CHAPTER 623. PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLES - Texas Statutes

TRANSPORTATION CODETITLE 7. VEHICLES AND TRAFFICSUBTITLE E. VEHICLE SIZE AND WEIGHTCHAPTER 623. PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLESSUBCHAPTER A. GENERAL PROVISIONSSec. 623.001. DEFINITIONS. In this chapter:(1) "Department" means the Texas Department of Transportation.(2) "Shipper" means a person who consigns the movement of a shipment.(3) "Shipper's certificate of weight" means a document described by Section 623.274.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1396, Sec. 14, eff. September 1, 2007.

SUBCHAPTER B. GENERAL PERMITSSec. 623.011. PERMIT FOR EXCESS AXLE OR GROSS WEIGHT. (a) The department may issue a permit that authorizes the operation of a commercial motor vehicle, trailer, semitrailer, or combination of those vehicles, or a truck-tractor or combination of a truck-tractor and one or more other vehicles:(1) at an axle weight that is not heavier than the weight equal to the maximum allowable axle weight for the vehicle or combination plus a tolerance allowance of 10 percent of that allowable weight; and(2) at a gross weight that is not heavier than the weight equal to the maximum allowable gross weight for the vehicle or combination plus a tolerance allowance of five percent.(b) To qualify for a permit under this section:(1) the vehicle must be registered under Chapter 502 for the maximum gross weight applicable to the vehicle under Section 621.101, not to exceed 80,000 pounds;(2) the security requirement of Section 623.012 must be satisfied; and(3) a base permit fee of $75, any additional fee required by Section 623.0111, and any additional fee set by the department under Section 623.0112 must be paid.(c) A permit issued under this section:(1) is valid for one year; and(2) must be carried in the vehicle for which it is issued.(d) When the department issues a permit under this section, the department shall issue a sticker to be placed on the front windshield of the vehicle above the inspection certificate issued to the vehicle. The department shall design the form of the sticker to aid in the enforcement of weight limits for vehicles.(e) The sticker must:(1) indicate the expiration date of the permit; and(2) be removed from the vehicle when:(A) the permit for operation of the vehicle expires;(B) a lease of the vehicle expires; or(C) the vehicle is sold.(f) A person commits an offense if the person fails to display the sticker in the manner required by Subsection (d). An offense under this subsection is a Class C misdemeanor. Section 623.019(g) applies to an offense under this subsection.(g) A vehicle operating under a permit issued under this section may exceed the maximum allowable gross weight tolerance allowance by not more than five percent, regardless of the weight of any one axle or tandem axle, if no axle or tandem axle exceeds the tolerance permitted by Subsection (a).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(a), eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1227, Sec. 8, eff. Sept. 1, 2001.

Sec. 623.0111. ADDITIONAL FEE FOR OPERATION OF VEHICLE UNDER PERMIT. (a) When a person applies for a permit under Section 623.011, the person must:(1) designate in the application each county in which the vehicle will be operated; and(2) pay in addition to other fees an annual fee in an amount determined according to the following table:

Number of Counties Designated

Fee

1-5

$175

6-20

$250

21-40

$450

41-60

$625

61-80

$800

81-100

$900

101-254

$1,000

(b) A permit issued under Section 623.011 does not authorize the

operation of the vehicle in a county that is not designated in

the application.

(c) Of the fees collected under Subsection (a) the following

amounts shall be deposited to the general revenue fund and the

remainder shall be deposited to the credit of the state highway

fund:

Number of Counties Designated

Amount Allocated to General Revenue Fund

1-5

$125

6-20

$125

21-40

$345

41-60

$565

61-80

$785

81-100

$900

101-254

$1,000

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(b), eff.

Sept. 1, 1997.

Amended by:

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

1396, Sec. 4, eff. September 1, 2007.

Sec. 623.0112. ADDITIONAL ADMINISTRATIVE FEE. When a person

applies for a permit under Section 623.011, the person must pay

in addition to other fees an administrative fee adopted by

department rule in an amount not to exceed the direct and

indirect cost to the department of:

(1) issuing a sticker under Section 623.011(d);

(2) distributing fees under Section 621.353; and

(3) notifying counties under Section 623.013.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(b), eff.

Sept. 1, 1997.

Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided by

Subsection (b), a permit issued under Section 623.011 does not

authorize the operation of a vehicle on:

(1) the national system of interstate and defense highways in

this state if the weight of the vehicle is greater than

authorized by federal law; or

(2) a bridge for which a maximum weight and load limit has been

established and posted by the Texas Transportation Commission

under Section 621.102 or the commissioners court of a county

under Section 621.301, if the gross weight of the vehicle and

load or the axles and wheel loads are greater than the limits

established and posted under those sections.

(b) The restrictions under Subsection (a)(2) do not apply if a

bridge described by Subsection (a)(2) provides the only public

vehicular access from an origin or to a destination by a holder

of a permit issued under Section 623.011.

Added by Acts 2001, 77th Leg., ch. 1227, Sec. 9, eff. Sept. 1,

2001.

Sec. 623.012. SECURITY FOR PERMIT. (a) An applicant for a

permit under Section 623.011, other than a permit to operate a

vehicle loaded with timber or pulp wood, wood chips, cotton, or

agricultural products in their natural state, 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 department and

the counties of this state;

(2) be conditioned that the applicant will pay the department

for any damage to a state highway, and a county for any damage to

a road or bridge of the county, caused by the operation of the

vehicle 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; and

(3) provide that the issuer is to notify the department and the

applicant in writing promptly after a payment is made by the

issuer on the bond or letter of credit.

(c) If an issuer of a bond or letter of credit pays under the

bond or letter of credit, the permit holder shall file with the

department before the 31st day after the date on which the

payment is made:

(1) a replacement bond or letter of credit in the amount

prescribed by Subsection (b) for the original bond or letter of

credit; or

(2) a notification from the issuer of the existing bond or

letter of credit that the bond or letter of credit has been

restored to the amount prescribed by Subsection (b).

(d) If the filing is not made as required by Subsection (c),

each permit held by the permit holder under Section 623.011

automatically expires on the 31st day after the date on which the

payment is made on the bond or letter of credit.

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

Sec. 623.013. DEPARTMENT'S NOTICE TO COUNTY. (a) Not later

than the 14th day after the date the department issues a permit

under Section 623.011, the department shall notify the county

clerk of each county listed in the application for the permit.

The notice must include:

(1) the name and address of the person for whom a permit was

issued; and

(2) the vehicle identification number and license plate number

of the vehicle.

(b) The department shall send a copy of the permit and the bond

or letter of credit required for the permit with the notice

required by this section.

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(c), eff.

Sept. 1, 1997.

Sec. 623.014. TRANSFER OF PERMIT. (a) A permit issued under

Section 623.011 may not be transferred.

(b) If the vehicle for which a permit was issued is destroyed or

permanently inoperable, a person may apply to the department for

a credit for the remainder of the permit period.

(c) The department shall issue the prorated credit if the

person:

(1) pays the fee adopted by the department; and

(2) provides the department with:

(A) the original permit; or

(B) if the original permit does not exist, written evidence in a

form approved by the department that the vehicle has been

destroyed or is permanently inoperable.

(d) The fee adopted by the department under Subsection (c)(1)

may not exceed the cost of issuing the credit.

(e) A credit issued under Subsection (c) may be used only toward

the payment of a permit fee under this subchapter.

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(d), eff.

Sept. 1, 1997.

Sec. 623.015. LIABILITY FOR DAMAGE. (a) The liability of a

holder of a permit issued under Section 623.011 for damage to a

state road or highway or a county road is not limited to the

amount of the bond or letter of credit required for the issuance

of the permit.

(b) The holder of a permit issued under Section 623.011 who has

filed the bond or letter of credit required for the permit and

who has filed the notice required by Section 623.013 is liable to

the county only for the actual damage to a county road, bridge,

or culvert with a load limitation established under Subchapter B

of Chapter 621 or Section 621.301 caused by the operation of the

vehicle in excess of the limitation. If a county judge, county

commissioner, county road supervisor, or county traffic officer

requires the vehicle to travel over a designated route, it is

presumed that the designated route, including a bridge or culvert

on the route, is of sufficient strength and design to carry and

withstand the weight of the vehicle traveling over the designated

route.

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

Sec. 623.0155. INDEMNIFICATION FROM MOTOR CARRIER PROHIBITED.

(a) A person may not require indemnification from a motor

carrier as a condition to:

(1) the transportation of property for compensation or hire by

the carrier;

(2) entrance on property by the carrier for the purpose of

loading, unloading, or transporting property for compensation or

hire; or

(3) a service incidental to an activity described by Subdivision

(1) or (2), including storage of property.

(b) Subsection (a) does not apply to:

(1) a claim arising from damage or loss from a wrongful or

negligent act or omission of the carrier; or

(2) services or goods other than those described by Subsection

(a).

(c) In this section, "motor carrier" means a common carrier,

specialized carrier, or contract carrier that transports property

for hire. The term does not include a person who transports

property as an incidental activity of a nontransportation

business activity regardless of whether the person imposes a

separate charge for the transportation.

(d) A provision that is contrary to Subsection (a) is not

enforceable.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.139(a); Acts

1997, 75th Leg., ch. 1061, Sec. 19.

Sec. 623.016. RECOVERY ON PERMIT SECURITY. (a) The department

or a county may recover on the bond or letter of credit required

for a permit issued under Section 623.011 only by a suit against

the permit holder and the issuer of the bond or letter of credit.

(b) Venue for a suit by the department is in a district court

in:

(1) the county in which the defendant resides;

(2) the county in which the defendant has its principal place of

business in this state if the defendant is a corporation or

partnership; or

(3) Travis County if the defendant is a corporation or

partnership that does not have a principal place of business in

this state.

(c) Venue for a suit by a county is in district court in:

(1) the county in which the defendant resides;

(2) the county in which the defendant has its principal place of

business in this state; or

(3) the county in which the damage occurred.

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

Amended by Acts 2001, 77th Leg., ch. 455, Sec. 1, eff. Sept. 1,

2001.

Sec. 623.017. PERMIT FOR MOVEMENT OF CYLINDRICAL HAY BALES. (a)

The department may issue an annual permit to authorize the

movement of a vehicle that is used to carry cylindrical bales of

hay and that is wider than the maximum allowable vehicle width

but not wider than 12 feet.

(b) A $10 permit fee must accompany an application for a permit

under this section.

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

Sec. 623.018. COUNTY PERMIT. (a) The commissioners court of a

county, through the county judge, may issue a permit for:

(1) the transportation over highways of that county, other than

state highways and public roads in the territory of a

municipality, of an overweight, oversize, or overlength commodity

that cannot be reasonably dismantled; or

(2) the operation over a highway of that county other than a

state highway or public road in the territory of a municipality

of:

(A) superheavy or oversize equipment for the transportation of

an overweight, oversize, or overlength commodity that cannot be

reasonably dismantled; or

(B) vehicles or combinations of vehicles that exceed the weights

authorized under Subchapter B, Chapter 621, or Section 621.301.

(b) A permit under Subsection (a) may not be issued for longer

than 90 days.

(c) The commissioners court of a county, through the county

judge, may issue an annual permit to a dealer in implements of

husbandry to allow the dealer to use vehicles that exceed the

width limitations provided by this chapter to transport an

implement on a highway. The county judge may exercise authority

under this subsection independently of the commissioners court

until the commissioners court takes action on the request.

(d) If a vehicle has a permit issued under Section 623.011, a

commissioners court may not:

(1) issue a permit under this section or charge an additional

fee for or otherwise regulate or restrict the operation of the

vehicle because of weight; or

(2) require the owner or operator to execute or comply with a

road use agreement or indemnity agreement, to make a filing or

application, or to provide a bond or letter of credit other than

the bond or letter of credit prescribed by Section 623.012.

(e) The commissioners court may require a bond to be executed by

an applicant in an amount sufficient to guarantee the payment of

any damage to a road or bridge sustained as a consequence of the

transportation authorized by the permit.

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

Sec. 623.019. VIOLATIONS OF SUBCHAPTER; OFFENSES. (a) A person

who holds a permit issued under Section 623.011 commits an

offense if:

(1) the person:

(A) operates or directs the operation of the vehicle for which

the permit was issued on a public highway or road; and

(B) is criminally negligent with regard to the operation of the

vehicle at a weight heavier than the weight limit authorized by

Section 623.011; or

(2) the person operates or directs the operation of the vehicle

for which the permit was issued:

(A) in a county not designated in the person's application under

Section 623.0111; and

(B) at a weight heavier than a weight limit established under:

(i) Subchapter E, Chapter 251;

(ii) Chapter 621 or 622; or

(iii) this chapter.

(b) Except as provided by Subsections (c) and (d), an offense

under Subsection (a) is a misdemeanor punishable by a fine of not

less than $100 or more than $150.

(c) An offense under Subsection (a) is a misdemeanor and, except

as provided by Subsection (d), is punishable by a fine of:

(1) not less than $300 or more than $500 if the offense involves

a vehicle having a gross weight that is heavier than 5,000 but

not heavier than 10,000 pounds over the vehicle's allowable gross

weight; or

(2) not less than $500 or more than $1,000 if the offense

involves a vehicle having a gross weight that is at least 10,000

pounds heavier than the vehicle's allowable gross weight.

(d) On conviction before the first anniversary of the date of a

previous conviction under Subsection (a), an offense is

punishable by a fine in an amount that is twice the amount

specified by Subsection (c).

(e) A governmental entity collecting a fine under Subsection (c)

shall send an amount equal to 50 percent of the fine to the

comptroller.

(f) A justice of the peace has jurisdiction of any offense under

this section. A municipal court has jurisdiction of an offense

under this section in which the fine does not exceed $500.

(g) A justice or judge who renders a conviction under this

section shall report the conviction to the Department of Public

Safety. The Department of Public Safety shall keep a record of

each conviction reported under this subsection.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.139(c), eff.

Sept. 1, 1997.

SUBCHAPTER C. CONTRACTS FOR CROSSING ROADS

Sec. 623.051. CONTRACT ALLOWING OVERSIZE OR OVERWEIGHT VEHICLE

TO CROSS ROAD; SURETY BOND. (a) A person may operate a vehicle

that cannot comply with one or more of the restrictions of

Subchapter C of Chapter 621 or Section 621.101 to cross the width

of any road or highway under the jurisdiction of the department,

other than a controlled access highway as defined by Section

203.001, from private property to other private property if the

person contracts with the commission to indemnify the department

for the cost of maintenance and repair of the part of the highway

crossed by the vehicle.

(b) The commission shall adopt rules relating to the forms and

procedures to be used under this section and other matters that

the commission considers necessary to carry out this section.

(c) To protect the safety of the traveling public, minimize any

delays and inconveniences to the operators of vehicles in regular

operation, and assure payment for the added wear on the highways

in proportion to the reduction of service life, the commission,

in adopting rules under this section, shall consider:

(1) the safety and convenience of the general traveling public;

(2) the suitability of the roadway and subgrade on the road or

highway to be crossed, variation in soil grade prevalent in the

different regions of the state, and the seasonal effects on

highway load capacity, the highway shoulder design, and other

highway geometrics; and

(3) the state's investment in its highway system.

(d) Before exercising any right under a contract under this

section, a person must execute with a corporate surety authorized

to do business in this state a surety bond in an amount

determined by the commission to compensate for the cost of

maintenance and repairs as provided by this section. The bond

must be approved by the comptroller and the attorney general and

must be conditioned on the person fulfilling the obligations of

the contract.

(e) Repealed by Acts 1997, 75th Leg., ch. 165, Sec. 30.140, eff.

Sept. 1, 1997.

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.140, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 18.14, eff. Sept.

1, 1997.

Sec. 623.052. CONTRACT ALLOWING OVERWEIGHT VEHICLE WITH

COMMODITIES OR PRODUCTS TO CROSS HIGHWAY; SURETY BOND. (a) A

person may operate a vehicle that exceeds the overall gross

weight limits provided by Section 621.101 to cross the width of a

highway from private property to other private property if:

(1) the vehicle is transporting grain, sand, or another

commodity or product and the vehicle's overall gross weight is

not heavier than 110,000 pounds; or

(2) the vehicle is an unlicensed vehicle that is transporting

sand, gravel, stones, rock, caliche, or a similar commodity.

(b) Before a person may operate a vehicle under this section,

the person must:

(1) contract with the department to indemnify the department for

the cost of the maintenance and repair for damage caused by a

vehicle crossing that part of the highway; and

(2) execute an adequate surety bond to compensate for the cost

of maintenance and repair, approved by the comptroller and the

attorney general, with a corporate surety authorized to do

business in this state, conditioned on the person fulfilling each

obligation of the agreement.

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

Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 18.15, eff. Sept.

1, 1997.

SUBCHAPTER D. HEAVY EQUIPMENT

Sec. 623.071. PERMIT TO MOVE CERTAIN HEAVY EQUIPMENT. (a) The

department may issue a permit to a person to operate over a state

highway superheavy or oversize equipment that:

(1) is used to transport cylindrically shaped bales of hay or a

commodity that cannot reasonably be dismantled; and

(2) has a gross weight or size that exceeds the limits allowed

by law to be transported over a state highway.

(b) The department may issue a permit to a person to operate

over a farm-to-market or ranch-to-market road superheavy or

oversize equipment that:

(1) is used to transport oilfield drill pipe or drill collars

stored in a pipe box; and

(2) has a gross weight or size that exceeds the limits allowed

by law to be transported over a state highway.

(c) The department may issue an annual permit to allow the

operation on a state highway of equipment that exceeds weight and

size limits provided by law for the movement of:

(1) an implement of husbandry by a dealer;

(2) water well drilling machinery and equipment or harvesting

equipment being moved as part of an agricultural operation; or

(3) superheavy or oversize equipment that:

(A) cannot reasonably be dismantled; and

(B) does not exceed:

(i) 12 feet in width;

(ii) 14 feet in height;

(iii) 110 feet in length; or

(iv) 120,000 pounds gross weight.

(d) The department may issue an annual permit to a motor

carrier, as defined by Section 643.001, that allows the motor

carrier to operate on a state highway two or more vehicles for

the movement of superheavy or oversize equipment described by

Subsection (c)(3). An application under this subsection must be

on the form prescribed by the department and include a

description of each vehicle to be operated by the motor carrier

under the permit. A permit issued under this subsection:

(1) may not authorize the operation of more than one vehicle at

the same time; and

(2) must be carried in the vehicle that is being operated to

move the superheavy or oversize equipment under the permit.

(e) The department may not issue a permit under this section

unless the equipment may be operated without material damage to

the highway.

(f) In this section, "pipe box" means a container specifically

constructed to safely transport and handle oilfield drill pipe

and drill collars.

(g) A single trip permit that increases the height or width

limits established in Subsection (c)(3)(B)(i) or (ii) may be

issued by the department and used in conjunction with an annual

permit issued under Subsection (c).

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

Amended by Acts 1997, 75th Leg., ch. 568, Sec. 1, eff. June 2,

1997; Acts 1999, 76th Leg., ch. 807, Sec. 1, eff. Sept. 1, 1999.

Sec. 623.072. DESIGNATED ROUTE IN MUNICIPALITY. (a) A

municipality having a state highway in its territory shall

designate to the department the route in the municipality to be

used by equipment described by Section 623.071 operating over the

state highway. The department shall show the designated route on

each map routing the equipment.

(b) If a municipality does not designate a route, the department

shall determine the route of the equipment and the commodity on

each state highway in the municipality.

(c) A municipality may not require a fee, permit, or license for

movement of superheavy or oversize equipment on the route of a

state highway designated by the municipality or department.

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

Sec. 623.074. APPLICATION. (a) The department may issue a

permit under this subchapter on the receipt of an application for

the permit.

(b) The application must:

(1) be in writing;

(2) state the kind of equipment to be operated;

(3) describe the equipment;

(4) give the weight and dimensions of the equipment;

(5) give the width, height, and length of the equipment;

(6) state the kind of commodity to be transported and the weight

of the total load; and

(7) be dated and signed by the applicant.

(c) An application for a permit under Section 623.071(a) or (b)

must also also state:

(1) each highway over which the equipment is to be operated, if

the permit is for a single trip; or

(2) the region or area, as required by rule, over which the

equipment is to be operated, if the permit is for other than a

single trip.

(d) The department may by rule authorize an applicant to submit

an application electronically. An electronically submitted

application shall be considered signed if a digital signature is

transmitted with the application and intended by the applicant to

authenticate the application. For purposes of this subsection,

"digital signature" means an electronic identifier intended by

the person using it to have the same force and effect as the use

of a manual signature.

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

Amended by Acts 1997, 75th Leg., ch. 515, Sec. 4, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 568, Sec. 2, eff. June 2, 1997;

Acts 1997, 75th Leg., ch. 1171, Sec. 1.30, eff. Sept. 1, 1997.

Sec. 623.075. BOND. (a) Before the department may issue a

permit under this subchapter, the applicant shall file with the

department a bond in an amount set by the department, payable to

the department, and conditioned that the applicant will pay to

the department any damage that might be sustained to the highway

because of the operation of the equipment for which a permit is

issued.

(b) Venue of a suit for recovery on the bond is in Travis

County.

(c) This section applies to the delivery of farm equipment to a

farm equipment dealer. This section does not apply to:

(1) the driving or transporting of farm equipment that is being

used for an agricultural purpose and is driven or transported by

or under the authority of the owner of the equipment; or

(2) a vehicle or equipment operated by a motor carrier

registered under Chapter 643 or Chapter 645.

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.141(a), eff.

Sept. 1, 1997.

Sec. 623.076. PERMIT FEE. (a) An application for a permit

under this subchapter must be accompanied by a permit fee of:

(1) $60 for a single-trip permit;

(2) $120 for a permit that is valid for a period not exceeding

30 days;

(3) $180 for a permit that is valid for a period of 31 days or

more but not exceeding 60 days;

(4) $240 for a permit that is valid for a period of 61 days or

more but not exceeding 90 days; or

(5) $270 for a permit issued under Section 623.071(c)(1) or (2).

(a-1) The following amounts collected under Subsection (a) shall

be deposited to the general revenue fund and the remainder

deposited to the credit of the state highway fund:

Amount of Fee

$60 (single-trip permit)

$30

$120 (30-day permit)

$60

$180

$90

$240

$120

$270

$135

(b) The Texas Transportation Commission may adopt rules for the

payment of a fee under Subsection (a). The rules may:

(1) authorize the use of electronic funds transfer;

(2) authorize the use of a credit card issued by:

(A) a financial institution chartered by a state or the United

States; or

(B) a nationally recognized credit organization approved by the

Texas Transportation Commission; and

(3) require the payment of a discount or service charge for a

credit card payment in addition to the fee prescribed by

Subsection (a).

(c) An application for a permit under Section 623.071(c)(3) or

(d) must be accompanied by the permit fee established by the

commission for the permit, not to exceed $7,000. Of each fee

collected under this subsection, the department shall send:

(1) the first $1,000 to the comptroller for deposit to the

credit of the general revenue fund; and

(2) any amount in excess of $1,000 to the comptroller for

deposit to the credit of the state highway fund.

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

Amended by Acts 1997, 75th Leg., ch. 515, Sec. 5, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 568, Sec. 3, eff. June 2, 1997;

Acts 1999, 76th Leg., ch. 807, Sec. 2, eff. Sept. 1, 1999.

Amended by:

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

1396, Sec. 5, eff. September 1, 2007.

Sec. 623.077. HIGHWAY MAINTENANCE FEE. (a) An applicant for a

permit under this subchapter, other than a permit under Section

623.071(c)(3), must also pay a highway maintenance fee in an

amount determined according to the following table:

Vehicle Weight in Pounds

Fee

80,001 to 120,000

$150

120,001 to 160,000

$225

160,001 to 200,000

$300

200,001 and above

$375

(b) The department shall send each fee collected under

Subsection (a) to the comptroller for deposit to the credit of

the state highway fund.

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

Amended by Acts 1997, 75th Leg., ch. 568, Sec. 4, eff. June 2,

1997; Acts 1997, 75th Leg., ch. 1423, Sec. 18.16, eff. Sept. 1,

1997.

Amended by:

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

1396, Sec. 6, eff. September 1, 2007.

Sec. 623.078. VEHICLE SUPERVISION FEE. (a) Each applicant for

a permit under this subchapter for a vehicle that is heavier than

200,000 pounds must also pay a vehicle supervision fee in an

amount determined by the department and designed to recover the

direct cost of providing safe transportation of the vehicle over

the state highway system, including the cost of:

(1) bridge structural analysis;

(2) the monitoring of the trip process; and

(3) moving traffic control devices.

(b) The department shall send each fee collected under

Subsection (a) to the comptroller for deposit to the credit of

the state highway fund.

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

Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 18.17, eff. Sept.

1, 1997.

Sec. 623.079. REGISTRATION OF EQUIPMENT. A permit under this

subchapter may be issued only if the equipment to be operated

under the permit is registered under Chapter 502 for maximum

gross weight applicable to the vehicle under Section 621.101 that

is not heavier than 80,000 pounds overall gross weight.

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

Sec. 623.080. CONTENTS OF PERMIT. (a) Except as provided by

Subsection (b), a permit under this subchapter must include:

(1) the name of the applicant;

(2) the date of issuance;

(3) the signature of the director of the department or of a

division engineer;

(4) a statement of the kind of equipment to be transported over

the highway, the weight and dimensions of the equipment, and the

kind and weight of each commodity to be transported; and

(5) a statement of any condition on which the permit is issued.

(b) A permit issued under Section 623.071(a) or (b) must also

state:

(1) each highway over which the equipment is to be transported,

if the permit is for a single trip; or

(2) the region or area, as required by rule, over which the

equipment is to be operated, if the permit is for other than a

single trip.

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

1997, 75th Leg., ch. 515, Sec. 6, eff. Sept. 1, 1997.

Sec. 623.081. PERMIT ISSUED BY TELEPHONE. (a) The department

shall provide for issuing a permit by telephone for the operation

of an overweight or oversize motor vehicle over a state highway.

(b) The department shall issue a permit under this section for a

period and at the rate provided by Section 623.076(a).

(c) An applicant for a permit under this section must provide by

telephone to the department:

(1) the information required for a permit issued under Section

623.071(a) or (b), other than the applicant's signature; and

(2) the account number of a credit card approved by the

department.

(d) On granting a permit under this section, the agent shall:

(1) issue to the applicant an approval number; and

(2) provide to the applicant the agent's name, designation, and

office address.

(e) After receiving an approval number, the applicant shall

prepare, on a form provided by the department, a permit with the

information provided to the agent under Subsection (c) and the

information received under Subsection (d).

(f) The applicant shall keep the permit in the vehicle for which

the permit was issued until the day after the date the permit

expires.

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

1997, 75th Leg., ch. 515, Sec. 7, eff. Sept. 1, 1997.

Sec. 623.082. PENALTIES. (a) A person commits an offense if

the person violates this subchapter.

(b) Except as provided by Subsection (c), 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) A corporation is not subject to confinement for an offense

under this section, but two times the maximum fine provided for

in the applicable subdivision of Subsection (b) may be imposed

against the corporation.

(d) The judge shall report a conviction under this section to

the Department of Public Safety. The Department of Public Safety

shall keep a record of each conviction.

(e) If a corporation does not pay a fine assessed under this

section, the district or county attorney for the county in which

the conviction was obtained may file suit to collect the fine.

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

SUBCHAPTER E. MANUFACTURED AND INDUSTRIALIZED HOUSING

Sec. 623.091. DEFINITION. In this subchapter, "manufactured

house" means "industrialized building" as defined by Chapter

1202, Occupations Code, "industrialized housing" as defined by

Chapter 1202, Occupations Code, or "manufactured home" as defined

by Chapter 1201, Occupations Code. The term includes a temporary

chassis system or returnable undercarriage used for the

transportation of a manufactured house and a transportable

section of a manufactured house that is transported on a chassis

system or returnable undercarriage and that is constructed so

that it cannot, without dismantling or destruction, be

transported within the legal size limits for a motor vehicle.

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

Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.836, eff.

Sept. 1, 2003.

Sec. 623.092. PERMIT REQUIREMENT. (a) A manufactured house in

excess of legal size limits for a motor vehicle may not be moved

over a highway, road, or street in this state except in

accordance with a permit issued by the department.

(b) A county or municipality may not require a permit, bond,

fee, or license, in addition to that required by state law, for

the movement of a manufactured house.

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

Sec. 623.093. CONTENTS OF APPLICATION AND PERMIT. (a) The

application for a permit and the permit must be in the form

prescribed by the department. The permit must show:

(1) the length, width, and height of the manufactured house and

the towing vehicle in combination;

(2) the complete identification or serial number, the Department

of Housing and Urban Development label number, or the state seal

number of the house;

(3) the name of the owner of the house;

(4) the location from which the house is being transported;

(5) the location to which the house is being transported; and

(6) the route for the transportation of the house.

(b) The length of the manufactured house and the towing vehicle

in combination includes the length of the hitch or towing device.

The height is measured from the roadbed to the highest elevation

of the manufactured house. The width of the house or section

includes any roof or eave extension or overhang on either side.

(c) The route must be the shortest distance from the place where

the transportation begins in this state to the place where the

transportation ends in this state and include divided and

interstate systems, except where construction is in progress or

bridge or overpass width or height creates a safety hazard. A

county or municipality may designate to the department the route

to be used inside the territory of the county or municipality.

(d) Repealed by Acts 2005, 79th Leg., Ch. 1284, Sec. 34(3), eff.

June 18, 2005.

(e) Each quarter the department shall send a copy of each permit

for the transportation of a manufactured house that begins or

ends in this state, or provide the essential information in the

permit, to the chief appraiser of the appraisal district in each

county in which the transportation begins or ends.

(f) If an application for a permit to move a manufactured house

is accompanied by a copy of a writ of possession issued by a

court of competent jurisdiction, the applicant is not required to

submit the written statement from the chief appraiser set forth

in Subsection (d).

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.142(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 791, Sec. 19, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(107), eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 988, Sec. 4, eff. Sept.

1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.837, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1284, Sec. 34(3), eff. June 18, 2005.

Sec. 623.094. PERMIT ISSUANCE. (a) Except as authorized by

Section 623.095, the department may issue a permit only to:

(1) a person licensed by the Texas Department of Housing and

Community Affairs as a manufacturer, retailer, or installer; or

(2) motor carriers registered with the department.

(b) The license or registration number of the person to whom the

permit is issued shall be affixed to the rear of the manufactured

house during transportation and have letters and numbers that are

at least eight inches high.

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.143(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 791, Sec. 20, eff. Sept.

1, 1997.

Sec. 623.095. PERMIT TYPES. (a) The department may issue a

single-trip permit for the transportation of a manufactured house

to:

(1) the owner of a manufactured house if:

(A) the title to the manufactured house and the title to the

towing vehicle show that the owner of the manufactured house and

the owner of the towing vehicle are the same person; or

(B) a lease shows that the owner of the manufactured house and

the lessee of the towing vehicle are the same person;

(2) a person authorized to be issued permits by Section 623.094.

(b) A person or owner must have proof of the insurance coverage

required by Section 623.103.

(c) In lieu of a single-trip permit, the department may issue an

annual permit to any person authorized to be issued permits by

Section 623.094 for the transportation of new manufactured homes

from a manufacturing facility to a temporary storage location not

to exceed 20 miles from the point of manufacture. A copy of the

permit must be carried in the vehicle transporting a manufactured

home from the manufacturer to temporary storage. The department

may adopt rules concerning requirements for a permit issued under

this subsection.

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.143(b), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 791, Sec. 21, eff. Sept.

1, 1997.

Sec. 623.096. PERMIT FEE. (a) The department shall collect a

fee of $40 for each permit issued under this subchapter. Of each

fee, $19.70 shall be deposited to the credit of the general

revenue fund and the remainder deposited to the credit of the

state highway fund.

(b) The department shall adopt rules concerning fees for each

annual permit issued under Section 623.095(c) at a cost not to

exceed $3,000.

(c) The department may establish an escrow account for the

payment of permit fees.

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.144(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 791, Sec. 22, eff. Sept.

1, 1997.

Amended by:

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

1396, Sec. 7, eff. September 1, 2007.

Sec. 623.097. DURATION OF PERMIT. A permit is valid for a

five-day period.

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

Sec. 623.098. CAUTION LIGHTS. (a) A manufactured house that is

wider than 12 feet must have one rotating amber beacon of not

less than eight inches mounted at the rear of the manufactured

house on the roof or one flashing amber light mounted at each

rear corner of the manufactured house approximately six feet

above ground level. In addition, the towing vehicle must have one

rotating amber beacon of not less than eight inches mounted on

top of the cab.

(b) Each beacon shall be operated during a move under a permit

and while on a highway, road, or street in this state.

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.145(a), eff.

Sept. 1, 1997.

Sec. 623.099. ESCORT FLAG VEHICLE. (a) A manufactured house

that is wider than 16 feet, but is not wider than 18 feet, must

have one escort flag vehicle that must:

(1) precede the house on a two-lane roadway; or

(2) follow the house on a roadway of four or more lanes.

(b) A manufactured house that is wider than 18 feet must be

preceded and followed by escort flag vehicles while moving over a

highway, road, or street in this state.

(c) An escort flag vehicle must have:

(1) on top of the vehicle and visible from the front and rear:

(A) two lights flashing simultaneously; or

(B) one rotating amber beacon of not less than eight inches;

(2) four red 16-inch square flags mounted on the four corners of

the vehicle so that one flag is on each corner; and

(3) signs that:

(A) are mounted on the front and rear of the vehicle; and

(B) have a yellow background and black letters at least eight

inches high stating "wide load."

(d) Two transportable sections of a multisection manufactured

house or two single-section manufactured houses towed in convoy

are considered one house for purposes of the escort flag vehicle

requirements of this section if the distance between the two does

not exceed 1,000 feet.

(e) The department shall publish and annually revise a map or

list of the bridges or overpasses that because of height or width

require an escort flag vehicle to stop oncoming traffic while a

manufactured house crosses the bridge or overpass.

(f) An escort flag vehicle may not be required under this

subchapter except as expressly provided by this section.

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

Amended by Acts 1997, 75th Leg., ch. 487, Sec. 1, eff. Sept. 1,

1997.

Sec. 623.100. TIMES AND DAYS OF MOVEMENT. (a) Movement

authorized by a permit issued under this subchapter may be made

on any day, except a national holiday, but shall be made only

during daylight hours.

(b) The department may limit the hours for travel on certain

routes because of heavy traffic conditions.

(c) The department shall publish the limitation on movements

prescribed by this section and the limitations adopted under

Subsection (b) and shall make the publications available to the

public. Each limitation adopted by the department must be made

available to the public before it takes effect.

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

Sec. 623.101. SPEED LIMIT. (a) A manufactured house or house

trailer may not be towed in excess of the posted speed limit or

55 miles per hour, whichever is less.

(b) In this section, "house trailer" has the meaning assigned by

Section 541.201.

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

Amended by Acts 1997, 75th Leg., ch. 1020, Sec. 4, eff. Sept. 1,

1997.

Sec. 623.102. EQUIPMENT. (a) The brakes on a towing vehicle

and a manufactured house must be capable of stopping the vehicle

and house from an initial velocity of 20 miles per hour in not

more than 40 feet.

(b) Each manufactured house must be equipped with a wiring

harness during transportation over a roadway to provide on the

rear of the house:

(1) right-turn and left-turn signal lights;

(2) braking or stopping lights; and

(3) parking lights.

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

Sec. 623.103. LIABILITY INSURANCE. A vehicle towing a

manufactured house shall be covered by liability insurance of not

less than $300,000 combined single limit.

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

Sec. 623.104. CIVIL AND CRIMINAL PENALTIES. (a) A person

commits an offense if the person violates this subchapter. An

offense under this subsection is a Class C misdemeanor, except as

provided by Subsection (d).

(b) A person convicted of an offense under Subsection (a) may

also be assessed a civil penalty of not less than $200 or more

than $500 for failure to:

(1) obtain a permit;

(2) have a required rotating amber beacon on the manufactured

house or towing vehicle;

(3) provide a required escort flag vehicle; or

(4) have the required insurance.

(c) The civil penalty:

(1) may be awarded by a court having jurisdiction over a Class C

misdemeanor; and

(2) shall be paid to the county in which the person was

convicted.

(d) Except as provided by Subsection (e), if the offense

involves the movement of a manufactured house over a highway,

road, or street in this state without a permit issued by the

department, the offense is a misdemeanor punishable by a fine of

$1,000.

(e) If it is shown on the trial of an offense punishable under

Subsection (d) that the defendant has previously been punished

under Subsection (d):

(1) one time, the offense is punishable by a fine of $2,000; or

(2) two or more times, the offense is punishable by a fine of

$4,000.

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

Amended by Acts 2001, 77th Leg., ch. 988, Sec. 5, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 338, Sec. 48, eff. June 18, 2003.

Sec. 623.105. PENALTY FOR COMPENSATING CERTAIN UNLAWFUL ACTIONS.

(a) A person commits an offense if the person:

(1) provides compensation to another for the movement of a

manufactured home over a highway, road, or street in this state;

and

(2) knows the other person is not authorized by law to move the

home.

(b) An offense under this section is a misdemeanor punishable by

a fine of $1,000.

Added by Acts 2003, 78th Leg., ch. 338, Sec. 49, eff. June 18,

2003.

SUBCHAPTER F. PORTABLE BUILDING UNITS

Sec. 623.121. PERMIT TO MOVE PORTABLE BUILDING UNIT. (a) The

department may issue a permit to a person to operate equipment to

move over a state highway one or more portable building units

that in combination with the towing vehicle are in excess of the

length or width limitations provided by law but less than 80 feet

in length.

(b) The length limitation in this section does not apply to a

truck-tractor or truck-tractor combination towing or carrying the

portable building units.

(c) In this section, "portable building unit" means the

prefabricated structural and other components incorporated and

delivered by the manufacturer as a complete inspected unit with a

distinct serial number. The term includes a fully assembled

configuration, a partially assembled configuration, or a kit or

unassembled configuration, when loaded for transport.

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.146(a), eff.

Sept. 1, 1997.

Sec. 623.122. DESIGNATED ROUTE IN MUNICIPALITY. (a) A

municipality having a state highway in its territory shall

designate to the department the route in the municipality to be

used by equipment described by Section 623.121 moving over the

state highway. The department shall show the designated route on

each map routing the equipment.

(b) If a municipality does not designate a route, the department

shall determine the route to be used by the equipment on the

state highway within the municipality.

(c) A municipality may not require a fee or license for movement

of a portable building unit on the route of a state highway

designated by the department or the municipality.

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

Sec. 623.123. APPLICATION. The application for a permit under

Section 623.121 must:

(1) be in writing;

(2) state the make and model of the portable building unit or

units;

(3) state the length and width of the portable building unit or

units;

(4) state the make and model of the towing vehicle;

(5) state the length and width of the towing vehicle;

(6) state the length and width of the combined portable building

unit or units and towing vehicle;

(7) state each highway over which the portable building unit or

units are to be moved;

(8) indicate the point of origin and destination; and

(9) be dated and signed by the applicant.

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

Sec. 623.124. FEE. (a) An application for a permit must be

accompanied by a fee of $15.

(b) The department shall send each fee collected under this

section to the comptroller. Of each fee received from the

department, the comptroller shall deposit $7.50 to the credit of

the general revenue fund and $7.50 to the credit of the state

highway fund.

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

Amended by:

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

1396, Sec. 8, eff. September 1, 2007.

Sec. 623.126. FORM OF PERMIT. (a) A permit issued under this

subchapter must:

(1) contain the name of the applicant;

(2) be dated and signed by the director of the department, a

division engineer, or a designated agent;

(3) state the make and model of the portable building unit or

units to be transported over the highways;

(4) state the make and model of the towing vehicle;

(5) state the combined length and width of the portable building

unit or units and towing vehicle; and

(6) state each highway over which the portable building unit or

units are to be moved.

(b) A permit is valid if it is substantially in the form

provided by this section.

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

Sec. 623.127. DURATION OF PERMIT. A permit issued under this

subchapter is effective for a 10-day period and valid only for a

single continuous movement.

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

Sec. 623.128. TIME OF MOVEMENT. Movement authorized by a permit

issued under this subchapter shall be made only during daylight

hours.

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

Sec. 623.129. ESCORT FLAG VEHICLE. The escort flag vehicle

requirements provided by Section 623.099 apply to the movement of

portable building units and compatible cargo under this

subchapter as if such building units and cargo were a

manufactured house.

Added by Acts 1997, 75th Leg., ch. 487, Sec. 2, eff. Sept. 1,

1997.

Sec. 623.130. COMPATIBLE CARGO. (a) A permit issued under this

subchapter may authorize the movement of cargo, other than a

portable building unit, manufactured, assembled, or distributed

by a portable building unit manufacturer, as an authorized

distributor if:

(1) the movement is conducted by employees of the manufacturer

or by independent drivers and equipment under exclusive contract

to the manufacturer during the movement;

(2) the movement is to or from a location where the

manufacturer's building units may be legally stored, sold, or

delivered; and

(3) the cargo is compatible with the movement of portable

building units in that:

(A) the cargo does not cause the load to exceed applicable

height or weight limits; and

(B) the cargo is loaded to properly distribute weight, width,

and height to maximize safety and economy without exceeding size

or weight limits authorized for movement of portable building

units.

(b) If cargo moved under this section exceeds any width limit

that would apply to the cargo if it were moved in a manner not

governed by this section, the department shall collect an amount

equal to any fee that would apply to movement of the cargo if the

cargo were moved in a manner not governed by this section in

addition to the fee required under this subchapter.

Added by Acts 1997, 75th Leg., ch. 487, Sec. 2, eff. Sept. 1,

1997.

SUBCHAPTER G. OIL WELL SERVICING AND DRILLING MACHINERY

Sec. 623.141. OPTIONAL PROCEDURE. This subchapter provides an

optional procedure for the issuance of a permit for the movement

of oversize or overweight oil well servicing or oil well drilling

machinery and equipment.

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

Sec. 623.142. PERMIT TO MOVE OIL WELL SERVICING OR DRILLING

MACHINERY. (a) The department may, on application, issue a

permit for the movement over a road or highway under the

jurisdiction of the department of a vehicle that:

(1) is a piece of fixed-load mobile machinery or equipment used

to service, clean out, or drill an oil well; and

(2) cannot comply with the restrictions set out in Subchapter C

of Chapter 621 and Section 621.101.

(b) The department may not issue a permit under this section

unless the vehicle may be moved without material damage to the

highway or serious inconvenience to highway traffic.

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

Sec. 623.143. DESIGNATED ROUTE IN MUNICIPALITY. (a) A

municipality having a state highway in its territory may

designate to the department the route in the municipality to be

used by a vehicle described by Section 623.142 operating over the

state highway. When the route is designated, the department shall

show the route on each map routing the vehicles.

(b) If a municipality does not designate a route, the department

shall determine the route to be used by a vehicle on a state

highway in the municipality.

(c) A municipality may not require a fee, permit, or license for

movement of vehicles on the route of a state highway designated

by the municipality or department.

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

Sec. 623.144. REGISTRATION OF VEHICLE. A permit under this

subchapter may be issued only if the vehicle is registered under

Chapter 502 for the maximum gross weight applicable to the

vehicle under Section 621.101 or has the distinguishing license

plates as provided by Section 504.504 if applicable to the

vehicle.

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

Amended by:

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

280, Sec. 5, eff. June 15, 2007.

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

1396, Sec. 9, eff. September 1, 2007.

Sec. 623.145. RULES; FORMS AND PROCEDURES; FEES. (a) The Texas

Transportation Commission by rule shall provide for the issuance

of permits under this subchapter. The rules must include each

matter the commission determines necessary to implement this

subchapter and:

(1) requirements for forms and procedures used in applying for a

permit;

(2) conditions with regard to route and time of movement;

(3) requirements for flags, flaggers, and warning devices;

(4) the fee for a permit; and

(5) standards to determine whether a permit is to be issued for

one trip only or for a period established by the commission.

(b) In adopting a rule or establishing a fee, the commission

shall consider and be guided by:

(1) the state's investment in its highway system;

(2) the safety and convenience of the general traveling public;

(3) the registration or license fee paid on the vehicle for

which the permit is requested;

(4) the fees paid by vehicles operating within legal limits;

(5) the suitability of roadways and subgrades on the various

classes of highways of the system;

(6) the variation in soil grade prevalent in the different

regions of the state;

(7) the seasonal effects on highway load capacity;

(8) the highway shoulder design and other highway geometrics;

(9) the load capacity of the highway bridges;

(10) administrative costs;

(11) added wear on highways; and

(12) compensation for inconvenience and necessary delays to

highway users.

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

Sec. 623.146. VIOLATION OF RULE. A permit under this subchapter

is void on the failure of an owner or the owner's representative

to comply with a rule of the commission or with a condition

placed on the permit, and immediately on the violation, further

movement over the highway of an oversize or overweight vehicle

violates the law regulating the size or weight of a vehicle on a

public highway.

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

Sec. 623.147. DEPOSIT OF FEE IN STATE HIGHWAY FUND. A fee

collected under this subchapter shall be deposited to the credit

of the state highway fund.

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

Sec. 623.148. LIABILITY FOR DAMAGE TO HIGHWAYS. (a) By issuing

a permit under this subchapter, the department does not guarantee

that a highway can safely accommodate the movement.

(b) The owner of a vehicle involved in the movement of an

oversize or overweight vehicle, even if a permit has been issued

for the movement, is strictly liable for any damage the movement

causes the highway system or any of its structures or

appurtenances.

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

Sec. 623.149. DETERMINATION WHETHER VEHICLE SUBJECT TO

REGISTRATION OR ELIGIBLE FOR DISTINGUISHING LICENSE PLATE. (a)

The department may establish criteria to determine whether oil

well servicing, oil well clean