2005 Texas Transportation Code CHAPTER 622. SPECIAL PROVISIONS AND EXCEPTIONS FOR OVERSIZE OR OVERWEIGHT VEHICLES

TRANSPORTATION CODE

CHAPTER 622. SPECIAL PROVISIONS AND EXCEPTIONS FOR OVERSIZE OR 
OVERWEIGHT VEHICLES

SUBCHAPTER A. GENERAL PROVISIONS


	§ 622.001. DEFINITION.  In this chapter, "department" 
means the Texas Department of Transportation.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER B. VEHICLES TRANSPORTING READY-MIXED CONCRETE


	§ 622.011. DEFINITION;  DESIGNATION AS PERISHABLE.  (a) 
In this subchapter, "ready-mixed concrete truck" means:
		(1)  a vehicle designed exclusively to transport or 
manufacture ready-mixed concrete and includes a vehicle designed 
exclusively to transport and manufacture ready-mixed concrete;  or
		(2)  a concrete pump truck.                                                   
	(b)  Ready-mixed concrete is a perishable product.                             

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.134(a), eff. Sept. 1, 
1997.


	§ 622.012. AXLE WEIGHT RESTRICTIONS.  (a) A ready-mixed 
concrete truck may be operated on a public highway of this state 
only if the tandem axle weight is not heavier than 46,000 pounds and 
the single axle weight is not heavier than 23,000 pounds.
	(b)  A truck may be operated at a weight that exceeds the 
maximum single axle or tandem axle weight limitation by not more 
than 10 percent if the gross weight is not heavier than 69,000 
pounds.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.135, eff. Sept. 1, 1997;  
Acts 2001, 77th Leg., ch. 941, § 29, eff. Sept. 1, 2001.


	§ 622.013. SURETY BOND.  (a) The owner of a ready-mixed 
concrete truck with a tandem axle weight 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 truck.
	(b)  The bond must be conditioned that the owner of the truck 
will pay to the state, within the limit of the bond, any damage to a 
highway caused by the operation of the truck.
	(c)  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, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 941, § 30, eff. Sept. 1, 2001;  Acts 
2001, 77th Leg., ch. 942, § 1, eff. Sept. 1, 2001.


	§ 622.014. LOCAL REGULATION.  (a) The governing body of a 
county or municipality that determines a public highway under its 
jurisdiction is insufficient to carry a load authorized by Section 
622.012 may prescribe, by order or ordinance, rules governing the 
operation of a ready-mixed concrete truck over a public highway 
maintained by the county or municipality.
	(b)  The rules may include weight limitations on a truck 
with:               
		(1)  a tandem axle weight that is heavier than 36,000 
pounds;               
		(2)  a single axle weight that is heavier than 12,000 
pounds;  or           
		(3)  a gross weight that is heavier than 48,000 pounds.                       

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 941, § 31, eff. Sept. 1, 2001.


	§ 622.015. LOCAL SURETY BOND.  The governing body of a 
county or municipality may require the owner of a ready-mixed 
concrete truck to file a surety bond in an amount not to exceed 
$15,000 and conditioned that the owner of the truck will pay to the 
county or municipality any damage to a highway caused by the 
operation of the truck with a tandem axle weight that is heavier 
than 34,000 pounds.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 941, § 32, eff. Sept. 1, 2001.


	§ 622.016. 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, 1977, the 
new limit automatically takes effect on the national system of 
interstate and defense highways in this state.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 622.017. PENALTIES.  (a) Repealed by Acts 2001, 77th 
Leg., ch. 941, § 44, eff. Sept. 1, 2001.
	(b)  Except as provided by Subsections (c) and (d), 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)  Repealed by Acts 2001, 77th Leg., ch.941, § 44, eff. 
Sept. 1, 2001.  
	(d)  A person commits an offense if the person fails in 
violation of Section 622.013(c) to carry or present the copy of the 
bond filed with the department.  An offense under this subsection is 
a misdemeanor punishable by a fine not to exceed $200.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 942, § 2, eff. Sept. 1, 2001.


	§ 622.018. DEFENSE TO PROSECUTION:  BOND IN EFFECT.  (a) 
It is a defense to prosecution under Section 622.017 that the person 
charged produces a surety bond that complies with Section 622.013 
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, § 3, eff. Sept. 1, 2001.           

SUBCHAPTER C. VEHICLES TRANSPORTING MILK


	§ 622.031. LENGTH AND AXLE WEIGHT RESTRICTIONS.  A 
vehicle used exclusively to transport milk may be operated on a 
public highway of this state only if:
		(1)  the distance between the front wheel of the 
forward tandem axle and the rear wheel of the rear tandem axle, 
measured longitudinally, is 28 feet or more;  and
		(2)  the weight carried on any group of axles is not 
heavier than 68,000 pounds.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 941, § 33, eff. Sept. 1, 2001.


	§ 622.032. 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 by 23 U.S.C. Section 127 
on August 29, 1977, the new limit takes effect on the national 
system of interstate and defense highways in this state.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER D. VEHICLES TRANSPORTING TIMBER OR TIMBER PRODUCTS


	§ 622.041. LENGTH LIMITATION.  (a) A person may operate 
over a highway or road of this state a vehicle or combination of 
vehicles that is used exclusively for transporting poles, piling, 
or unrefined timber from the point of origin of the timber (the 
forest where the timber is felled) to a wood processing mill if:
		(1)  the vehicle, or combination of vehicles, is not 
longer than 90 feet, including the load;  and
		(2)  the distance from the point of origin to the 
destination or delivery point does not exceed 125 miles.
	(b)  Subsection (a)(1) does not apply to a truck-tractor or 
truck-tractor combination transporting poles, piling, or unrefined 
timber.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 941, § 34, eff. Sept. 1, 2001.


	§ 622.042. TIME OF OPERATION;  DISPLAY OF FLAG, CLOTH, OR 
STROBE LIGHT.  (a) A vehicle subject to this subchapter may be 
operated only during daytime.
	(b)  In this section, "daytime" has the meaning assigned by 
Section 541.401. 
	(c)  A red flag or cloth not less than 12 inches square or a 
strobe light must be displayed at the rear of the load carried on 
the vehicle so that the light or the entire area of the flag or cloth 
is visible to the driver of a vehicle approaching from the rear.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.134(b), eff. Sept. 1, 
1997;  Acts 1999, 76th Leg., ch. 749, § 1, eff. Sept. 1, 1999.


	§ 622.043. CONFORMITY WITH GENERAL PROVISIONS RELATING TO 
VEHICLE SIZE AND WEIGHT.  The width, height, and gross weight of a 
vehicle or combination of vehicles subject to this subchapter shall 
conform to Chapter 621.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 622.0435. VEHICLES TRANSPORTING RAW WOOD PRODUCTS.  (a) 
The width, height, and gross weight of a vehicle or combination of 
vehicles subject to this subchapter that is transporting raw wood 
products shall conform to Chapters 621 and 623, except that a 
vehicle or combination of vehicles transporting raw wood products 
that has an outer bridge of 39 feet or more may have a maximum gross 
weight of 80,000 pounds.
	(b)  Notwithstanding any other provision of law, Subsection 
(a) does not authorize the operation of a vehicle or combination of 
vehicles subject to this subchapter that is transporting raw wood 
products on a bridge with a load limitation at a weight that exceeds 
that limitation.

Added by Acts 1997, 75th Leg., ch. 1106, § 1, eff. Sept. 1, 1997.  
Amended by Acts 2001, 77th Leg., ch. 941, § 35, eff. Sept. 1, 
2001.


	§ 622.044. EXTENSION OF LOAD BEYOND REAR OF 
VEHICLE.  Section 621.206(a) does not apply to a vehicle to which 
this subchapter applies to the extent that section prescribes a 
limit on the extension of the load beyond the rear of the vehicle.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 622.045. 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 those permitted under 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 those permitted under 23 U.S.C. Section 
127 on August 29, 1997, the new limit automatically takes effect on 
the national system of interstate and defense highways in this 
state.

Added by Acts 2001, 77th Leg., ch. 941, § 36, eff. Sept. 1, 2001.          

SUBCHAPTER E. VEHICLES TRANSPORTING ELECTRIC POWER TRANSMISSION 
POLES


	§ 622.051. LENGTH LIMITATION;  FEE.  (a) A person may 
operate over a highway or road of this state a vehicle or 
combination of vehicles that is used exclusively for transporting 
poles required for the maintenance of electric power transmission 
and distribution lines if:
		(1)  the vehicle, or combination of vehicles, is not 
longer than 75 feet, including the load;  and
		(2)  the operator of the vehicle, or combination of 
vehicles, pays to the department $120 each calendar year.
	(b)  Subsection (a)(1) does not apply to a truck-tractor or 
truck-tractor combination transporting poles for the maintenance 
of electric power transmission or distribution lines.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 941, § 37, eff. Sept. 1, 2001.


	§ 622.052. TIME OF OPERATION;  SPEED;  LIGHTING 
REQUIREMENTS.  (a) A vehicle to which this subchapter applies may 
be operated only:
		(1)  between sunrise and sunset as defined by law;  and                       
		(2)  at a speed not to exceed 50 miles per hour.                              
	(b)  A vehicle to which this subchapter applies shall display 
on the extreme end of the load:
		(1)  two red lamps visible at a distance of at least 500 
feet from the rear;
		(2)  two red reflectors that indicate the maximum width 
and are visible, when light is insufficient or atmospheric 
conditions are unfavorable, at all distances from 100 to 600 feet 
from the rear when directly in front of lawful lower beams of 
headlamps;  and
		(3)  two red lamps, one on each side, that indicate the 
maximum overhang and are visible at a distance of at least 500 feet 
from the side.
	(c)  The limitation in Subsection (a)(1) does not apply to a 
vehicle being operated to prevent interruption or impairment of 
electric service or to restore electric service that has been 
interrupted.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1999, 76th Leg., ch. 749, § 2, 3, eff. Sept. 1, 1999.


	§ 622.053. CONFORMITY WITH GENERAL PROVISIONS RELATING TO 
VEHICLE SIZE AND WEIGHT.  The width, height, and gross weight of a 
vehicle or combination of vehicles to which this subchapter applies 
shall conform to Chapter 621.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER F. VEHICLES TRANSPORTING POLES OR PIPE


	§ 622.061. LENGTH LIMITATION.  (a) A person may operate 
over a highway or road of this state a vehicle or combination of 
vehicles exclusively for the transportation of poles or pipe if the 
vehicle or combination of vehicles is not longer than 65 feet, 
including the load.
	(b)  Subsection (a) does not apply to a truck-tractor or 
truck-tractor combination transporting poles or pipe.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 941, § 38, eff. Sept. 1, 2001.


	§ 622.062. TIME OF OPERATION;  LIGHTING 
REQUIREMENTS.  (a) A vehicle to which this subchapter applies may 
be operated only during daytime.
	(b)  A vehicle to which this subchapter applies shall display 
on the extreme end of the load:
		(1)  two red lamps visible at a distance of at least 500 
feet from the rear;
		(2)  two red reflectors that indicate the maximum width 
and are visible, when light is insufficient or atmospheric 
conditions are unfavorable, at all distances from 100 to 600 feet 
from the rear when directly in front of lawful lower beams of 
headlamps;  and
		(3)  two red lamps, one on each side, that indicate the 
maximum overhang and are visible at a distance of at least 500 feet 
from the side.
	(c)  In this section, "daytime" has the meaning assigned by 
Section 541.401. 

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.134(c), eff. Sept. 1, 
1997;  Acts 1997, 75th Leg., ch. 1106, § 2, eff. Sept. 1, 1997;  
Acts 1999, 76th Leg., ch. 749, § 4, 5, eff. Sept. 1, 1999.


	§ 622.063. CONFORMITY WITH GENERAL PROVISIONS RELATING TO 
VEHICLE SIZE AND WEIGHT.  A vehicle or combination of vehicles to 
which this subchapter applies shall conform to the length, width, 
height, and weight requirements of Chapter 621.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER G. SPECIAL MOBILE EQUIPMENT


	§ 622.071. DEFINITION.  In this subchapter, "special 
mobile equipment" has the meaning assigned by Section 541.201.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 622.072. IDENTIFICATION MARKINGS ON SPECIAL MOBILE 
EQUIPMENT;  OFFENSE.  (a) Before the 31st day after the date a 
person becomes the owner of a unit of special mobile equipment, the 
person shall mark in a conspicuous place on the main chassis the 
manufacturer's serial number, an operation identification number 
recognized by law enforcement agencies, or a company identification 
number in a manner that is visible from not less than 50 feet.
	(b)  A person commits an offense if the person:                                
		(1)  owns a unit of special mobile equipment;  and                            
		(2)  fails to mark the unit as provided by this section.                      
	(c)  An offense under this section is a misdemeanor 
punishable by a fine of not less than $10 or more than $100 for each 
unit.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 622.073. TRANSPORTATION OF SPECIAL MOBILE EQUIPMENT;  
OFFENSE.  (a) A person commits an offense if the person transports 
on a public road or highway a unit of special mobile equipment that 
is not marked as required by Section 622.072.
	(b)  Except as provided by Subsection (c), an offense under 
this section is a misdemeanor punishable by a fine of not less than 
$25 or more than $200.
	(c)  An offense under this section is a misdemeanor 
punishable by a fine of not less than $200 or more than $500, 
confinement in the county jail for a term of not less than 60 days or 
more than 180 days, or both the fine and the confinement if:
		(1)  the person committing the offense fails or refuses 
to exhibit, on demand of a peace officer, a document that contains:
			(A)  the name, address, and telephone number of 
the owner of the unit of special mobile equipment;
			(B)  the place of origin of the unit, including 
the address of and telephone number at that point and the date the 
unit was picked up;
			(C)  the destination of the unit, including the 
address or telephone number;
			(D)  a description of the unit being transported, 
including the manufacturer's serial number and other 
identification numbers;
			(E)  a description of the motor vehicle 
transporting the unit;  and        
			(F)  the name, address, and telephone number of 
the person operating the motor vehicle transporting the unit;
		(2)  the person committing the offense exhibits a false 
or forged document purporting to contain the information described 
by Subdivision (1);  or
		(3)  on inspection by the peace officer, the peace 
officer determines that the identification number of the unit of 
special mobile equipment has been removed, covered, or altered.
	(d)  For purposes of Subsection (c)(3), a peace officer has 
probable cause to inspect a unit of special mobile equipment to 
determine the identification numbers of the unit if:
		(1)  the person operating the motor vehicle 
transporting the unit fails or refuses to exhibit on demand a 
document described by Subsection (c)(1);  or
		(2)  the unit is not marked as required by Section 
622.072.                 

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 622.074. NONAPPLICABILITY OF SUBCHAPTER.  This 
subchapter does not apply to:
		(1)  farm equipment used for a purpose other than 
construction;             
		(2)  special mobile equipment owned by a dealer or 
distributor;             
		(3)  a vehicle used to propel special mobile equipment 
that is registered as a farm vehicle as defined by Section 502.163;  
or
		(4)  equipment while being used by a commercial hauler 
to transport special mobile equipment under hire of a person who 
derives $500 in gross receipts annually from a farming or ranching 
enterprise.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER I. VEHICLES TRANSPORTING CERTAIN AGRICULTURAL PRODUCTS 
OR EQUIPMENT


	§ 622.101. VEHICLE TRANSPORTING CERTAIN AGRICULTURAL 
PRODUCTS OR PROCESSING EQUIPMENT.  (a) A single motor vehicle used 
exclusively to transport chile pepper modules, seed cotton, cotton, 
cotton burrs, or equipment used to transport or process chile 
pepper modules or cotton, including a motor vehicle or burr 
spreader, may not be operated on a highway or road if the vehicle 
is:
		(1)  wider than 10 feet and the highway has not been 
designated by the commission under Section 621.202;
		(2)  longer than 48 feet;  or                                                 
		(3)  higher than 14 feet 6 inches.                                            
	(b)  A motor vehicle that transports agricultural products 
under this section must be registered under Section 504.505.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 848, § 2, eff. June 18, 1997;  Acts 
2005, 79th Leg., ch. 247, § 3, eff. Sept. 1, 2005.

SUBCHAPTER J. CERTAIN VEHICLES TRANSPORTING RECYCLABLE MATERIALS


	§ 622.131. DEFINITION.  In this subchapter, "recyclable 
material" has the meaning assigned by Section 361.421, Health and 
Safety Code.

Added by Acts 1997, 75th Leg., ch. 165, § 30.136(a), eff. Sept. 
1, 1997;  Acts 1997, 75th Leg., ch. 436, § 1, eff. July 15, 1997.


	§ 622.132. APPLICABILITY OF SUBCHAPTER.  This subchapter 
applies only to a vehicle other than a tractor-trailer combination, 
only if equipped with a container roll-off unit or a front-end 
loader.

Added by Acts 1997, 75th Leg., ch. 165, § 30.136(a), eff. Sept. 
1, 1997;  Acts 1997, 75th Leg., ch. 436, § 1, eff. July 15, 1997.


	§ 622.133. AXLE WEIGHT RESTRICTIONS.  A single motor 
vehicle used exclusively to transport recyclable materials may be 
operated on a public highway only if the tandem axle weight is not 
heavier than 44,000 pounds, a single axle load is not heavier than 
21,000 pounds, and the gross load is not heavier than 64,000 pounds.

Added by Acts 1997, 75th Leg., ch. 165, § 30.136(a), eff. Sept. 
1, 1997;  Acts 1997, 75th Leg., ch. 436, § 1, eff. July 15, 1997.  
Amended by Acts 2001, 77th Leg., ch. 941, § 39, eff. Sept. 1, 
2001;  Acts 2001, 77th Leg., ch. 942, § 4, eff. Sept. 1, 2001.


	§ 622.134. SURETY BOND.  (a) Except as provided by 
Subsection (c), the owner of a vehicle covered by this subchapter 
with a tandem axle weight 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, within the limits of the bond, to the state any 
damage to a highway, to a county any damage to a county road, and to 
a municipality any damage to a municipal street caused by the 
operation of the vehicle.
	(c)  Subsection (a) does not apply to a vehicle owned by a 
municipality or a county.
	(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.

Added by Acts 1997, 75th Leg., ch. 165, § 30.136(a), eff. Sept. 
1, 1997;  Acts 1997, 75th Leg., ch. 436, § 1, eff. July 15, 1997.  
Amended by Acts 2001, 77th Leg., ch. 941, § 40, eff. Sept. 1, 
2001;  Acts 2001, 77th Leg., ch. 942, § 5, eff. Sept. 1, 2001.


	§ 622.135. 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 authorized in 23 U.S.C. Section 127, as 
amended.
	(b)  If the United States government authorizes the 
operation on the national system of interstate and defense highways 
of vehicles of a size or weight greater than those authorized on 
January 1, 1983, the new limit automatically takes effect on the 
national system of interstate and defense highways in this state.

Added by Acts 1997, 75th Leg., ch. 165, § 30.136(a), eff. Sept. 
1, 1997;  Acts 1997, 75th Leg., ch. 436, § 1, eff. July 15, 1997.


	§ 622.136. PENALTY.  A person commits an offense if the 
person fails in violation of Section 622.134(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.

Added by Acts 1997, 75th Leg., ch. 165, § 30.136(a), eff. Sept. 
1, 1997;  Acts 1997, 75th Leg., ch. 436, § 1, eff. July 15, 1997.  
Amended by Acts 2001, 77th Leg., ch. 942, § 6, eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 1276, § 16.004, eff. Sept. 1, 
2003.


	§ 622.137. DEFENSE TO PROSECUTION:  BOND IN EFFECT.  (a) 
It is a defense to prosecution under Section 622.136 that the person 
charged produces a surety bond that complies with Section 622.134 
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, § 7, eff. Sept. 1, 2001.           

SUBCHAPTER Y. MISCELLANEOUS SIZE EXCEPTIONS


	§ 622.901. WIDTH EXCEPTIONS.  The width limitation 
provided by Section 621.201 does not apply to:
		(1)  highway building or maintenance machinery that is 
traveling:           
			(A)  during daylight on a public highway other 
than a highway that is part of the national system of interstate and 
defense highways;  or
			(B)  for not more than 50 miles on a highway that 
is part of the national system of interstate and defense highways;
		(2)  a vehicle traveling during daylight on a public 
highway other than a highway that is part of the national system of 
interstate and defense highways or traveling for not more than 50 
miles on a highway that is part of the national system of interstate 
and defense highways if the vehicle is:
			(A)  a farm tractor or implement of husbandry;  or                           
			(B)  a vehicle on which a farm tractor or 
implement of husbandry, other than a tractor or implement being 
transported from one dealer to another, is being moved by the owner 
of the tractor or implement or by an agent or employee of the owner:
				(i)  to deliver the tractor or implement to a 
new owner;                  
				(ii)  to transport the tractor or implement 
to or from a mechanic for maintenance or repair;  or
				(iii)  in the course of an agricultural 
operation;                        
		(3)  machinery that is used solely for drilling water 
wells, including machinery that is a unit or a unit mounted on a 
conventional vehicle or chassis, and that is traveling:
			(A)  during daylight on a public highway other 
than a highway that is part of the national system of interstate and 
defense highways;  or
			(B)  for not more than 50 miles on a highway that 
is part of the national system of interstate and defense highways;
		(4)  a vehicle owned or operated by a public, private, 
or volunteer fire department;
		(5)  a vehicle registered under Section 502.164;  or                          
		(6)  a recreational vehicle to which Section 622.903 
applies.               

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2003, 78th Leg., ch. 491, § 1, eff. Sept. 1, 2003.


	§ 622.902. LENGTH EXCEPTIONS.  The length limitations 
provided by Sections 621.203 to 621.205 do not apply to:
		(1)  machinery used exclusively for drilling water 
wells, including machinery that is itself a unit or that is a unit 
mounted on a conventional vehicle or chassis;
		(2)  a vehicle owned or operated by a public, private, 
or volunteer fire department;
		(3)  a vehicle or combination of vehicles operated 
exclusively in the territory of a municipality or to a combination 
of vehicles operated by a municipality in a suburb adjoining the 
municipality in which the municipality has been using the equipment 
or similar equipment in connection with an established service to 
the suburb;
		(4)  a truck-tractor, truck-tractor combination, or 
truck-trailer combination exclusively transporting machinery, 
materials, and equipment used in the construction, operation, and 
maintenance of facilities, including pipelines, that are used for 
the discovery, production, and processing of natural gas or 
petroleum;
		(5)  a drive-away saddlemount vehicle transporter 
combination or a drive-away saddlemount with fullmount vehicle 
transporter combination, as defined by 23 C.F.R. Part 658 or its 
successor, if:
			(A)  the overall length of the combination is not 
longer than 75 feet;  and
			(B)  the combination does not have more than three 
saddlemounted vehicles if the combination does not include more 
than one fullmount vehicle;  
		(6)  the combination of a tow truck and another vehicle 
or vehicle combination if:
			(A)  the other vehicle or vehicle combination 
cannot be normally or safely driven or was abandoned on a highway;  
and
			(B)  the tow truck is towing the other vehicle or 
vehicle combination directly to the nearest authorized place of 
repair, terminal, or destination of unloading;  or
		(7)  a vehicle or combination of vehicles used to 
transport a combine that is used in farm custom harvesting 
operations on a farm if the overall length of the vehicle or 
combination is not longer than 75 feet.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.137(a), eff. Sept. 1, 
1997;  Acts 1997, 75th Leg., ch. 1144, § 1, eff. June 19, 1997.


	§ 622.903. WIDTH LIMITATION ON CERTAIN RECREATIONAL 
VEHICLES.  (a) In this section:
		(1)  "Appurtenance" includes an awning, a grab handle, 
lighting equipment, or a vent.  The term does not include a 
load-carrying device.
		(2)  "Recreational vehicle" has the meaning assigned by 
Section 522.004.    
	(b)  A recreational vehicle may exceed a width limitation 
established by Section 621.201 or 621.202 if the excess width is 
attributable to an appurtenance that extends six inches or less 
beyond a fender on one or both sides of the vehicle.

Added by Acts 2003, 78th Leg., ch. 491, § 1, eff. Sept. 1, 2003.           

SUBCHAPTER Z. MISCELLANEOUS WEIGHT EXCEPTIONS


	§ 622.952. FIRE DEPARTMENT VEHICLE.  (a) The weight 
limitations of Section 621.101 do not apply to a vehicle owned or 
operated by a public, private, or volunteer fire department.
	(b)  The weight of a fire department's vehicle may not be 
heavier than the manufacturer's gross vehicle weight capacity or 
axle design rating.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 622.953. VEHICLE TRANSPORTING SEED COTTON OR CHILE 
PEPPER MODULES.  (a) The weight limitations of Section 621.101 do 
not apply to a single motor vehicle used exclusively to transport 
chile pepper modules, seed cotton, or equipment, including a motor 
vehicle, used to transport or process chile pepper modules or seed 
cotton.
	(b)  The overall gross weight of a single motor vehicle used 
to transport seed cotton or equipment used to transport or process 
seed cotton may not be heavier than 59,400 pounds.
	(c)  The overall gross weight of a single motor vehicle used 
to transport chile pepper modules or equipment used to transport or 
process chile pepper modules may not be heavier than 54,000 pounds.
	(d)  The owner of a single motor vehicle to which this 
section applies that has a gross weight above the gross weight 
authorized by this section that is applicable to the vehicle is 
liable to the state, county, or municipality for any damage to a 
highway, street, road, or bridge caused by the weight of the load.
	(e)  A vehicle to which this section applies may not be 
operated on the national system of interstate and defense highways 
if the vehicle exceeds the maximum weight authorized by 23 U.S.C. 
Section 127, as amended.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 941, § 41, eff. Sept. 1, 2001;  Acts 
2005, 79th Leg., ch. 247, § 4, eff. Sept. 1, 2005.


	§ 622.954. TOW TRUCKS.  (a) A permit is not required to 
exceed the weight limitations of Section 621.101 by a combination 
of a tow truck and another vehicle or vehicle combination if:
		(1)  the nature of the service provided by the tow truck 
is needed to remove disabled, abandoned, or accident-damaged 
vehicles;  and
		(2)  the tow truck is towing the other vehicle or 
vehicle combination directly to the nearest authorized place of 
repair, terminal, or vehicle storage facility.
	(b)  This section does not authorize the operation on the 
national system of interstate and defense highways in this state of 
vehicles with a weight greater than authorized by federal law.

Added by Acts 2001, 77th Leg., ch. 135, § 1, eff. May 16, 2001.