(3) "Shipper's certificate of weight" means a document described by Section 623.274.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 14, eff. September 1, 2007.
SUBCHAPTER B. GENERAL PERMITSSec. 623.011. PERMIT FOR EXCESS AXLE OR GROSS WEIGHT. (a) The department may issue a permit that authorizes the operation of a commercial motor vehicle, trailer, semitrailer, or combination of those vehicles, or a truck-tractor or combination of a truck-tractor and one or more other vehicles:(1) at an axle weight that is not heavier than the weight equal to the maximum allowable axle weight for the vehicle or combination plus a tolerance allowance of 10 percent of that allowable weight; and(2) at a gross weight that is not heavier than the weight equal to the maximum allowable gross weight for the vehicle or combination plus a tolerance allowance of five percent.(b) To qualify for a permit under this section:(1) the vehicle must be registered under Chapter 502 for the maximum gross weight applicable to the vehicle under Section 621.101, not to exceed 80,000 pounds;(2) the security requirement of Section 623.012 must be satisfied; and(3) a base permit fee of $75, any additional fee required by Section 623.0111, and any additional fee set by the department under Section 623.0112 must be paid.(c) A permit issued under this section:(1) is valid for one year; and(2) must be carried in the vehicle for which it is issued.(d) When the department issues a permit under this section, the department shall issue a sticker to be placed on the front windshield of the vehicle above the inspection certificate issued to the vehicle. The department shall design the form of the sticker to aid in the enforcement of weight limits for vehicles.(e) The sticker must:(1) indicate the expiration date of the permit; and(2) be removed from the vehicle when:(A) the permit for operation of the vehicle expires;(B) a lease of the vehicle expires; or(C) the vehicle is sold.(f) A person commits an offense if the person fails to display the sticker in the manner required by Subsection (d). An offense under this subsection is a Class C misdemeanor. Section 623.019(g) applies to an offense under this subsection.(g) A vehicle operating under a permit issued under this section may exceed the maximum allowable gross weight tolerance allowance by not more than five percent, regardless of the weight of any one axle or tandem axle, if no axle or tandem axle exceeds the tolerance permitted by Subsection (a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(a), eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1227, Sec. 8, eff. Sept. 1, 2001.
Sec. 623.0111. ADDITIONAL FEE FOR OPERATION OF VEHICLE UNDER PERMIT. (a) When a person applies for a permit under Section 623.011, the person must:(1) designate in the application each county in which the vehicle will be operated; and(2) pay in addition to other fees an annual fee in an amount determined according to the following table:
Number of Counties Designated
Fee
1-5
$175
6-20
$250
21-40
$450
41-60
$625
61-80
$800
81-100
$900
101-254
$1,000
(b) A permit issued under Section 623.011 does not authorize the
operation of the vehicle in a county that is not designated in
the application.
(c) Of the fees collected under Subsection (a) the following
amounts shall be deposited to the general revenue fund and the
remainder shall be deposited to the credit of the state highway
fund:
Number of Counties Designated
Amount Allocated to General Revenue Fund
1-5
$125
6-20
$125
21-40
$345
41-60
$565
61-80
$785
81-100
$900
101-254
$1,000
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(b), eff.
Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 4, eff. September 1, 2007.
Sec. 623.0112. ADDITIONAL ADMINISTRATIVE FEE. When a person
applies for a permit under Section 623.011, the person must pay
in addition to other fees an administrative fee adopted by
department rule in an amount not to exceed the direct and
indirect cost to the department of:
(1) issuing a sticker under Section 623.011(d);
(2) distributing fees under Section 621.353; and
(3) notifying counties under Section 623.013.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(b), eff.
Sept. 1, 1997.
Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided by
Subsection (b), a permit issued under Section 623.011 does not
authorize the operation of a vehicle on:
(1) the national system of interstate and defense highways in
this state if the weight of the vehicle is greater than
authorized by federal law; or
(2) a bridge for which a maximum weight and load limit has been
established and posted by the Texas Transportation Commission
under Section 621.102 or the commissioners court of a county
under Section 621.301, if the gross weight of the vehicle and
load or the axles and wheel loads are greater than the limits
established and posted under those sections.
(b) The restrictions under Subsection (a)(2) do not apply if a
bridge described by Subsection (a)(2) provides the only public
vehicular access from an origin or to a destination by a holder
of a permit issued under Section 623.011.
Added by Acts 2001, 77th Leg., ch. 1227, Sec. 9, eff. Sept. 1,
2001.
Sec. 623.012. SECURITY FOR PERMIT. (a) An applicant for a
permit under Section 623.011, other than a permit to operate a
vehicle loaded with timber or pulp wood, wood chips, cotton, or
agricultural products in their natural state, shall file with the
department:
(1) a blanket bond; or
(2) an irrevocable letter of credit issued by a financial
institution the deposits of which are guaranteed by the Federal
Deposit Insurance Corporation.
(b) The bond or letter of credit must:
(1) be in the amount of $15,000 payable to the department and
the counties of this state;
(2) be conditioned that the applicant will pay the department
for any damage to a state highway, and a county for any damage to
a road or bridge of the county, caused by the operation of the
vehicle for which the permit is issued at a heavier weight than
the maximum weights authorized by Subchapter B of Chapter 621 or
Section 621.301; and
(3) provide that the issuer is to notify the department and the
applicant in writing promptly after a payment is made by the
issuer on the bond or letter of credit.
(c) If an issuer of a bond or letter of credit pays under the
bond or letter of credit, the permit holder shall file with the
department before the 31st day after the date on which the
payment is made:
(1) a replacement bond or letter of credit in the amount
prescribed by Subsection (b) for the original bond or letter of
credit; or
(2) a notification from the issuer of the existing bond or
letter of credit that the bond or letter of credit has been
restored to the amount prescribed by Subsection (b).
(d) If the filing is not made as required by Subsection (c),
each permit held by the permit holder under Section 623.011
automatically expires on the 31st day after the date on which the
payment is made on the bond or letter of credit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.013. DEPARTMENT'S NOTICE TO COUNTY. (a) Not later
than the 14th day after the date the department issues a permit
under Section 623.011, the department shall notify the county
clerk of each county listed in the application for the permit.
The notice must include:
(1) the name and address of the person for whom a permit was
issued; and
(2) the vehicle identification number and license plate number
of the vehicle.
(b) The department shall send a copy of the permit and the bond
or letter of credit required for the permit with the notice
required by this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(c), eff.
Sept. 1, 1997.
Sec. 623.014. TRANSFER OF PERMIT. (a) A permit issued under
Section 623.011 may not be transferred.
(b) If the vehicle for which a permit was issued is destroyed or
permanently inoperable, a person may apply to the department for
a credit for the remainder of the permit period.
(c) The department shall issue the prorated credit if the
person:
(1) pays the fee adopted by the department; and
(2) provides the department with:
(A) the original permit; or
(B) if the original permit does not exist, written evidence in a
form approved by the department that the vehicle has been
destroyed or is permanently inoperable.
(d) The fee adopted by the department under Subsection (c)(1)
may not exceed the cost of issuing the credit.
(e) A credit issued under Subsection (c) may be used only toward
the payment of a permit fee under this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(d), eff.
Sept. 1, 1997.
Sec. 623.015. LIABILITY FOR DAMAGE. (a) The liability of a
holder of a permit issued under Section 623.011 for damage to a
state road or highway or a county road is not limited to the
amount of the bond or letter of credit required for the issuance
of the permit.
(b) The holder of a permit issued under Section 623.011 who has
filed the bond or letter of credit required for the permit and
who has filed the notice required by Section 623.013 is liable to
the county only for the actual damage to a county road, bridge,
or culvert with a load limitation established under Subchapter B
of Chapter 621 or Section 621.301 caused by the operation of the
vehicle in excess of the limitation. If a county judge, county
commissioner, county road supervisor, or county traffic officer
requires the vehicle to travel over a designated route, it is
presumed that the designated route, including a bridge or culvert
on the route, is of sufficient strength and design to carry and
withstand the weight of the vehicle traveling over the designated
route.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.0155. INDEMNIFICATION FROM MOTOR CARRIER PROHIBITED.
(a) A person may not require indemnification from a motor
carrier as a condition to:
(1) the transportation of property for compensation or hire by
the carrier;
(2) entrance on property by the carrier for the purpose of
loading, unloading, or transporting property for compensation or
hire; or
(3) a service incidental to an activity described by Subdivision
(1) or (2), including storage of property.
(b) Subsection (a) does not apply to:
(1) a claim arising from damage or loss from a wrongful or
negligent act or omission of the carrier; or
(2) services or goods other than those described by Subsection
(a).
(c) In this section, "motor carrier" means a common carrier,
specialized carrier, or contract carrier that transports property
for hire. The term does not include a person who transports
property as an incidental activity of a nontransportation
business activity regardless of whether the person imposes a
separate charge for the transportation.
(d) A provision that is contrary to Subsection (a) is not
enforceable.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.139(a); Acts
1997, 75th Leg., ch. 1061, Sec. 19.
Sec. 623.016. RECOVERY ON PERMIT SECURITY. (a) The department
or a county may recover on the bond or letter of credit required
for a permit issued under Section 623.011 only by a suit against
the permit holder and the issuer of the bond or letter of credit.
(b) Venue for a suit by the department is in a district court
in:
(1) the county in which the defendant resides;
(2) the county in which the defendant has its principal place of
business in this state if the defendant is a corporation or
partnership; or
(3) Travis County if the defendant is a corporation or
partnership that does not have a principal place of business in
this state.
(c) Venue for a suit by a county is in district court in:
(1) the county in which the defendant resides;
(2) the county in which the defendant has its principal place of
business in this state; or
(3) the county in which the damage occurred.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 455, Sec. 1, eff. Sept. 1,
2001.
Sec. 623.017. PERMIT FOR MOVEMENT OF CYLINDRICAL HAY BALES. (a)
The department may issue an annual permit to authorize the
movement of a vehicle that is used to carry cylindrical bales of
hay and that is wider than the maximum allowable vehicle width
but not wider than 12 feet.
(b) A $10 permit fee must accompany an application for a permit
under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.018. COUNTY PERMIT. (a) The commissioners court of a
county, through the county judge, may issue a permit for:
(1) the transportation over highways of that county, other than
state highways and public roads in the territory of a
municipality, of an overweight, oversize, or overlength commodity
that cannot be reasonably dismantled; or
(2) the operation over a highway of that county other than a
state highway or public road in the territory of a municipality
of:
(A) superheavy or oversize equipment for the transportation of
an overweight, oversize, or overlength commodity that cannot be
reasonably dismantled; or
(B) vehicles or combinations of vehicles that exceed the weights
authorized under Subchapter B, Chapter 621, or Section 621.301.
(b) A permit under Subsection (a) may not be issued for longer
than 90 days.
(c) The commissioners court of a county, through the county
judge, may issue an annual permit to a dealer in implements of
husbandry to allow the dealer to use vehicles that exceed the
width limitations provided by this chapter to transport an
implement on a highway. The county judge may exercise authority
under this subsection independently of the commissioners court
until the commissioners court takes action on the request.
(d) If a vehicle has a permit issued under Section 623.011, a
commissioners court may not:
(1) issue a permit under this section or charge an additional
fee for or otherwise regulate or restrict the operation of the
vehicle because of weight; or
(2) require the owner or operator to execute or comply with a
road use agreement or indemnity agreement, to make a filing or
application, or to provide a bond or letter of credit other than
the bond or letter of credit prescribed by Section 623.012.
(e) The commissioners court may require a bond to be executed by
an applicant in an amount sufficient to guarantee the payment of
any damage to a road or bridge sustained as a consequence of the
transportation authorized by the permit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.019. VIOLATIONS OF SUBCHAPTER; OFFENSES. (a) A person
who holds a permit issued under Section 623.011 commits an
offense if:
(1) the person:
(A) operates or directs the operation of the vehicle for which
the permit was issued on a public highway or road; and
(B) is criminally negligent with regard to the operation of the
vehicle at a weight heavier than the weight limit authorized by
Section 623.011; or
(2) the person operates or directs the operation of the vehicle
for which the permit was issued:
(A) in a county not designated in the person's application under
Section 623.0111; and
(B) at a weight heavier than a weight limit established under:
(i) Subchapter E, Chapter 251;
(ii) Chapter 621 or 622; or
(iii) this chapter.
(b) Except as provided by Subsections (c) and (d), an offense
under Subsection (a) is a misdemeanor punishable by a fine of not
less than $100 or more than $150.
(c) An offense under Subsection (a) is a misdemeanor and, except
as provided by Subsection (d), is punishable by a fine of:
(1) not less than $300 or more than $500 if the offense involves
a vehicle having a gross weight that is heavier than 5,000 but
not heavier than 10,000 pounds over the vehicle's allowable gross
weight; or
(2) not less than $500 or more than $1,000 if the offense
involves a vehicle having a gross weight that is at least 10,000
pounds heavier than the vehicle's allowable gross weight.
(d) On conviction before the first anniversary of the date of a
previous conviction under Subsection (a), an offense is
punishable by a fine in an amount that is twice the amount
specified by Subsection (c).
(e) A governmental entity collecting a fine under Subsection (c)
shall send an amount equal to 50 percent of the fine to the
comptroller.
(f) A justice of the peace has jurisdiction of any offense under
this section. A municipal court has jurisdiction of an offense
under this section in which the fine does not exceed $500.
(g) A justice or judge who renders a conviction under this
section shall report the conviction to the Department of Public
Safety. The Department of Public Safety shall keep a record of
each conviction reported under this subsection.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.139(c), eff.
Sept. 1, 1997.
SUBCHAPTER C. CONTRACTS FOR CROSSING ROADS
Sec. 623.051. CONTRACT ALLOWING OVERSIZE OR OVERWEIGHT VEHICLE
TO CROSS ROAD; SURETY BOND. (a) A person may operate a vehicle
that cannot comply with one or more of the restrictions of
Subchapter C of Chapter 621 or Section 621.101 to cross the width
of any road or highway under the jurisdiction of the department,
other than a controlled access highway as defined by Section
203.001, from private property to other private property if the
person contracts with the commission to indemnify the department
for the cost of maintenance and repair of the part of the highway
crossed by the vehicle.
(b) The commission shall adopt rules relating to the forms and
procedures to be used under this section and other matters that
the commission considers necessary to carry out this section.
(c) To protect the safety of the traveling public, minimize any
delays and inconveniences to the operators of vehicles in regular
operation, and assure payment for the added wear on the highways
in proportion to the reduction of service life, the commission,
in adopting rules under this section, shall consider:
(1) the safety and convenience of the general traveling public;
(2) the suitability of the roadway and subgrade on the road or
highway to be crossed, variation in soil grade prevalent in the
different regions of the state, and the seasonal effects on
highway load capacity, the highway shoulder design, and other
highway geometrics; and
(3) the state's investment in its highway system.
(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 comptroller and the attorney general and
must be conditioned on the person fulfilling the obligations of
the contract.
(e) Repealed by Acts 1997, 75th Leg., ch. 165, Sec. 30.140, eff.
Sept. 1, 1997.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.140, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 18.14, eff. Sept.
1, 1997.
Sec. 623.052. CONTRACT ALLOWING OVERWEIGHT VEHICLE WITH
COMMODITIES OR PRODUCTS TO CROSS HIGHWAY; SURETY BOND. (a) A
person may operate a vehicle that exceeds the overall gross
weight limits provided by Section 621.101 to cross the width of a
highway from private property to other private property if:
(1) the vehicle is transporting grain, sand, or another
commodity or product and the vehicle's overall gross weight is
not heavier than 110,000 pounds; or
(2) the vehicle is an unlicensed vehicle that is transporting
sand, gravel, stones, rock, caliche, or a similar commodity.
(b) Before a person may operate a vehicle under this section,
the person must:
(1) contract with the department to indemnify the department 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 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 18.15, eff. Sept.
1, 1997.
SUBCHAPTER D. HEAVY EQUIPMENT
Sec. 623.071. PERMIT TO MOVE CERTAIN HEAVY EQUIPMENT. (a) The
department may issue a permit to a person to operate over a state
highway superheavy or oversize equipment that:
(1) is used to transport cylindrically shaped bales of hay or a
commodity that cannot reasonably be dismantled; and
(2) has a gross weight or size that exceeds the limits allowed
by law to be transported over a state highway.
(b) The department may issue a permit to a person to operate
over a farm-to-market or ranch-to-market road superheavy or
oversize equipment that:
(1) is used to transport oilfield drill pipe or drill collars
stored in a pipe box; and
(2) has a gross weight or size that exceeds the limits allowed
by law to be transported over a state highway.
(c) The department may issue an annual permit to allow the
operation on a state highway of equipment that exceeds weight and
size limits provided by law for the movement of:
(1) an implement of husbandry by a dealer;
(2) water well drilling machinery and equipment or harvesting
equipment being moved as part of an agricultural operation; or
(3) superheavy or oversize equipment that:
(A) cannot reasonably be dismantled; and
(B) does not exceed:
(i) 12 feet in width;
(ii) 14 feet in height;
(iii) 110 feet in length; or
(iv) 120,000 pounds gross weight.
(d) The department may issue an annual permit to a motor
carrier, as defined by Section 643.001, that allows the motor
carrier to operate on a state highway two or more vehicles for
the movement of superheavy or oversize equipment described by
Subsection (c)(3). An application under this subsection must be
on the form prescribed by the department and include a
description of each vehicle to be operated by the motor carrier
under the permit. A permit issued under this subsection:
(1) may not authorize the operation of more than one vehicle at
the same time; and
(2) must be carried in the vehicle that is being operated to
move the superheavy or oversize equipment under the permit.
(e) The department may not issue a permit under this section
unless the equipment may be operated without material damage to
the highway.
(f) In this section, "pipe box" means a container specifically
constructed to safely transport and handle oilfield drill pipe
and drill collars.
(g) A single trip permit that increases the height or width
limits established in Subsection (c)(3)(B)(i) or (ii) may be
issued by the department and used in conjunction with an annual
permit issued under Subsection (c).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 568, Sec. 1, eff. June 2,
1997; Acts 1999, 76th Leg., ch. 807, Sec. 1, eff. Sept. 1, 1999.
Sec. 623.072. DESIGNATED ROUTE IN MUNICIPALITY. (a) A
municipality having a state highway in its territory shall
designate to the department the route in the municipality to be
used by equipment described by Section 623.071 operating over the
state highway. The department shall show the designated route on
each map routing the equipment.
(b) If a municipality does not designate a route, the department
shall determine the route of the equipment and the commodity on
each state highway in the municipality.
(c) A municipality may not require a fee, permit, or license for
movement of superheavy or oversize equipment on the route of a
state highway designated by the municipality or department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.074. APPLICATION. (a) The department may issue a
permit under this subchapter on the receipt of an application for
the permit.
(b) The application must:
(1) be in writing;
(2) state the kind of equipment to be operated;
(3) describe the equipment;
(4) give the weight and dimensions of the equipment;
(5) give the width, height, and length of the equipment;
(6) state the kind of commodity to be transported and the weight
of the total load; and
(7) be dated and signed by the applicant.
(c) An application for a permit under Section 623.071(a) or (b)
must also also state:
(1) each highway over which the equipment is to be operated, if
the permit is for a single trip; or
(2) the region or area, as required by rule, over which the
equipment is to be operated, if the permit is for other than a
single trip.
(d) The department may by rule authorize an applicant to submit
an application electronically. An electronically submitted
application shall be considered signed if a digital signature is
transmitted with the application and intended by the applicant to
authenticate the application. For purposes of this subsection,
"digital signature" means an electronic identifier intended by
the person using it to have the same force and effect as the use
of a manual signature.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 515, Sec. 4, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 568, Sec. 2, eff. June 2, 1997;
Acts 1997, 75th Leg., ch. 1171, Sec. 1.30, eff. Sept. 1, 1997.
Sec. 623.075. BOND. (a) Before the department may issue a
permit under this subchapter, the applicant shall file with the
department a bond in an amount set by the department, payable to
the department, and conditioned that the applicant will pay to
the department any damage that might be sustained to the highway
because of the operation of the equipment for which a permit is
issued.
(b) Venue of a suit for recovery on the bond is in Travis
County.
(c) This section applies to the delivery of farm equipment to a
farm equipment dealer. This section does not apply to:
(1) the driving or transporting of farm equipment that is being
used for an agricultural purpose and is driven or transported by
or under the authority of the owner of the equipment; or
(2) a vehicle or equipment operated by a motor carrier
registered under Chapter 643 or Chapter 645.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.141(a), eff.
Sept. 1, 1997.
Sec. 623.076. PERMIT FEE. (a) An application for a permit
under this subchapter must be accompanied by a permit fee of:
(1) $60 for a single-trip permit;
(2) $120 for a permit that is valid for a period not exceeding
30 days;
(3) $180 for a permit that is valid for a period of 31 days or
more but not exceeding 60 days;
(4) $240 for a permit that is valid for a period of 61 days or
more but not exceeding 90 days; or
(5) $270 for a permit issued under Section 623.071(c)(1) or (2).
(a-1) The following amounts collected under Subsection (a) shall
be deposited to the general revenue fund and the remainder
deposited to the credit of the state highway fund:
Amount of Fee
$60 (single-trip permit)
$30
$120 (30-day permit)
$60
$180
$90
$240
$120
$270
$135
(b) The Texas Transportation Commission may adopt rules for the
payment of a fee under Subsection (a). The rules may:
(1) authorize the use of electronic funds transfer;
(2) authorize the use of a credit card issued by:
(A) a financial institution chartered by a state or the United
States; or
(B) a nationally recognized credit organization approved by the
Texas Transportation Commission; and
(3) require the payment of a discount or service charge for a
credit card payment in addition to the fee prescribed by
Subsection (a).
(c) An application for a permit under Section 623.071(c)(3) or
(d) must be accompanied by the permit fee established by the
commission for the permit, not to exceed $7,000. Of each fee
collected under this subsection, the department shall send:
(1) the first $1,000 to the comptroller for deposit to the
credit of the general revenue fund; and
(2) any amount in excess of $1,000 to the comptroller for
deposit to the credit of the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 515, Sec. 5, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 568, Sec. 3, eff. June 2, 1997;
Acts 1999, 76th Leg., ch. 807, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 5, eff. September 1, 2007.
Sec. 623.077. HIGHWAY MAINTENANCE FEE. (a) An applicant for a
permit under this subchapter, other than a permit under Section
623.071(c)(3), must also pay a highway maintenance fee in an
amount determined according to the following table:
Vehicle Weight in Pounds
Fee
80,001 to 120,000
$150
120,001 to 160,000
$225
160,001 to 200,000
$300
200,001 and above
$375
(b) The department shall send each fee collected under
Subsection (a) to the comptroller for deposit to the credit of
the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 568, Sec. 4, eff. June 2,
1997; Acts 1997, 75th Leg., ch. 1423, Sec. 18.16, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 6, eff. September 1, 2007.
Sec. 623.078. VEHICLE SUPERVISION FEE. (a) Each applicant for
a permit under this subchapter for a vehicle that is heavier than
200,000 pounds must also pay a vehicle supervision fee in an
amount determined by the department and designed to recover the
direct cost of providing safe transportation of the vehicle over
the state highway system, including the cost of:
(1) bridge structural analysis;
(2) the monitoring of the trip process; and
(3) moving traffic control devices.
(b) The department shall send each fee collected under
Subsection (a) to the comptroller for deposit to the credit of
the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 18.17, eff. Sept.
1, 1997.
Sec. 623.079. REGISTRATION OF EQUIPMENT. A permit under this
subchapter may be issued only if the equipment to be operated
under the permit is registered under Chapter 502 for maximum
gross weight applicable to the vehicle under Section 621.101 that
is not heavier than 80,000 pounds overall gross weight.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.080. CONTENTS OF PERMIT. (a) Except as provided by
Subsection (b), a permit under this subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the director of the department or of a
division engineer;
(4) a statement of the kind of equipment to be transported over
the highway, the weight and dimensions of the equipment, and the
kind and weight of each commodity to be transported; and
(5) a statement of any condition on which the permit is issued.
(b) A permit issued under Section 623.071(a) or (b) must also
state:
(1) each highway over which the equipment is to be transported,
if the permit is for a single trip; or
(2) the region or area, as required by rule, over which the
equipment is to be operated, if the permit is for other than a
single trip.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 515, Sec. 6, eff. Sept. 1, 1997.
Sec. 623.081. PERMIT ISSUED BY TELEPHONE. (a) The department
shall provide for issuing a permit by telephone for the operation
of an overweight or oversize motor vehicle over a state highway.
(b) The department shall issue a permit under this section for a
period and at the rate provided by Section 623.076(a).
(c) An applicant for a permit under this section must provide by
telephone to the department:
(1) the information required for a permit issued under Section
623.071(a) or (b), other than the applicant's signature; and
(2) the account number of a credit card approved by the
department.
(d) On granting a permit under this section, the agent shall:
(1) issue to the applicant an approval number; and
(2) provide to the applicant the agent's name, designation, and
office address.
(e) After receiving an approval number, the applicant shall
prepare, on a form provided by the department, a permit with the
information provided to the agent under Subsection (c) and the
information received under Subsection (d).
(f) The applicant shall keep the permit in the vehicle for which
the permit was issued until the day after the date the permit
expires.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 515, Sec. 7, eff. Sept. 1, 1997.
Sec. 623.082. PENALTIES. (a) A person commits an offense if
the person violates this subchapter.
(b) Except as provided by Subsection (c), an offense under this
section is a misdemeanor punishable:
(1) by a fine of not more than $200;
(2) on conviction within one year after the date of a prior
conviction under this section that was punishable under
Subdivision (1), by a fine of not more than $500, by confinement
in the county jail for not more than 60 days, or by both the fine
and the confinement; or
(3) on conviction within one year after the date of a prior
conviction under this section that was punishable under
Subdivision (2) or this subdivision, by a fine of not more than
$1,000, by confinement in the county jail for not more than six
months, or by both the fine and the confinement.
(c) A corporation is not subject to confinement for an offense
under this section, but two times the maximum fine provided for
in the applicable subdivision of Subsection (b) may be imposed
against the corporation.
(d) The judge shall report a conviction under this section to
the Department of Public Safety. The Department of Public Safety
shall keep a record of each conviction.
(e) If a corporation does not pay a fine assessed under this
section, the district or county attorney for the county in which
the conviction was obtained may file suit to collect the fine.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER E. MANUFACTURED AND INDUSTRIALIZED HOUSING
Sec. 623.091. DEFINITION. In this subchapter, "manufactured
house" means "industrialized building" as defined by Chapter
1202, Occupations Code, "industrialized housing" as defined by
Chapter 1202, Occupations Code, or "manufactured home" as defined
by Chapter 1201, Occupations Code. The term includes a temporary
chassis system or returnable undercarriage used for the
transportation of a manufactured house and a transportable
section of a manufactured house that is transported on a chassis
system or returnable undercarriage and that is constructed so
that it cannot, without dismantling or destruction, be
transported within the legal size limits for a motor vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.836, eff.
Sept. 1, 2003.
Sec. 623.092. PERMIT REQUIREMENT. (a) A manufactured house in
excess of legal size limits for a motor vehicle may not be moved
over a highway, road, or street in this state except in
accordance with a permit issued by the department.
(b) A county or municipality may not require a permit, bond,
fee, or license, in addition to that required by state law, for
the movement of a manufactured house.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.093. CONTENTS OF APPLICATION AND PERMIT. (a) The
application for a permit and the permit must be in the form
prescribed by the department. The permit must show:
(1) the length, width, and height of the manufactured house and
the towing vehicle in combination;
(2) the complete identification or serial number, the Department
of Housing and Urban Development label number, or the state seal
number of the house;
(3) the name of the owner of the house;
(4) the location from which the house is being transported;
(5) the location to which the house is being transported; and
(6) the route for the transportation of the house.
(b) The length of the manufactured house and the towing vehicle
in combination includes the length of the hitch or towing device.
The height is measured from the roadbed to the highest elevation
of the manufactured house. The width of the house or section
includes any roof or eave extension or overhang on either side.
(c) The route must be the shortest distance from the place where
the transportation begins in this state to the place where the
transportation ends in this state and include divided and
interstate systems, except where construction is in progress or
bridge or overpass width or height creates a safety hazard. A
county or municipality may designate to the department the route
to be used inside the territory of the county or municipality.
(d) Repealed by Acts 2005, 79th Leg., Ch. 1284, Sec. 34(3), eff.
June 18, 2005.
(e) Each quarter the department shall send a copy of each permit
for the transportation of a manufactured house that begins or
ends in this state, or provide the essential information in the
permit, to the chief appraiser of the appraisal district in each
county in which the transportation begins or ends.
(f) If an application for a permit to move a manufactured house
is accompanied by a copy of a writ of possession issued by a
court of competent jurisdiction, the applicant is not required to
submit the written statement from the chief appraiser set forth
in Subsection (d).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.142(a), eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 791, Sec. 19, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(107), eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 988, Sec. 4, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.837, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1284, Sec. 34(3), eff. June 18, 2005.
Sec. 623.094. PERMIT ISSUANCE. (a) Except as authorized by
Section 623.095, the department may issue a permit only to:
(1) a person licensed by the Texas Department of Housing and
Community Affairs as a manufacturer, retailer, or installer; or
(2) motor carriers registered with the department.
(b) The license or registration number of the person to whom the
permit is issued shall be affixed to the rear of the manufactured
house during transportation and have letters and numbers that are
at least eight inches high.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.143(a), eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 791, Sec. 20, eff. Sept.
1, 1997.
Sec. 623.095. PERMIT TYPES. (a) The department may issue a
single-trip permit for the transportation of a manufactured house
to:
(1) the owner of a manufactured house if:
(A) the title to the manufactured house and the title to the
towing vehicle show that the owner of the manufactured house and
the owner of the towing vehicle are the same person; or
(B) a lease shows that the owner of the manufactured house and
the lessee of the towing vehicle are the same person;
(2) a person authorized to be issued permits by Section 623.094.
(b) A person or owner must have proof of the insurance coverage
required by Section 623.103.
(c) In lieu of a single-trip permit, the department may issue an
annual permit to any person authorized to be issued permits by
Section 623.094 for the transportation of new manufactured homes
from a manufacturing facility to a temporary storage location not
to exceed 20 miles from the point of manufacture. A copy of the
permit must be carried in the vehicle transporting a manufactured
home from the manufacturer to temporary storage. The department
may adopt rules concerning requirements for a permit issued under
this subsection.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.143(b), eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 791, Sec. 21, eff. Sept.
1, 1997.
Sec. 623.096. PERMIT FEE. (a) The department shall collect a
fee of $40 for each permit issued under this subchapter. Of each
fee, $19.70 shall be deposited to the credit of the general
revenue fund and the remainder deposited to the credit of the
state highway fund.
(b) The department shall adopt rules concerning fees for each
annual permit issued under Section 623.095(c) at a cost not to
exceed $3,000.
(c) The department may establish an escrow account for the
payment of permit fees.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.144(a), eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 791, Sec. 22, eff. Sept.
1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 7, eff. September 1, 2007.
Sec. 623.097. DURATION OF PERMIT. A permit is valid for a
five-day period.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.098. CAUTION LIGHTS. (a) A manufactured house that is
wider than 12 feet must have one rotating amber beacon of not
less than eight inches mounted at the rear of the manufactured
house on the roof or one flashing amber light mounted at each
rear corner of the manufactured house approximately six feet
above ground level. In addition, the towing vehicle must have one
rotating amber beacon of not less than eight inches mounted on
top of the cab.
(b) Each beacon shall be operated during a move under a permit
and while on a highway, road, or street in this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.145(a), eff.
Sept. 1, 1997.
Sec. 623.099. ESCORT FLAG VEHICLE. (a) A manufactured house
that is wider than 16 feet, but is not wider than 18 feet, must
have one escort flag vehicle that must:
(1) precede the house on a two-lane roadway; or
(2) follow the house on a roadway of four or more lanes.
(b) A manufactured house that is wider than 18 feet must be
preceded and followed by escort flag vehicles while moving over a
highway, road, or street in this state.
(c) An escort flag vehicle must have:
(1) on top of the vehicle and visible from the front and rear:
(A) two lights flashing simultaneously; or
(B) one rotating amber beacon of not less than eight inches;
(2) four red 16-inch square flags mounted on the four corners of
the vehicle so that one flag is on each corner; and
(3) signs that:
(A) are mounted on the front and rear of the vehicle; and
(B) have a yellow background and black letters at least eight
inches high stating "wide load."
(d) Two transportable sections of a multisection manufactured
house or two single-section manufactured houses towed in convoy
are considered one house for purposes of the escort flag vehicle
requirements of this section if the distance between the two does
not exceed 1,000 feet.
(e) The department shall publish and annually revise a map or
list of the bridges or overpasses that because of height or width
require an escort flag vehicle to stop oncoming traffic while a
manufactured house crosses the bridge or overpass.
(f) An escort flag vehicle may not be required under this
subchapter except as expressly provided by this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 487, Sec. 1, eff. Sept. 1,
1997.
Sec. 623.100. TIMES AND DAYS OF MOVEMENT. (a) Movement
authorized by a permit issued under this subchapter may be made
on any day, except a national holiday, but shall be made only
during daylight hours.
(b) The department may limit the hours for travel on certain
routes because of heavy traffic conditions.
(c) The department shall publish the limitation on movements
prescribed by this section and the limitations adopted under
Subsection (b) and shall make the publications available to the
public. Each limitation adopted by the department must be made
available to the public before it takes effect.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.101. SPEED LIMIT. (a) A manufactured house or house
trailer may not be towed in excess of the posted speed limit or
55 miles per hour, whichever is less.
(b) In this section, "house trailer" has the meaning assigned by
Section 541.201.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1020, Sec. 4, eff. Sept. 1,
1997.
Sec. 623.102. EQUIPMENT. (a) The brakes on a towing vehicle
and a manufactured house must be capable of stopping the vehicle
and house from an initial velocity of 20 miles per hour in not
more than 40 feet.
(b) Each manufactured house must be equipped with a wiring
harness during transportation over a roadway to provide on the
rear of the house:
(1) right-turn and left-turn signal lights;
(2) braking or stopping lights; and
(3) parking lights.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.103. LIABILITY INSURANCE. A vehicle towing a
manufactured house shall be covered by liability insurance of not
less than $300,000 combined single limit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.104. CIVIL AND CRIMINAL PENALTIES. (a) A person
commits an offense if the person violates this subchapter. An
offense under this subsection is a Class C misdemeanor, except as
provided by Subsection (d).
(b) A person convicted of an offense under Subsection (a) may
also be assessed a civil penalty of not less than $200 or more
than $500 for failure to:
(1) obtain a permit;
(2) have a required rotating amber beacon on the manufactured
house or towing vehicle;
(3) provide a required escort flag vehicle; or
(4) have the required insurance.
(c) The civil penalty:
(1) may be awarded by a court having jurisdiction over a Class C
misdemeanor; and
(2) shall be paid to the county in which the person was
convicted.
(d) Except as provided by Subsection (e), if the offense
involves the movement of a manufactured house over a highway,
road, or street in this state without a permit issued by the
department, the offense is a misdemeanor punishable by a fine of
$1,000.
(e) If it is shown on the trial of an offense punishable under
Subsection (d) that the defendant has previously been punished
under Subsection (d):
(1) one time, the offense is punishable by a fine of $2,000; or
(2) two or more times, the offense is punishable by a fine of
$4,000.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 988, Sec. 5, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 338, Sec. 48, eff. June 18, 2003.
Sec. 623.105. PENALTY FOR COMPENSATING CERTAIN UNLAWFUL ACTIONS.
(a) A person commits an offense if the person:
(1) provides compensation to another for the movement of a
manufactured home over a highway, road, or street in this state;
and
(2) knows the other person is not authorized by law to move the
home.
(b) An offense under this section is a misdemeanor punishable by
a fine of $1,000.
Added by Acts 2003, 78th Leg., ch. 338, Sec. 49, eff. June 18,
2003.
SUBCHAPTER F. PORTABLE BUILDING UNITS
Sec. 623.121. PERMIT TO MOVE PORTABLE BUILDING UNIT. (a) The
department may issue a permit to a person to operate equipment to
move over a state highway one or more portable building units
that in combination with the towing vehicle are in excess of the
length or width limitations provided by law but less than 80 feet
in length.
(b) The length limitation in this section does not apply to a
truck-tractor or truck-tractor combination towing or carrying the
portable building units.
(c) In this section, "portable building unit" means the
prefabricated structural and other components incorporated and
delivered by the manufacturer as a complete inspected unit with a
distinct serial number. The term includes a fully assembled
configuration, a partially assembled configuration, or a kit or
unassembled configuration, when loaded for transport.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.146(a), eff.
Sept. 1, 1997.
Sec. 623.122. DESIGNATED ROUTE IN MUNICIPALITY. (a) A
municipality having a state highway in its territory shall
designate to the department the route in the municipality to be
used by equipment described by Section 623.121 moving over the
state highway. The department shall show the designated route on
each map routing the equipment.
(b) If a municipality does not designate a route, the department
shall determine the route to be used by the equipment on the
state highway within the municipality.
(c) A municipality may not require a fee or license for movement
of a portable building unit on the route of a state highway
designated by the department or the municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.123. APPLICATION. The application for a permit under
Section 623.121 must:
(1) be in writing;
(2) state the make and model of the portable building unit or
units;
(3) state the length and width of the portable building unit or
units;
(4) state the make and model of the towing vehicle;
(5) state the length and width of the towing vehicle;
(6) state the length and width of the combined portable building
unit or units and towing vehicle;
(7) state each highway over which the portable building unit or
units are to be moved;
(8) indicate the point of origin and destination; and
(9) be dated and signed by the applicant.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.124. FEE. (a) An application for a permit must be
accompanied by a fee of $15.
(b) The department shall send each fee collected under this
section to the comptroller. Of each fee received from the
department, the comptroller shall deposit $7.50 to the credit of
the general revenue fund and $7.50 to the credit of the state
highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 8, eff. September 1, 2007.
Sec. 623.126. FORM OF PERMIT. (a) A permit issued under this
subchapter must:
(1) contain the name of the applicant;
(2) be dated and signed by the director of the department, a
division engineer, or a designated agent;
(3) state the make and model of the portable building unit or
units to be transported over the highways;
(4) state the make and model of the towing vehicle;
(5) state the combined length and width of the portable building
unit or units and towing vehicle; and
(6) state each highway over which the portable building unit or
units are to be moved.
(b) A permit is valid if it is substantially in the form
provided by this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.127. DURATION OF PERMIT. A permit issued under this
subchapter is effective for a 10-day period and valid only for a
single continuous movement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.128. TIME OF MOVEMENT. Movement authorized by a permit
issued under this subchapter shall be made only during daylight
hours.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.129. ESCORT FLAG VEHICLE. The escort flag vehicle
requirements provided by Section 623.099 apply to the movement of
portable building units and compatible cargo under this
subchapter as if such building units and cargo were a
manufactured house.
Added by Acts 1997, 75th Leg., ch. 487, Sec. 2, eff. Sept. 1,
1997.
Sec. 623.130. COMPATIBLE CARGO. (a) A permit issued under this
subchapter may authorize the movement of cargo, other than a
portable building unit, manufactured, assembled, or distributed
by a portable building unit manufacturer, as an authorized
distributor if:
(1) the movement is conducted by employees of the manufacturer
or by independent drivers and equipment under exclusive contract
to the manufacturer during the movement;
(2) the movement is to or from a location where the
manufacturer's building units may be legally stored, sold, or
delivered; and
(3) the cargo is compatible with the movement of portable
building units in that:
(A) the cargo does not cause the load to exceed applicable
height or weight limits; and
(B) the cargo is loaded to properly distribute weight, width,
and height to maximize safety and economy without exceeding size
or weight limits authorized for movement of portable building
units.
(b) If cargo moved under this section exceeds any width limit
that would apply to the cargo if it were moved in a manner not
governed by this section, the department shall collect an amount
equal to any fee that would apply to movement of the cargo if the
cargo were moved in a manner not governed by this section in
addition to the fee required under this subchapter.
Added by Acts 1997, 75th Leg., ch. 487, Sec. 2, eff. Sept. 1,
1997.
SUBCHAPTER G. OIL WELL SERVICING AND DRILLING MACHINERY
Sec. 623.141. OPTIONAL PROCEDURE. This subchapter provides an
optional procedure for the issuance of a permit for the movement
of oversize or overweight oil well servicing or oil well drilling
machinery and equipment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.142. PERMIT TO MOVE OIL WELL SERVICING OR DRILLING
MACHINERY. (a) The department may, on application, issue a
permit for the movement over a road or highway under the
jurisdiction of the department of a vehicle that:
(1) is a piece of fixed-load mobile machinery or equipment used
to service, clean out, or drill an oil well; and
(2) cannot comply with the restrictions set out in Subchapter C
of Chapter 621 and Section 621.101.
(b) The department may not issue a permit under this section
unless the vehicle may be moved without material damage to the
highway or serious inconvenience to highway traffic.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.143. DESIGNATED ROUTE IN MUNICIPALITY. (a) A
municipality having a state highway in its territory may
designate to the department the route in the municipality to be
used by a vehicle described by Section 623.142 operating over the
state highway. When the route is designated, the department shall
show the route on each map routing the vehicles.
(b) If a municipality does not designate a route, the department
shall determine the route to be used by a vehicle on a state
highway in the municipality.
(c) A municipality may not require a fee, permit, or license for
movement of vehicles on the route of a state highway designated
by the municipality or department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.144. REGISTRATION OF VEHICLE. A permit under this
subchapter may be issued only if the vehicle is registered under
Chapter 502 for the maximum gross weight applicable to the
vehicle under Section 621.101 or has the distinguishing license
plates as provided by Section 504.504 if applicable to the
vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
280, Sec. 5, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 9, eff. September 1, 2007.
Sec. 623.145. RULES; FORMS AND PROCEDURES; FEES. (a) The Texas
Transportation Commission by rule shall provide for the issuance
of permits under this subchapter. The rules must include each
matter the commission determines necessary to implement this
subchapter and:
(1) requirements for forms and procedures used in applying for a
permit;
(2) conditions with regard to route and time of movement;
(3) requirements for flags, flaggers, and warning devices;
(4) the fee for a permit; and
(5) standards to determine whether a permit is to be issued for
one trip only or for a period established by the commission.
(b) In adopting a rule or establishing a fee, the commission
shall consider and be guided by:
(1) the state's investment in its highway system;
(2) the safety and convenience of the general traveling public;
(3) the registration or license fee paid on the vehicle for
which the permit is requested;
(4) the fees paid by vehicles operating within legal limits;
(5) the suitability of roadways and subgrades on the various
classes of highways of the system;
(6) the variation in soil grade prevalent in the different
regions of the state;
(7) the seasonal effects on highway load capacity;
(8) the highway shoulder design and other highway geometrics;
(9) the load capacity of the highway bridges;
(10) administrative costs;
(11) added wear on highways; and
(12) compensation for inconvenience and necessary delays to
highway users.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.146. VIOLATION OF RULE. A permit under this subchapter
is void on the failure of an owner or the owner's representative
to comply with a rule of the commission or with a condition
placed on the permit, and immediately on the violation, further
movement over the highway of an oversize or overweight vehicle
violates the law regulating the size or weight of a vehicle on a
public highway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.147. DEPOSIT OF FEE IN STATE HIGHWAY FUND. A fee
collected under this subchapter shall be deposited to the credit
of the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.148. LIABILITY FOR DAMAGE TO HIGHWAYS. (a) By issuing
a permit under this subchapter, the department does not guarantee
that a highway can safely accommodate the movement.
(b) The owner of a vehicle involved in the movement of an
oversize or overweight vehicle, even if a permit has been issued
for the movement, is strictly liable for any damage the movement
causes the highway system or any of its structures or
appurtenances.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.149. DETERMINATION WHETHER VEHICLE SUBJECT TO
REGISTRATION OR ELIGIBLE FOR DISTINGUISHING LICENSE PLATE. (a)
The department may establish criteria to determine whether oil
well servicing, oil well clean out, or oil well drilling
machinery or equipment is subject to registration under Chapter
502 or eligible for the distinguishing license plate provided by
Section 504.504.
(b) Notwithstanding Subsection (a), a vehicle authorized by the
department before August 22, 1963, to operate without
registration under Chapter 502 may not be required to register
under that chapter.
(c) In this section, "oil well servicing, oil well clean out, or
oil well drilling machinery or equipment" means a vehicle
constructed as a machine used solely for servicing, cleaning out,
or drilling an oil well and consisting in general of a mast, an
engine for power, a draw works, and a chassis permanently
constructed or assembled for one or more of those purposes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
280, Sec. 6, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 10, eff. September 1, 2007.
Sec. 623.150. NONAPPLICABILITY OF SUBCHAPTER. This subchapter
does not apply to a person issued a registration certificate
under Chapter 643, even if not all the operations of the person
are performed under that certificate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.147, eff. Sept.
1, 1997.
SUBCHAPTER H. VEHICLES TRANSPORTING SOLID WASTE
Sec. 623.161. DEFINITION. In this subchapter, "solid waste" has
the meaning assigned by Chapter 361, Health and Safety Code,
except that it does not include hazardous waste.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.162. AXLE WEIGHT RESTRICTIONS. A single vehicle used
exclusively to transport solid waste may be operated on a public
highway of this state only if the tandem axle weight is not
heavier than 44,000 pounds, the single axle weight is not heavier
than 21,000 pounds, and the gross weight is not heavier than
64,000 pounds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 941, Sec. 42, eff. Sept. 1,
2001.
Sec. 623.163. SURETY BOND. (a) The owner of a vehicle used
exclusively to transport solid waste with a tandem axle load
heavier than 34,000 pounds shall before operating the vehicle on
a public highway of this state file with the department a surety
bond subject to the approval of the department in the principal
amount set by the department not to exceed $15,000 for each
vehicle.
(b) The bond must be conditioned that the owner of the vehicle
will pay to the state and to any municipality in which the
vehicle is operated on a municipal street, within the limit of
the bond, any damages to a highway or municipal street caused by
the operation of the vehicle.
(c) This section does not apply to a vehicle owned by a
municipality.
(d) A copy of the bond shall be:
(1) carried on the vehicle when the vehicle is on a public
highway; and
(2) presented to an officer authorized to enforce this chapter
on request of the officer.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 942, Sec. 8, eff. Sept. 1,
2001.
Sec. 623.164. INTERSTATE AND DEFENSE HIGHWAYS. (a) This
subchapter does not authorize the operation on the national
system of interstate and defense highways in this state of a
vehicle of a size or weight greater than that authorized by 23
U.S.C. Section 127, as amended.
(b) If the United States authorizes the operation on the
national system of interstate and defense highways of a vehicle
of a size or weight greater than that authorized on January 1,
1983, the new limit automatically takes effect on the national
system of interstate and defense highways in this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.165. PENALTY. A person commits an offense if the
person fails in violation of Section 623.163(d) to carry or
present the copy of the bond filed with the department. An
offense under this section is a misdemeanor punishable by a fine
not to exceed $200.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 942, Sec. 9, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1276, Sec. 16.004, eff. Sept. 1,
2003.
Sec. 623.166. DEFENSE TO PROSECUTION: BOND IN EFFECT. (a) It
is a defense to prosecution under Section 623.165 that the person
charged produces a surety bond that complies with Section 623.163
that was valid at the time the offense is alleged to have
occurred.
(b) If the court verifies the bond produced by the person, the
court shall dismiss the charge.
Added by Acts 2001, 77th Leg., ch. 942, Sec. 10, eff. Sept. 1,
2001.
SUBCHAPTER I. UNLADEN LIFT EQUIPMENT MOTOR VEHICLES; ANNUAL
PERMIT
Sec. 623.181. ANNUAL PERMIT. (a) The department may issue an
annual permit for the movement over a highway or road of this
state of an unladen lift equipment motor vehicle that because of
its design for use as lift equipment exceeds the maximum weight
or width limitations prescribed by statute.
(b) The department may issue a permit on receipt of an
application for the permit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.182. PERMIT FEE. (a) The fee for a permit under this
subchapter is $100.
(b) The department shall send each fee collected under this
subchapter to the comptroller. Of each fee received from the
department, the comptroller shall deposit $50 to the credit of
the general revenue fund and $50 to the credit of the state
highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 11, eff. September 1, 2007.
SUBCHAPTER J. UNLADEN LIFT EQUIPMENT MOTOR VEHICLES; TRIP PERMITS
Sec. 623.191. OPTIONAL PROCEDURE. This subchapter provides an
optional procedure for the issuance of a permit for the movement
of an unladen lift equipment motor vehicle that because of its
design for use as lift equipment exceeds the maximum weight and
width limitations prescribed by statute.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.192. PERMIT TO MOVE UNLADEN LIFT EQUIPMENT MOTOR
VEHICLES. (a) The department may, on application, issue a
permit to a person to move over a road or highway under the
jurisdiction of the department an unladen lift equipment motor
vehicle that cannot comply with the restrictions set out in
Subchapter C of Chapter 621 and 621.101.
(b) The department may not issue a permit under this section
unless the vehicle may be moved without material damage to the
highway or serious inconvenience to highway traffic.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.193. DESIGNATED ROUTE IN MUNICIPALITY. (a) A
municipality having a state highway in its territory may
designate to the department the route in the municipality to be
used by a vehicle described by Section 623.192 operating over the
state highway. The department shall show the designated route on
each map routing the vehicle.
(b) If a municipality does not designate a route, the department
shall determine the route of the vehicle on each state highway in
the municipality.
(c) A municipality may not require a fee, permit, or license for
movement of the vehicles on the route of a state highway
designated by the municipality or department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.194. REGISTRATION OF VEHICLE. A permit under this
subchapter may be issued only if the vehicle to be moved is
registered under Chapter 502 for the maximum gross weight
applicable to the vehicle under Section 621.101 or has the
distinguishing license plates as provided by Section 504.504 if
applicable to the vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
280, Sec. 7, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 12, eff. September 1, 2007.
Sec. 623.195. RULES; FORMS AND PROCEDURES; FEES. (a) The Texas
Transportation Commission by rule shall provide for the issuance
of a permit under this subchapter. The rules must include each
matter the commission determines necessary to implement this
subchapter and:
(1) requirements for forms and procedures used in applying for a
permit;
(2) conditions with regard to route and time of movement;
(3) requirements for flags, flaggers, and warning devices;
(4) the fee for a permit; and
(5) standards to determine whether a permit is to be issued for
one trip only or for a period established by the commission.
(b) In adopting a rule or establishing a fee, the commission
shall consider and be guided by:
(1) the state's investment in its highway system;
(2) the safety and convenience of the general traveling public;
(3) the registration or license fee paid on the vehicle for
which the permit is requested;
(4) the fees paid by vehicles operating within legal limits;
(5) the suitability of roadways and subgrades on the various
classes of highways of the system;
(6) the variation in soil grade prevalent in the different
regions of the state;
(7) the seasonal effects on highway load capacity;
(8) the highway shoulder design and other highway geometrics;
(9) the load capacity of highway bridges;
(10) administrative costs;
(11) added wear on highways; and
(12) compensation for inconvenience and necessary delays to
highway users.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.196. VIOLATION OF RULE. A permit under this subchapter
is void on the failure of an owner or the owner's representative
to comply with a rule of the commission or with a condition
placed on the permit, and immediately on the violation, further
movement over a highway of an oversize or overweight vehicle
violates the law regulating the size or weight of a vehicle on a
public highway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.197. DEPOSIT OF FEE IN STATE HIGHWAY FUND. A fee
collected under this subchapter shall be deposited to the credit
of the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.198. LIABILITY FOR DAMAGE TO HIGHWAYS. (a) By issuing
a permit under this subchapter, the department does not guarantee
that a highway can safely accommodate the movement.
(b) The owner of a vehicle involved in the movement of an
oversize or overweight vehicle, even if a permit has been issued
for the movement, is strictly liable for any damage the movement
causes the highway system or any of its structures or
appurtenances.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 623.199. DETERMINATION WHETHER VEHICLE SUBJECT TO
REGISTRATION OR ELIGIBLE FOR DISTINGUISHING LICENSE PLATE. (a)
The department may establish criteria to determine whether an
unladen lift equipment motor vehicle that because of its design
for use as lift equipment exceeds the maximum weight and width
limitations prescribed by statute is subject to registration
under Chapter 502 or eligible for the distinguishing license
plate provided by Section 504.504.
(b) Notwithstanding Subsection (a), a vehicle authorized by the
department before June 11, 1985, to operate without registration
under Chapter 502 may not be required to register under that
chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
280, Sec. 8, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 13, eff. September 1, 2007.
Sec. 623.200. NONAPPLICABILITY OF SUBCHAPTER. This subchapter
does not apply to a person issued a registration certificate
under Chapter 643, even if not all the operations of the person
are performed under that certificate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.147, eff. Sept.
1, 1997.
SUBCHAPTER K. PORT AUTHORITY PERMITS
Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides an
optional procedure for the issuance of a permit for the movement
of oversize or overweight vehicles carrying cargo on state
highways located in counties contiguous to the Gulf of Mexico or
a bay or inlet opening into the gulf and bordering the United
Mexican States.
Added by Acts 1997, 75th Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1997.
Sec. 623.211. DEFINITION. In this subchapter, "port authority"
means a port authority created or operating under Section 52,
Article III, or Section 59, Article XVI, Texas Constitution.
Added by Acts 1997, 75th Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1997.
Sec. 623.212. PERMITS BY PORT AUTHORITY. The department may
authorize a port authority to issue permits for the movement of
oversize or overweight vehicles carrying cargo on state highways
located in counties contiguous to the Gulf of Mexico or a bay or
inlet opening into the gulf and bordering the United Mexican
States.
Added by Acts 1997, 75th Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1997.
Sec. 623.214. PERMIT FEES. (a) A port authority may collect a
fee for permits issued under this subchapter. Such fees shall not
exceed $80 per trip.
(b) Fees collected under Subsection (a), less administrative
costs, shall be used solely to provide funds for the maintenance
and improvement of state highways subject to this subchapter.
The administrative costs, which may not exceed 15 percent of the
fees collected, may be retained by the port authority. The fees,
less administrative costs, shall be deposited in the State
Highway Fund.
Added by Acts 1997, 75th Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 624, Sec. 1, eff. June
18, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
61, Sec. 1.01, eff. May 19, 2009.
Sec. 623.215. PERMIT REQUIREMENTS. (a) A permit issued under
this subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the director of the port authority;
(4) a statement of the kind of cargo being transported under the
permit, the maximum weight and dimensions of the equipment, and
the kind and weight of each commodity to be transported provided
the gross weight of such equipment and commodities shall not
exceed 125,000 pounds;
(5) a statement of any condition on which the permit is issued;
(6) a statement of the route designated under Section 623.219;
(7) the name of the driver of the vehicle in which the cargo is
to be transported; and
(8) the location where the cargo was loaded.
(b) A port authority shall report to the department all permits
issued under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 624, Sec. 2, eff. June
18, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
61, Sec. 1.02, eff. May 19, 2009.
Sec. 623.216. TIME OF MOVEMENT. A permit issued under this
subchapter shall specify the time in which movement authorized by
the permit is allowed.
Added by Acts 1997, 75th Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1997.
Sec. 623.217. SPEED LIMIT. Movement authorized by a permit
issued under this subchapter shall not exceed the posted speed
limit or 55 miles per hour, whichever is less. Violation of this
provision shall constitute a moving violation.
Added by Acts 1997, 75th Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1997.
Sec. 623.218. ENFORCEMENT. The Department of Public Safety
shall have authority to enforce the provisions of this
subchapter.
Added by Acts 1997, 75th Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1997.
Sec. 623.219. ROUTE DESIGNATION. (a) The commission shall,
with the consent of the port authority, designate the most direct
route from the Gateway International Bridge or the Veterans
International Bridge at Los Tomates to the entrance of the Port
of Brownsville using State Highways 48 and 4 or United States
Highways 77 and 83 or using United States Highway 77 and United
States Highway 83, East Loop Corridor, and State Highway 4.
(b) If the commission designates a route or changes the route
designated under this section, the commission shall notify the
port authority of the route not later than the 60th day before
the date that the designation takes effect.
Added by Acts 1997, 75th Leg., ch. 1194, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 624, Sec. 3, eff. June
18, 1999; Acts 2003, 78th Leg., ch. 976, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
411, Sec. 1, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch.
61, Sec. 1.03, eff. May 19, 2009.
SUBCHAPTER L. VICTORIA COUNTY NAVIGATION DISTRICT PERMITS
Sec. 623.230. OPTIONAL PROCEDURE. This subchapter provides an
optional procedure for the issuance of a permit by the Victoria
County Navigation District for the movement of oversize or
overweight vehicles carrying cargo on state highways located in
Victoria County.
Added by Acts 2003, 78th Leg., ch. 786, Sec. 1, eff. Sept. 1,
2003.
Sec. 623.231. DEFINITION. In this subchapter, "district" means
the Victoria County Navigation District.
Added by Acts 2003, 78th Leg., ch. 786, Sec. 1, eff. Sept. 1,
2003.
Sec. 623.232. ISSUANCE OF PERMITS. The Texas Transportation
Commission may authorize the district to issue permits for the
movement of oversize or overweight vehicles carrying cargo on
state highways located in Victoria County.
Added by Acts 2003, 78th Leg., ch. 786, Sec. 1, eff. Sept. 1,
2003.
Sec. 623.233. MAINTENANCE CONTRACTS. The district shall make
payments to the department to provide funds for the maintenance
of state highways subject to this subchapter.
Added by Acts 2003, 78th Leg., ch. 786, Sec. 1, eff. Sept. 1,
2003.
Sec. 623.234. PERMIT FEES. (a) The district may collect a fee
for permits issued under this subchapter. The fees shall not
exceed $80 per trip.
(b) Fees collected under Subsection (a) shall be used solely to
provide funds for the payments provided for under Section 623.233
less administrative costs, which shall not exceed 15 percent of
the fees collected. The fees shall be deposited in the state
highway fund. Fees deposited in the state highway fund under this
section are exempt from the application of Section 403.095,
Government Code.
Added by Acts 2003, 78th Leg., ch. 786, Sec. 1, eff. Sept. 1,
2003.
Sec. 623.235. PERMIT REQUIREMENTS. (a) A permit issued under
this subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the director of the district;
(4) a statement of the kind of cargo being transported over
Farm-to-Market Road 1432 to and from the Victoria Barge Canal and
up to but not past the intersection with State Highway 185, the
maximum weight and dimensions of the equipment, and the kind and
weight of each commodity to be transported, provided that the
gross weight of such equipment and commodities shall not exceed
125,000 pounds;
(5) a statement of any condition on which the permit is issued;
(6) a statement that the cargo shall only be transported to and
from the Victoria Barge Canal using Farm-to-Market Road 1432 and
may not be transported over State Highway 185;
(7) the name of the driver of the vehicle in which the cargo is
to be transported; and
(8) the location where the cargo was loaded.
(b) The district shall report to the department all permits
issued under this subchapter.
Added by Acts 2003, 78th Leg., ch. 786, Sec. 1, eff. Sept. 1,
2003.
Sec. 623.236. TIME OF MOVEMENT. A permit issued under this
subchapter shall specify the time in which movement authorized by
the permit is allowed.
Added by Acts 2003, 78th Leg., ch. 786, Sec. 1, eff. Sept. 1,
2003.
Sec. 623.237. SPEED LIMIT. Movement authorized by a permit
issued under this subchapter shall not exceed the posted speed
limit or 55 miles per hour, whichever is less. Violation of this
provision shall constitute a moving violation.
Added by Acts 2003, 78th Leg., ch. 786, Sec. 1, eff. Sept. 1,
2003.
Sec. 623.238. ENFORCEMENT. The Department of Public Safety
shall have authority to enforce the provisions of this
subchapter.
Added by Acts 2003, 78th Leg., ch. 786, Sec. 1, eff. Sept. 1,
2003.
Sec. 623.239. RULES. The Texas Transportation Commission may
adopt rules necessary to implement this subchapter.
Added by Acts 2003, 78th Leg., ch. 786, Sec. 1, eff. Sept. 1,
2003.
SUBCHAPTER M. CHAMBERS COUNTY PERMITS
Sec. 623.250. OPTIONAL PROCEDURE. This subchapter provides an
optional procedure for the issuance of a permit by Chambers
County for the movement of oversize or overweight vehicles
carrying cargo on certain state highways located in Chambers
County.
Added by Acts 2005, 79th Leg., Ch.
538, Sec. 1, eff. June 17, 2005.
Sec. 623.251. DEFINITION. In this subchapter, "county" means
Chambers County.
Added by Acts 2005, 79th Leg., Ch.
538, Sec. 1, eff. June 17, 2005.
Sec. 623.252. ISSUANCE OF PERMITS. (a) The Texas
Transportation Commission may authorize the county to issue
permits for the movement of oversize or overweight vehicles
carrying cargo on state highways located in Chambers County.
(b) A permit issued under this subchapter may authorize:
(1) the transport of cargo only on the following roads in
Chambers County:
(A) Farm-to-Market Road 1405 between its intersection with
Farm-to-Market Road 2354 and its intersection with Farm-to-Market
Road 565;
(B) the frontage road of State Highway 99 located in the Cedar
Crossing Business Park;
(C) Farm-to-Market Road 565 from its intersection with
Farm-to-Market Road 1405 east approximately 6,200 linear feet to
the western edge of the 10-foot pipeline easement recorded at
volume 351, page 760, of the Chambers County deed records; and
(D) Farm-to-Market Road 2354 from its intersection with
Farm-to-Market Road 1405 northwest approximately 300 linear feet
to the termination of the state-maintained portion of the road;
and
(2) the movement of equipment and commodities weighing 100,000
pounds or less.
Added by Acts 2005, 79th Leg., Ch.
538, Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1053, Sec. 1, eff. June 19, 2009.
Sec. 623.253. MAINTENANCE CONTRACTS. The county shall make
payments to the department to provide funds for the maintenance
of state highways subject to this subchapter.
Added by Acts 2005, 79th Leg., Ch.
538, Sec. 1, eff. June 17, 2005.
Sec. 623.254. PERMIT FEES. (a) The county may collect a fee
for permits issued under this subchapter. The fee may not exceed
$80 per trip.
(b) Fees collected under Subsection (a) may be used only to
provide funds for the payments under Section 623.253 and for the
county's administrative costs, which may not exceed 15 percent of
the fees collected. The fees shall be deposited in the state
highway fund. Fees deposited in the state highway fund under
this section are exempt from the application of Section 403.095,
Government Code.
Added by Acts 2005, 79th Leg., Ch.
538, Sec. 1, eff. June 17, 2005.
Sec. 623.255. PERMIT REQUIREMENTS. (a) A permit issued under
this subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the designated agent for the county;
(4) a statement of the kind of cargo being transported, the
maximum weight and dimensions of the equipment, and the kind and
weight of each commodity to be transported;
(5) a statement of any condition on which the permit is issued;
(6) a statement that the cargo may be transported in Chambers
County only over the roads described by Section 623.252(b)(1);
and
(7) the location where the cargo was loaded.
(b) The county shall report to the department all permits issued
under this subchapter.
Added by Acts 2005, 79th Leg., Ch.
538, Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1053, Sec. 2, eff. June 19, 2009.
Sec. 623.256. TIME OF MOVEMENT. A permit issued under this
subchapter must specify the time during which movement authorized
by the permit is allowed.
Added by Acts 2005, 79th Leg., Ch.
538, Sec. 1, eff. June 17, 2005.
Sec. 623.257. SPEED LIMIT. Movement authorized by a permit
issued under this subchapter may not exceed the posted speed
limit or 55 miles per hour, whichever is less. A violation of
this provision constitutes a moving violation.
Added by Acts 2005, 79th Leg., Ch.
538, Sec. 1, eff. June 17, 2005.
Sec. 623.258. ENFORCEMENT. The Department of Public Safety has
authority to enforce this subchapter.
Added by Acts 2005, 79th Leg., Ch.
538, Sec. 1, eff. June 17, 2005.
Sec. 623.259. RULES. The Texas Transportation Commission may
adopt rules necessary to implement this subchapter.
Added by Acts 2005, 79th Leg., Ch.
538, Sec. 1, eff. June 17, 2005.
SUBCHAPTER N. ADMINISTRATIVE SANCTIONS
Sec. 623.271. ADMINISTRATIVE ENFORCEMENT. (a) The department
may investigate and, except as provided by Subsection (f), may
impose an administrative penalty or revoke an oversize or
overweight permit issued under this chapter if the person or the
holder of the permit, as applicable:
(1) provides false information on the permit application or
another form required by the department for the issuance of an
oversize or overweight permit;
(2) violates this chapter, Chapter 621, or Chapter 622;
(3) violates a rule or order adopted under this chapter, Chapter
621, or Chapter 622; or
(4) fails to obtain an oversize or overweight permit if a permit
is required.
(b) The notice and hearing requirements of Section 643.2525
apply to the imposition of an administrative penalty or the
revocation of a permit under this section as if the action were
being taken under that section.
(c) It is an affirmative defense to administrative enforcement
under this section that the person or holder of the permit relied
on the shipper's certificate of weight.
(d) The amount of an administrative penalty imposed under this
section is calculated in the same manner as the amount of an
administrative penalty imposed under Section 643.251.
(e) A person who has been ordered to pay an administrative
penalty under this section and the vehicle that is the subject of
the enforcement order may not be issued a permit under this
chapter until the amount of the penalty has been paid to the
department.
(f) This subsection applies only to a vehicle or combination
that is used to transport agricultural products or timber
products from the place of production to the place of first
marketing or first processing. In connection with a violation of
a vehicle or combination weight restriction or limitation in this
chapter, Chapter 621, or Chapter 622, the department may not
impose an administrative penalty against a person or the holder
of an overweight permit if the weight of the vehicle or
combination involved in the violation did not exceed the
allowable weight by more than three percent.
Added by Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 15, eff. September 1, 2007.
Sec. 623.272. ADMINISTRATIVE PENALTY FOR FALSE INFORMATION ON
CERTIFICATE. (a) The department may investigate and impose an
administrative penalty on a shipper who provides false
information on a shipper's certificate of weight that the shipper
delivers to a person transporting a shipment.
(b) The notice and hearing requirements of Section 643.2525
apply to the imposition of an administrative penalty under this
section as if the action were being taken under that section.
(c) The amount of an administrative penalty imposed under this
section is calculated in the same manner as the amount of an
administrative penalty imposed under Section 643.251.
Added by Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 15, eff. September 1, 2007.
Sec. 623.273. INJUNCTIVE RELIEF. (a) The attorney general, at
the request of the department, may petition a district court for
appropriate injunctive relief to prevent or abate a violation of
this chapter or a rule or order adopted under this chapter.
(b) Venue in a suit for injunctive relief under this section is
in Travis County.
(c) On application for injunctive relief and a finding that a
person is violating or has violated this chapter or a rule or
order adopted under this chapter, the court shall grant the
appropriate relief without bond.
(d) The attorney general and the department may recover
reasonable expenses incurred in obtaining injunctive relief under
this section, including court costs, reasonable attorney's fees,
investigative costs, witness fees, and deposition expenses.
Added by Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 15, eff. September 1, 2007.
Sec. 623.274. SHIPPER'S CERTIFICATE OF WEIGHT. (a) The
department shall prescribe a form to be used for a shipper's
certificate of weight. The form must provide space for the
maximum weight of the shipment being transported.
(b) For a shipper's certificate of weight to be valid, the
shipper must:
(1) certify that the information contained on the form is
accurate; and
(2) deliver the certificate to the motor carrier or other person
transporting the shipment before the motor carrier or other
person applies for an overweight permit under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
1396, Sec. 15, eff. September 1, 2007.
SUBCHAPTER O. PORT OF CORPUS CHRISTI AUTHORITY ROADWAY PERMITS
Sec. 623.280. OPTIONAL PROCEDURE. This subchapter provides an
optional procedure for the issuance of a permit by the Port of
Corpus Christi Authority for the movement of oversize or
overweight vehicles carrying cargo on a roadway owned and
maintained by the Port of Corpus Christi Authority that is
located in San Patricio County or Nueces County.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.281. DEFINITION. In this subchapter, "port authority"
means the Port of Corpus Christi Authority.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.282. ISSUANCE OF PERMITS. The port authority may issue
permits for the movement of oversize or overweight vehicles
carrying cargo on a roadway owned and maintained by the port
authority that is located in San Patricio County or Nueces
County. A permit issued under this subchapter is in addition to
other permits required by law.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.283. PERMIT FEES. (a) The port authority may collect
a fee for permits issued under this subchapter. The fees may not
exceed $80 per trip.
(b) Fees collected under Subsection (a) shall be used solely for
the construction and maintenance of port authority roadways.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.284. PERMIT REQUIREMENTS. A permit issued under this
subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the manager of transportation of the port
authority;
(4) a statement of the kind of cargo being transported, the
maximum weight and dimensions of the equipment, and the kind and
weight of each commodity to be transported;
(5) a statement of any condition on which the permit is issued;
(6) a statement that the cargo may only be transported on
roadways that are owned and maintained by the port authority and
located in San Patricio County or Nueces County; and
(7) the location where the cargo was loaded.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.285. TIME OF MOVEMENT. A permit issued under this
subchapter must specify the time in which movement authorized by
the permit is allowed.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.286. SPEED LIMIT. Movement authorized by a permit
issued under this subchapter may not exceed the posted speed
limit or 55 miles per hour, whichever is less. Violation of this
provision shall constitute a moving violation.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.287. ENFORCEMENT. The Department of Public Safety
shall have authority to enforce the provisions of this
subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.288. RULES. The Texas Transportation Commission may
adopt rules necessary to implement this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
SUBCHAPTER P. PORT OF CORPUS CHRISTI AUTHORITY SPECIAL FREIGHT
CORRIDOR PERMITS
Sec. 623.301. OPTIONAL PROCEDURE. This subchapter provides an
optional procedure for the issuance of a permit by the Port of
Corpus Christi Authority for the movement of oversize or
overweight vehicles carrying cargo on a state highway special
freight corridor located in San Patricio County.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.302. DEFINITIONS. In this subchapter:
(1) "Port authority" means the Port of Corpus Christi Authority;
and
(2) "Special freight corridor" means a highway built by this
state specifically for the movement of oversize or overweight
vehicles carrying cargo in San Patricio County to and from the
port authority's La Quinta terminal.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.303. ISSUANCE OF PERMITS. The Texas Transportation
Commission may authorize the port authority to issue permits for
the movement of oversize or overweight vehicles carrying cargo on
state highway special freight corridors located in San Patricio
County. The port authority may issue a permit under this
subchapter only if the cargo being transported weighs 125,000
pounds or less.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.304. MAINTENANCE CONTRACTS. The port authority shall
make payments to the department to provide funds for the
maintenance of state highways subject to this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.305. PERMIT FEES. (a) The port authority may collect
a fee for permits issued under this subchapter. The fees may not
exceed $80 per trip.
(b) Fees collected under Subsection (a) shall be used solely to
provide funds for the payments provided for under Section 623.304
and for the port authority's administrative costs, which may not
exceed 15 percent of the fees collected. The fees shall be
deposited in the state highway fund. Fees deposited in the state
highway fund under this section are exempt from the application
of Section 403.095, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.306. PERMIT REQUIREMENTS. (a) A permit issued under
this subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the manager of transportation of the port
authority;
(4) a statement of the kind of cargo being transported, the
maximum weight and dimensions of the equipment, and the kind and
weight of each commodity to be transported;
(5) a statement of any condition on which the permit is issued;
(6) a statement that the cargo may only be transported to and
from the port authority's La Quinta terminal in San Patricio
County using a state highway special freight corridor in San
Patricio County; and
(7) the location where the cargo was loaded.
(b) The port authority shall report to the department all
permits issued under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.307. TIME OF MOVEMENT. A permit issued under this
subchapter must specify the time in which movement authorized by
the permit is allowed.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.308. SPEED LIMIT. Movement authorized by a permit
issued under this subchapter may not exceed the posted speed
limit or 55 miles per hour, whichever is less. Violation of this
provision shall constitute a moving violation.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.309. ENFORCEMENT. The Department of Public Safety may
enforce the provisions of this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
Sec. 623.310. RULES. The Texas Transportation Commission may
adopt rules necessary to implement this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
812, Sec. 1, eff. September 1, 2009.
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