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

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE E. VEHICLE SIZE AND WEIGHT

CHAPTER 622. SPECIAL PROVISIONS AND EXCEPTIONS FOR OVERSIZE OR

OVERWEIGHT VEHICLES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 622.001. DEFINITION. In this chapter, "department" means

the Texas Department of Transportation.

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

SUBCHAPTER B. VEHICLES TRANSPORTING READY-MIXED CONCRETE

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.134(a), eff.

Sept. 1, 1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.135, eff. Sept.

1, 1997; Acts 2001, 77th Leg., ch. 941, Sec. 29, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 941, Sec. 30, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 942, Sec. 1, eff. Sept. 1, 2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 941, Sec. 31, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 941, Sec. 32, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Without reference to the amendment of this section by Acts 2001,

77th Leg., ch. 942, Sec. 2, this section was repealed by Acts

2001, 77th Leg., ch. 941, Sec. 44 effective September 1, 2001.

Sec. 622.017. PENALTIES. (a) Repealed by Acts 2001, 77th Leg.,

ch. 941, Sec. 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, Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 942, Sec. 2, eff. Sept. 1,

2001.

Sec. 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, Sec. 3, eff. Sept. 1,

2001.

SUBCHAPTER C. VEHICLES TRANSPORTING MILK

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 941, Sec. 33, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. VEHICLES TRANSPORTING TIMBER OR TIMBER PRODUCTS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 941, Sec. 34, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.134(b), eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 749, Sec. 1, eff. Sept.

1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 941, Sec. 35, eff.

Sept. 1, 2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 36, eff. Sept. 1,

2001.

SUBCHAPTER E. VEHICLES TRANSPORTING ELECTRIC POWER TRANSMISSION

POLES

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 941, Sec. 37, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 749, Sec. 2, 3, eff. Sept.

1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER F. VEHICLES TRANSPORTING POLES OR PIPE

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 941, Sec. 38, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.134(c), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1106, Sec. 2, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 749, Sec. 4, 5, eff. Sept. 1,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER G. SPECIAL MOBILE EQUIPMENT

Sec. 622.071. DEFINITION. In this subchapter, "special mobile

equipment" has the meaning assigned by Section 541.201.

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

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER I. VEHICLES TRANSPORTING CERTAIN AGRICULTURAL PRODUCTS

OR EQUIPMENT

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 848, Sec. 2, eff. June 18,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

247, Sec. 3, eff. September 1, 2005.

SUBCHAPTER J. CERTAIN VEHICLES TRANSPORTING RECYCLABLE MATERIALS

Sec. 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, Sec. 30.136(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 436, Sec. 1, eff. July

15, 1997.

Sec. 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, Sec. 30.136(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 436, Sec. 1, eff. July

15, 1997.

Sec. 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, Sec. 30.136(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 436, Sec. 1, eff. July

15, 1997. Amended by Acts 2001, 77th Leg., ch. 941, Sec. 39, eff.

Sept. 1, 2001; Acts 2001, 77th Leg., ch. 942, Sec. 4, eff. Sept.

1, 2001.

Sec. 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, Sec. 30.136(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 436, Sec. 1, eff. July

15, 1997. Amended by Acts 2001, 77th Leg., ch. 941, Sec. 40, eff.

Sept. 1, 2001; Acts 2001, 77th Leg., ch. 942, Sec. 5, eff. Sept.

1, 2001.

Sec. 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, Sec. 30.136(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 436, Sec. 1, eff. July

15, 1997.

Without reference to the amendment of this section by Acts 2001,

77th Leg., ch. 942, Sec. 6, this section was repealed by Acts

2001, 77th Leg., ch. 941, Sec. 44 effective September 1, 2001.

Sec. 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, Sec. 30.136(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 436, Sec. 1, eff. July

15, 1997. Amended by Acts 2001, 77th Leg., ch. 942, Sec. 6, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 16.004, eff.

Sept. 1, 2003.

Sec. 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, Sec. 7, eff. Sept. 1,

2001.

SUBCHAPTER Y. MISCELLANEOUS SIZE EXCEPTIONS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 491, Sec. 1, eff. Sept. 1,

2003.

Sec. 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 97

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:

(A) 75 feet if the vehicle is traveling on a highway that is

part of the national system of interstate and defense highways or

the federal aid primary highway system; or

(B) 81-1/2 feet if the vehicle is not traveling on a highway

that is part of the national system of interstate and defense

highways or the federal aid primary highway system.

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.137(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1144, Sec. 1, eff. June

19, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

83, Sec. 1, eff. May 14, 2007.

Acts 2009, 81st Leg., R.S., Ch.

212, Sec. 1, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1,

2003.

SUBCHAPTER Z. MISCELLANEOUS WEIGHT EXCEPTIONS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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 64,000 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 941, Sec. 41, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

247, Sec. 4, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1396, Sec. 3, eff. September 1, 2007.

Sec. 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, Sec. 1, eff. May 16,

2001.