HBA-MPM S.B. 545 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 545
By: Brown, J. E. "Buster"
Transportation
4/27/2001
Engrossed



BACKGROUND AND PURPOSE 

State law provides that a suit by a county to recover damages to a road or
highway caused by operating an overweight vehicle and transporting oversize
or overweight commodities is conducted in the county where the defendant
resides or has its principal place of business if the defendant is a
corporation or partnership, or the county where the damage occurred if the
defendant is a corporation or partnership that does not have a principal
place of business in Texas.  Senate Bill 545 removes the condition that a
defendant in such a case be a corporation or partnership without a
principal place of business in Texas for a county to file suit in its own
district court when damage to the county's roads occurs.  

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. 

ANALYSIS

Senate Bill 545 amends the Transportation Code to provide that venue for a
suit by a county to recover damages to a road or highway caused by the
operation of an overweight vehicle transporting oversize or overweight
commodities is in the district court in the county in which the defendant
resides or has its principal place of business in this state or the county
in which the damage occurred. 

EFFECTIVE DATE

September 1, 2001.