HBA-MPA H.B. 3061 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3061
By: Hill
Transportation
44/4/4/18/1999
Committee Report (Amended)


BACKGROUND AND PURPOSE 

H.B. 3061 attempts to streamline the issuance of various permits
authorizing the operation of oversize and overweight vehicles and loads by:
exempting governmental entities from payment of fees for all size and
weight permits; removing the requirement for a windshield sticker for
weight tolerance permits; and removing the requirement that applications
for certain permits be dated and signed by the applicant. 

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 Subchapter E, Chapter 621, Transportation Code, by
adding Section 621.357, to prohibit the Texas Department of Transportation
(TxDOT) from charging a governmental entity a fee for a permit that
authorizes the operation of a vehicle and its load or a combination of
vehicles and loads exceeding size or weight limitations. 

SECTION 2.  Amends Section 623.011, Transportation Code, to delete the
requirement for TxDOT to design and issue a sticker to be placed on the
front windshield of the vehicle, and the provision that a person commits a
Class C misdemeanor for failing to display such a sticker.  Makes a
nonsubstantive change. 

SECTION 3. Amends Section 623.0112, Transportation Code, to make conforming
and nonsubstantive changes. 

SECTION 4.  Amends Section 623.074(b) and (d), Transportation Code, to
delete the requirement that an application for a permit to operate
superheavy and oversized equipment on a state highway be signed and dated
by the applicant.  Deletes provision requiring a digital signature to be
considered valid on an electronically submitted application, and defining
"digital signature. 

SECTION 5.  Amends Section 623.123, Transportation Code,  to delete the
requirement that an application for a permit to move portable building
units on a state highway be signed and dated by the applicant.  Makes a
nonsubstantive change. 

SECTION 6.Emergency clause.
  Effective date: upon passage. 

EXPLANATION OF AMENDMENTS

Amendment #1

Amends Subchapter Z, Chapter 622, Transportation Code, by adding Section
622.954, as follows: 

Sec. 622.954.  TOW TRUCKS.  Provides that a permit is not required to
exceed the weight limitations of Section 621.101 (Maximum Weight of Load),
Transportation Code, by a combination of a tow truck and another vehicle or
vehicle combination if: 
      (1) the other vehicle or vehicle combination cannot be normally or
safely driven or was abandoned on the highway; and 
 (2) the tow truck is towing the other vehicle or vehicle combination
directly to the nearest authorized place of repair, terminal, or
destination of unloading.  

The section of the bill in which this text is to be inserted is not
specified by the amendment.