88R8248 JRR-D     By: Birdwell S.B. No. 1894       A BILL TO BE ENTITLED   AN ACT   relating to the operation of vehicles transporting iron or steel   products; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 621.102(d), Transportation Code, is   amended to read as follows:          (d)  A vehicle operating under a permit issued under Section   623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,   623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.   2741), Acts of the 83rd Legislature, Regular Session, 2013,] may   operate under the conditions authorized by the permit over a road   for which the executive director of the Texas Department of   Transportation has set a maximum weight under this section.          SECTION 2.  Section 621.301(e), Transportation Code, is   amended to read as follows:          (e)  A vehicle operating under a permit issued under Section   623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,   623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.   2741), Acts of the 83rd Legislature, Regular Session, 2013,] may   operate under the conditions authorized by the permit over a road   for which the commissioners court has set a maximum weight under   this section.          SECTION 3.  Sections 623.012(a) and (b), Transportation   Code, are amended to read as follows:          (a)  An applicant for a permit under Section 623.011, other   than a permit under that section to operate a vehicle loaded with   timber or pulp wood, wood chips, cotton, or agricultural products   in their natural state, and an applicant for a permit under Section   623.321 or 623.451 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 counties   of this state;                (2)  be conditioned that the applicant will pay a   county for any damage to a road or bridge of the county caused by the   operation of the vehicle:                      (A)  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, [or] 623.321, or 623.451; or                      (B)  that is in violation of Section 623.323 or   623.453; and                (3)  provide that the issuer is to notify the county and   the applicant in writing promptly after a payment is made by the   issuer on the bond or letter of credit.          SECTION 4.  Chapter 623, Transportation Code, is amended by   adding Subchapter W to read as follows:   SUBCHAPTER W. VEHICLES TRANSPORTING IRON OR STEEL PRODUCTS          Sec. 623.451.  PERMIT. (a) The department may issue a   permit under this subchapter, as an alternative to a permit issued   under Section 623.011, authorizing a person to operate a vehicle or   combination of vehicles that is being used to transport indivisible   loads of iron or steel products, including scrap iron and steel and   iron and steel recycling material, in a county producing more than   100,000 tons annually of iron products, steel products, or a   combination of iron and steel products, as determined by the   department, at the weight limits prescribed by Subsection (b).          (b)  A person may operate over a road or highway a vehicle or   combination of vehicles issued a permit under this section at a   gross weight that is not heavier than 96,000 pounds, if the gross   load carried on any tandem axle of the vehicle or combination of   vehicles does not exceed 44,000 pounds.          (c)  Section 621.508 does not apply to a vehicle or   combination of vehicles operated under this section.          (d)  The department shall annually update the number of   counties described by Subsection (a).          Sec. 623.452.  QUALIFICATION; REQUIREMENTS. (a) To qualify   for a permit under this subchapter for a vehicle or combination of   vehicles, a person must:                (1)  pay a permit fee of $900;                (2)  designate in the permit application the counties   described by Section 623.451(a) in which the vehicle or combination   of vehicles will be operated; and                (3)  satisfy the security requirement of Section   623.012.          (b)  A permit issued under this subchapter:                (1)  is valid for one year; and                (2)  must be carried in the vehicle for which it is   issued.          Sec. 623.453.  NOTIFICATION. (a) For purposes of this   section, "financially responsible party" means the owner of the   vehicle or combination of vehicles, the party operating the vehicle   or combination of vehicles, or a person that hires, leases, rents,   or subcontracts the vehicle or combination of vehicles for use on a   road maintained by a county or a state highway.          (b)  Before a vehicle or combination of vehicles for which a   permit is issued under this subchapter may be operated on a road   maintained by a county or a state highway, the financially   responsible party shall execute a notification document and agree   to reimburse the county or the state, as applicable, for damage to a   road or highway sustained as a consequence of the transportation   authorized by the permit. At a minimum, the notification document   must include:                (1)  the name and address of the financially   responsible party;                (2)  a description of each permit issued for the   vehicle or combination of vehicles;                (3)  a description of the method of compliance by the   financially responsible party with Section 601.051, 623.012,   643.101, or 643.102;                (4)  the address or location of the geographic area in   which the financially responsible party wishes to operate a vehicle   or combination of vehicles and a designation of the specific route   of travel anticipated by the financially responsible party,   including the name or number of each road maintained by a county or   state highway;                (5)  a calendar or schedule of duration that includes   the days and hours of operation during which the financially   responsible party reasonably anticipates using the county road or   state highway identified in Subdivision (4); and                (6)  a list of each vehicle or combination of vehicles   by license plate number or other registration information, and a   description of the means by which financial responsibility is   established for each vehicle or combination of vehicles if each   vehicle or combination of vehicles is not covered by a single   insurance policy, surety bond, deposit, or other means of financial   assurance.          (c)  A financially responsible party shall electronically   file the notification document described by Subsection (b) with the   department under rules adopted by the department not later than the   second business day before the first business day listed by the   financially responsible party under Subsection (b)(5). The   department shall immediately send an electronic copy of the   notification document to each county identified in the notification   document and the Texas Department of Transportation and an   electronic receipt for the notification document to the financially   responsible party. Not later than the first business day listed by   the financially responsible party under Subsection (b)(5), a county   or the Texas Department of Transportation may inspect a road or   highway identified in the notification document. If an inspection   is conducted under this subsection, a county or the Texas   Department of Transportation shall:                (1)  document the condition of the roads or highways   and take photographs of the roads or highways as necessary to   establish a baseline for any subsequent assessment of damage   sustained by the financially responsible party's use of the roads   or highways; and                (2)  provide a copy of the documentation to the   financially responsible party.          (d)  If an inspection has been conducted under Subsection   (c), a county or the Texas Department of Transportation, as   applicable, shall, not later than the fifth business day after the   expiration of the calendar or schedule of duration described by   Subsection (b)(5):                (1)  conduct an inspection described by Subsection   (c)(1) to determine any damage sustained by the financially   responsible party's use of the roads or highways; and                (2)  provide a copy of the inspection documentation to   the financially responsible party.          (e)  The state or a county required to be notified under this   section may assert a claim against any security posted under   Section 623.012 or insurance filed under Section 643.103 for damage   to a road or highway sustained as a consequence of the   transportation authorized by the permit.          Sec. 623.454.  DISPOSITION OF FEE. Of the fee collected   under Section 623.452 for a permit:                (1)  50 percent of the amount collected shall be   deposited to the credit of the state highway fund; and                (2)  the other 50 percent shall be divided equally   among all counties designated in the permit application under   Section 623.452(a)(2).          Sec. 623.455.  TIME OF MOVEMENT. A permit issued under this   subchapter must specify the time during which movement authorized   by the permit is allowed.          Sec. 623.456.  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.          Sec. 623.457.  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.          (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 September 1, 2023, the new limit automatically takes effect   on the national system of interstate and defense highways in this   state.          SECTION 5.  This Act takes effect September 1, 2023.