HBA-ALS H.B. 2679 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2679
By: Sadler
Transportation
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

The operation of vehicles on highways is governed by the Uniform Act
Regulating Traffic on Highways.  Chapter 623 (Permits for Oversize or
Overweight Vehicles), Transportation Code, places limitations on the size
and weight of vehicles to be operated or moved on highways, as well as
limitations on loads that can be transported on the highways.  In 1985,
Rusk County began issuing carriers routing agreements at no charge, in an
effort to route them over roads that would cause the least amount of
damage.  Currently, several other counties are using a similar system.  The
routing agreements only indicate which carrier will be inside the county
lines and usually on the highway system.  In Section 251.160 (Liability of
Owner or Operator for Road Damage), Transportation Code, counties have the
authority to recover road damages.  However, the statute does not provide a
method by which the county can track and determine damages.  It is
difficult to pinpoint the guilty party who has inflicted damage, via
overweight trucks, on county roads, and counties are burdened with the cost
of road maintenance.  H.B. 2679 authorizes counties to issue road use
agreements for movement of oversized or overweight vehicles on county
roads, which makes the person liable for any damage to county road or
bridge caused by the vehicle.  The agreement provides information that
counties need to recoup damage inflicted on their county roads by
overweight trucks. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 623.018, Transportation Code, by amending
Subsection (d) and adding Subsections (f) and (g), as follows:  
 
(d) Deletes language prohibiting a commissioners court from requiring the
owner or operator of certain overweight vehicles to execute or comply with
a road use agreement or indemnity agreement if a vehicle has a permit
issued under Section 623.011 (Permit for Excess Axle or Gross Weight).
Makes nonsubstantive changes. 

(f)  Authorizes the commissioners court to require a road use or indemnity
agreement to be executed by the owner or operator of a vehicle for which a
permit is issued under this section or Section 623.011 or by a person who
contracts for transportation of property by a vehicle for which a permit is
issued under this section or Section 623.011.  

(g)  Authorizes an agreement under Subsection (f) to provide that the
person who contracts for transportation of property by a vehicle for which
a permit is issued under this section or Section 623.011 assumes the
liability for any damage caused by the vehicle to a county road or bridge.  

SECTION 2.  Effective date: September 1, 1999. 

SECTION 3.  Emergency clause.