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CHAPTER 623. PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLES

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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 DesignatedFee1-5$1756-20$25021-40$45041-60$62561-80$80081-100$900101-254$1,000(b)A permit issued under Section 623.011 does not authorize theoperation of the vehicle in a county that is not designated inthe application.(c)Of the fees collected under Subsection (a) the followingamounts shall be deposited to the general revenue fund and theremainder shall be deposited to the credit of the state highwayfund:Number of Counties DesignatedAmount Allocated to General Revenue Fund1-5$1256-20$12521-40$34541-60$56561-80$78581-100$900101-254$1,000Added 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 personapplies for a permit under Section 623.011, the person must payin addition to other fees an administrative fee adopted bydepartment rule in an amount not to exceed the direct andindirect 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 bySubsection (b), a permit issued under Section 623.011 does notauthorize the operation of a vehicle on:(1)the national system of interstate and defense highways inthis state if the weight of the vehicle is greater thanauthorized by federal law; or(2)a bridge for which a maximum weight and load limit has beenestablished and posted by the Texas Transportation Commissionunder Section 621.102 or the commissioners court of a countyunder Section 621.301, if the gross weight of the vehicle andload or the axles and wheel loads are greater than the limitsestablished and posted under those sections.(b)The restrictions under Subsection (a)(2) do not apply if abridge described by Subsection (a)(2) provides the only publicvehicular access from an origin or to a destination by a holderof 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 apermit under Section 623.011, other than a permit to operate avehicle loaded with timber or pulp wood, wood chips, cotton, oragricultural products in their natural state, shall file with thedepartment:(1)a blanket bond; or(2)an irrevocable letter of credit issued by a financialinstitution the deposits of which are guaranteed by the FederalDeposit Insurance Corporation.(b)The bond or letter of credit must:(1)be in the amount of $15,000 payable to the department andthe counties of this state;(2)be conditioned that the applicant will pay the departmentfor any damage to a state highway, and a county for any damage toa road or bridge of the county, caused by the operation of thevehicle for which the permit is issued at a heavier weight thanthe maximum weights authorized by Subchapter B of Chapter 621 orSection 621.301; and(3)provide that the issuer is to notify the department and theapplicant in writing promptly after a payment is made by theissuer on the bond or letter of credit.(c)If an issuer of a bond or letter of credit pays under thebond or letter of credit, the permit holder shall file with thedepartment before the 31st day after the date on which thepayment is made:(1)a replacement bond or letter of credit in the amountprescribed by Subsection (b) for the original bond or letter ofcredit; or(2)a notification from the issuer of the existing bond orletter of credit that the bond or letter of credit has beenrestored 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 623.011automatically expires on the 31st day after the date on which thepayment 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 laterthan the 14th day after the date the department issues a permitunder Section 623.011, the department shall notify the countyclerk 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 wasissued; and(2)the vehicle identification number and license plate numberof the vehicle.(b)The department shall send a copy of the permit and the bondor letter of credit required for the permit with the noticerequired 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 underSection 623.011 may not be transferred.(b)If the vehicle for which a permit was issued is destroyed orpermanently inoperable, a person may apply to the department fora credit for the remainder of the permit period.(c)The department shall issue the prorated credit if theperson:(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 aform approved by the department that the vehicle has beendestroyed 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 towardthe 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 aholder of a permit issued under Section 623.011 for damage to astate road or highway or a county road is not limited to theamount of the bond or letter of credit required for the issuanceof the permit.(b)The holder of a permit issued under Section 623.011 who hasfiled the bond or letter of credit required for the permit andwho has filed the notice required by Section 623.013 is liable tothe county only for the actual damage to a county road, bridge,or culvert with a load limitation established under Subchapter Bof Chapter 621 or Section 621.301 caused by the operation of thevehicle in excess of the limitation. If a county judge, countycommissioner, county road supervisor, or county traffic officerrequires the vehicle to travel over a designated route, it ispresumed that the designated route, including a bridge or culverton the route, is of sufficient strength and design to carry andwithstand the weight of the vehicle traveling over the designatedroute.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 motorcarrier as a condition to:(1)the transportation of property for compensation or hire bythe carrier;(2)entrance on property by the carrier for the purpose ofloading, unloading, or transporting property for compensation orhire; 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 ornegligent 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 propertyfor hire. The term does not include a person who transportsproperty as an incidental activity of a nontransportationbusiness activity regardless of whether the person imposes aseparate charge for the transportation.(d)A provision that is contrary to Subsection (a) is notenforceable.Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.139(a); Acts1997, 75th Leg., ch. 1061, Sec. 19.Sec. 623.016.RECOVERY ON PERMIT SECURITY.(a)The departmentor a county may recover on the bond or letter of credit requiredfor a permit issued under Section 623.011 only by a suit againstthe permit holder and the issuer of the bond or letter of credit.(b)Venue for a suit by the department is in a district courtin:(1)the county in which the defendant resides;(2)the county in which the defendant has its principal place ofbusiness in this state if the defendant is a corporation orpartnership; or(3)Travis County if the defendant is a corporation orpartnership that does not have a principal place of business inthis 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 ofbusiness 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 themovement of a vehicle that is used to carry cylindrical bales ofhay and that is wider than the maximum allowable vehicle widthbut not wider than 12 feet.(b)A $10 permit fee must accompany an application for a permitunder this section.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 623.018.COUNTY PERMIT.(a)The commissioners court of acounty, through the county judge, may issue a permit for:(1)the transportation over highways of that county, other thanstate highways and public roads in the territory of amunicipality, of an overweight, oversize, or overlength commoditythat cannot be reasonably dismantled; or(2)the operation over a highway of that county other than astate highway or public road in the territory of a municipalityof:(A)superheavy or oversize equipment for the transportation ofan overweight, oversize, or overlength commodity that cannot bereasonably dismantled; or(B)vehicles or combinations of vehicles that exceed the weightsauthorized under Subchapter B, Chapter 621, or Section 621.301.(b)A permit under Subsection (a) may not be issued for longerthan 90 days.(c)The commissioners court of a county, through the countyjudge, may issue an annual permit to a dealer in implements ofhusbandry to allow the dealer to use vehicles that exceed thewidth limitations provided by this chapter to transport animplement on a highway. The county judge may exercise authorityunder this subsection independently of the commissioners courtuntil the commissioners court takes action on the request.(d)If a vehicle has a permit issued under Section 623.011, acommissioners court may not:(1)issue a permit under this section or charge an additionalfee for or otherwise regulate or restrict the operation of thevehicle because of weight; or(2)require the owner or operator to execute or comply with aroad use agreement or indemnity agreement, to make a filing orapplication, or to provide a bond or letter of credit other thanthe bond or letter of credit prescribed by Section 623.012.(e)The commissioners court may require a bond to be executed byan applicant in an amount sufficient to guarantee the payment ofany damage to a road or bridge sustained as a consequence of thetransportation 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 personwho holds a permit issued under Section 623.011 commits anoffense if:(1)the person:(A)operates or directs the operation of the vehicle for whichthe permit was issued on a public highway or road; and(B)is criminally negligent with regard to the operation of thevehicle at a weight heavier than the weight limit authorized bySection 623.011; or(2)the person operates or directs the operation of the vehiclefor which the permit was issued:(A)in a county not designated in the person's application underSection 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 offenseunder Subsection (a) is a misdemeanor punishable by a fine of notless than $100 or more than $150.(c)An offense under Subsection (a) is a misdemeanor and, exceptas provided by Subsection (d), is punishable by a fine of:(1)not less than $300 or more than $500 if the offense involvesa vehicle having a gross weight that is heavier than 5,000 butnot heavier than 10,000 pounds over the vehicle's allowable grossweight; or(2)not less than $500 or more than $1,000 if the offenseinvolves a vehicle having a gross weight that is at least 10,000pounds heavier than the vehicle's allowable gross weight.(d)On conviction before the first anniversary of the date of aprevious conviction under Subsection (a), an offense ispunishable by a fine in an amount that is twice the amountspecified 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 thecomptroller.(f)A justice of the peace has jurisdiction of any offense underthis section. A municipal court has jurisdiction of an offenseunder this section in which the fine does not exceed $500.(g)A justice or judge who renders a conviction under thissection shall report the conviction to the Department of PublicSafety. The Department of Public Safety shall keep a record ofeach 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 ROADSSec. 623.051.CONTRACT ALLOWING OVERSIZE OR OVERWEIGHT VEHICLETO CROSS ROAD; SURETY BOND.(a)A person may operate a vehiclethat cannot comply with one or more of the restrictions ofSubchapter C of Chapter 621 or Section 621.101 to cross the widthof any road or highway under the jurisdiction of the department,other than a controlled access highway as defined by Section203.001, from private property to other private property if theperson contracts with the commission to indemnify the departmentfor the cost of maintenance and repair of the part of the highwaycrossed by the vehicle.(b)The commission shall adopt rules relating to the forms andprocedures to be used under this section and other matters thatthe commission considers necessary to carry out this section.(c)To protect the safety of the traveling public, minimize anydelays and inconveniences to the operators of vehicles in regularoperation, and assure payment for the added wear on the highwaysin 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 orhighway to be crossed, variation in soil grade prevalent in thedifferent regions of the state, and the seasonal effects onhighway load capacity, the highway shoulder design, and otherhighway geometrics; and(3)the state's investment in its highway system.(d)Before exercising any right under a contract under thissection, a person must execute with a corporate surety authorizedto do business in this state a surety bond in an amountdetermined by the commission to compensate for the cost ofmaintenance and repairs as provided by this section. The bondmust be approved by the comptroller and the attorney general andmust be conditioned on the person fulfilling the obligations ofthe 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 WITHCOMMODITIES OR PRODUCTS TO CROSS HIGHWAY; SURETY BOND.(a)Aperson may operate a vehicle that exceeds the overall grossweight limits provided by Section 621.101 to cross the width of ahighway from private property to other private property if:(1)the vehicle is transporting grain, sand, or anothercommodity or product and the vehicle's overall gross weight isnot heavier than 110,000 pounds; or(2)the vehicle is an unlicensed vehicle that is transportingsand, 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 forthe cost of the maintenance and repair for damage caused by avehicle crossing that part of the highway; and(2)execute an adequate surety bond to compensate for the costof maintenance and repair, approved by the comptroller and theattorney general, with a corporate surety authorized to dobusiness in this state, conditioned on the person fulfilling eachobligation 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 EQUIPMENTSec. 623.071.PERMIT TO MOVE CERTAIN HEAVY EQUIPMENT.(a)Thedepartment may issue a permit to a person to operate over a statehighway superheavy or oversize equipment that:(1)is used to transport cylindrically shaped bales of hay or acommodity that cannot reasonably be dismantled; and(2)has a gross weight or size that exceeds the limits allowedby law to be transported over a state highway.(b)The department may issue a permit to a person to operateover a farm-to-market or ranch-to-market road superheavy oroversize equipment that:(1)is used to transport oilfield drill pipe or drill collarsstored in a pipe box; and(2)has a gross weight or size that exceeds the limits allowedby law to be transported over a state highway.(c)The department may issue an annual permit to allow theoperation on a state highway of equipment that exceeds weight andsize limits provided by law for the movement of:(1)an implement of husbandry by a dealer;(2)water well drilling machinery and equipment or harvestingequipment 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 motorcarrier, as defined by Section 643.001, that allows the motorcarrier to operate on a state highway two or more vehicles forthe movement of superheavy or oversize equipment described bySubsection (c)(3). An application under this subsection must beon the form prescribed by the department and include adescription of each vehicle to be operated by the motor carrierunder the permit. A permit issued under this subsection:(1)may not authorize the operation of more than one vehicle atthe same time; and(2)must be carried in the vehicle that is being operated tomove the superheavy or oversize equipment under the permit.(e)The department may not issue a permit under this sectionunless the equipment may be operated without material damage tothe highway.(f)In this section, "pipe box" means a container specificallyconstructed to safely transport and handle oilfield drill pipeand drill collars.(g)A single trip permit that increases the height or widthlimits established in Subsection (c)(3)(B)(i) or (ii) may beissued by the department and used in conjunction with an annualpermit 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)Amunicipality having a state highway in its territory shalldesignate to the department the route in the municipality to beused by equipment described by Section 623.071 operating over thestate highway. The department shall show the designated route oneach map routing the equipment.(b)If a municipality does not designate a route, the departmentshall determine the route of the equipment and the commodity oneach state highway in the municipality.(c)A municipality may not require a fee, permit, or license formovement of superheavy or oversize equipment on the route of astate 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 apermit under this subchapter on the receipt of an application forthe 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 weightof 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, ifthe permit is for a single trip; or(2)the region or area, as required by rule, over which theequipment is to be operated, if the permit is for other than asingle trip.(d)The department may by rule authorize an applicant to submitan application electronically. An electronically submittedapplication shall be considered signed if a digital signature istransmitted with the application and intended by the applicant toauthenticate the application. For purposes of this subsection,"digital signature" means an electronic identifier intended bythe person using it to have the same force and effect as the useof 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 apermit under this subchapter, the applicant shall file with thedepartment a bond in an amount set by the department, payable tothe department, and conditioned that the applicant will pay tothe department any damage that might be sustained to the highwaybecause of the operation of the equipment for which a permit isissued.(b)Venue of a suit for recovery on the bond is in TravisCounty.(c)This section applies to the delivery of farm equipment to afarm equipment dealer. This section does not apply to:(1)the driving or transporting of farm equipment that is beingused for an agricultural purpose and is driven or transported byor under the authority of the owner of the equipment; or(2)a vehicle or equipment operated by a motor carrierregistered 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 permitunder 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 exceeding30 days;(3)$180 for a permit that is valid for a period of 31 days ormore but not exceeding 60 days;(4)$240 for a permit that is valid for a period of 61 days ormore 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) shallbe deposited to the general revenue fund and the remainderdeposited 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 thepayment 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 UnitedStates; or(B)a nationally recognized credit organization approved by theTexas Transportation Commission; and(3)require the payment of a discount or service charge for acredit card payment in addition to the fee prescribed bySubsection (a).(c)An application for a permit under Section 623.071(c)(3) or(d) must be accompanied by the permit fee established by thecommission for the permit, not to exceed $7,000.Of each feecollected under this subsection, the department shall send:(1)the first $1,000 to the comptroller for deposit to thecredit of the general revenue fund; and(2)any amount in excess of $1,000 to the comptroller fordeposit 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 apermit under this subchapter, other than a permit under Section623.071(c)(3), must also pay a highway maintenance fee in anamount determined according to the following table:Vehicle Weight in PoundsFee80,001 to 120,000$150120,001 to 160,000$225160,001 to 200,000$300200,001 and above$375(b)The department shall send each fee collected underSubsection (a) to the comptroller for deposit to the credit ofthe 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 fora permit under this subchapter for a vehicle that is heavier than200,000 pounds must also pay a vehicle supervision fee in anamount determined by the department and designed to recover thedirect cost of providing safe transportation of the vehicle overthe 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 underSubsection (a) to the comptroller for deposit to the credit ofthe 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 thissubchapter may be issued only if the equipment to be operatedunder the permit is registered under Chapter 502 for maximumgross weight applicable to the vehicle under Section 621.101 thatis 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 bySubsection (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 adivision engineer;(4)a statement of the kind of equipment to be transported overthe highway, the weight and dimensions of the equipment, and thekind 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 alsostate:(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 theequipment is to be operated, if the permit is for other than asingle trip.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995; Acts1997, 75th Leg., ch. 515, Sec. 6, eff. Sept. 1, 1997.Sec. 623.081.PERMIT ISSUED BY TELEPHONE.(a)The departmentshall provide for issuing a permit by telephone for the operationof an overweight or oversize motor vehicle over a state highway.(b)The department shall issue a permit under this section for aperiod and at the rate provided by Section 623.076(a).(c)An applicant for a permit under this section must provide bytelephone to the department:(1)the information required for a permit issued under Section623.071(a) or (b), other than the applicant's signature; and(2)the account number of a credit card approved by thedepartment.(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, andoffice address.(e)After receiving an approval number, the applicant shallprepare, on a form provided by the department, a permit with theinformation provided to the agent under Subsection (c) and theinformation received under Subsection (d).(f)The applicant shall keep the permit in the vehicle for whichthe permit was issued until the day after the date the permitexpires.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995; Acts1997, 75th Leg., ch. 515, Sec. 7, eff. Sept. 1, 1997.Sec. 623.082.PENALTIES.(a)A person commits an offense ifthe person violates this subchapter.(b)Except as provided by Subsection (c), an offense under thissection is a misdemeanor punishable:(1)by a fine of not more than $200;(2)on conviction within one year after the date of a priorconviction under this section that was punishable underSubdivision (1), by a fine of not more than $500, by confinementin the county jail for not more than 60 days, or by both the fineand the confinement; or(3)on conviction within one year after the date of a priorconviction under this section that was punishable underSubdivision (2) or this subdivision, by a fine of not more than$1,000, by confinement in the county jail for not more than sixmonths, or by both the fine and the confinement.(c)A corporation is not subject to confinement for an offenseunder this section, but two times the maximum fine provided forin the applicable subdivision of Subsection (b) may be imposedagainst the corporation.(d)The judge shall report a conviction under this section tothe Department of Public Safety. The Department of Public Safetyshall keep a record of each conviction.(e)If a corporation does not pay a fine assessed under thissection, the district or county attorney for the county in whichthe 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 HOUSINGSec. 623.091.DEFINITION.In this subchapter, "manufacturedhouse" means "industrialized building" as defined by Chapter1202, Occupations Code, "industrialized housing" as defined byChapter 1202, Occupations Code, or "manufactured home" as definedby Chapter 1201, Occupations Code. The term includes a temporarychassis system or returnable undercarriage used for thetransportation of a manufactured house and a transportablesection of a manufactured house that is transported on a chassissystem or returnable undercarriage and that is constructed sothat it cannot, without dismantling or destruction, betransported 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 inexcess of legal size limits for a motor vehicle may not be movedover a highway, road, or street in this state except inaccordance 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, forthe 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)Theapplication for a permit and the permit must be in the formprescribed by the department. The permit must show:(1)the length, width, and height of the manufactured house andthe towing vehicle in combination;(2)the complete identification or serial number, the Departmentof Housing and Urban Development label number, or the state sealnumber 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 vehiclein combination includes the length of the hitch or towing device.The height is measured from the roadbed to the highest elevationof the manufactured house. The width of the house or sectionincludes any roof or eave extension or overhang on either side.(c)The route must be the shortest distance from the place wherethe transportation begins in this state to the place where thetransportation ends in this state and include divided andinterstate systems, except where construction is in progress orbridge or overpass width or height creates a safety hazard. Acounty or municipality may designate to the department the routeto 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 permitfor the transportation of a manufactured house that begins orends in this state, or provide the essential information in thepermit, to the chief appraiser of the appraisal district in eachcounty in which the transportation begins or ends.(f)If an application for a permit to move a manufactured houseis accompanied by a copy of a writ of possession issued by acourt of competent jurisdiction, the applicant is not required tosubmit the written statement from the chief appraiser set forthin 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 bySection 623.095, the department may issue a permit only to:(1)a person licensed by the Texas Department of Housing andCommunity 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 thepermit is issued shall be affixed to the rear of the manufacturedhouse during transportation and have letters and numbers that areat 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 asingle-trip permit for the transportation of a manufactured houseto:(1)the owner of a manufactured house if:(A)the title to the manufactured house and the title to thetowing vehicle show that the owner of the manufactured house andthe owner of the towing vehicle are the same person; or(B)a lease shows that the owner of the manufactured house andthe 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 coveragerequired by Section 623.103.(c)In lieu of a single-trip permit, the department may issue anannual permit to any person authorized to be issued permits bySection 623.094 for the transportation of new manufactured homesfrom a manufacturing facility to a temporary storage location notto exceed 20 miles from the point of manufacture. A copy of thepermit must be carried in the vehicle transporting a manufacturedhome from the manufacturer to temporary storage. The departmentmay adopt rules concerning requirements for a permit issued underthis 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 afee of $40 for each permit issued under this subchapter.Of eachfee, $19.70 shall be deposited to the credit of the generalrevenue fund and the remainder deposited to the credit of thestate highway fund.(b)The department shall adopt rules concerning fees for eachannual permit issued under Section 623.095(c) at a cost not toexceed $3,000.(c)The department may establish an escrow account for thepayment 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 afive-day period.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 623.098.CAUTION LIGHTS.(a)A manufactured house that iswider than 12 feet must have one rotating amber beacon of notless than eight inches mounted at the rear of the manufacturedhouse on the roof or one flashing amber light mounted at eachrear corner of the manufactured house approximately six feetabove ground level. In addition, the towing vehicle must have onerotating amber beacon of not less than eight inches mounted ontop of the cab.(b)Each beacon shall be operated during a move under a permitand 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 housethat is wider than 16 feet, but is not wider than 18 feet, musthave 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 bepreceded and followed by escort flag vehicles while moving over ahighway, 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 ofthe 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 eightinches high stating "wide load."(d)Two transportable sections of a multisection manufacturedhouse or two single-section manufactured houses towed in convoyare considered one house for purposes of the escort flag vehiclerequirements of this section if the distance between the two doesnot exceed 1,000 feet.(e)The department shall publish and annually revise a map orlist of the bridges or overpasses that because of height or widthrequire an escort flag vehicle to stop oncoming traffic while amanufactured house crosses the bridge or overpass.(f)An escort flag vehicle may not be required under thissubchapter 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)Movementauthorized by a permit issued under this subchapter may be madeon any day, except a national holiday, but shall be made onlyduring daylight hours.(b)The department may limit the hours for travel on certainroutes because of heavy traffic conditions.(c)The department shall publish the limitation on movementsprescribed by this section and the limitations adopted underSubsection (b) and shall make the publications available to thepublic. Each limitation adopted by the department must be madeavailable 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 housetrailer may not be towed in excess of the posted speed limit or55 miles per hour, whichever is less.(b)In this section, "house trailer" has the meaning assigned bySection 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 vehicleand a manufactured house must be capable of stopping the vehicleand house from an initial velocity of 20 miles per hour in notmore than 40 feet.(b)Each manufactured house must be equipped with a wiringharness during transportation over a roadway to provide on therear 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 amanufactured house shall be covered by liability insurance of notless 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 personcommits an offense if the person violates this subchapter. Anoffense under this subsection is a Class C misdemeanor, except asprovided by Subsection (d).(b)A person convicted of an offense under Subsection (a) mayalso be assessed a civil penalty of not less than $200 or morethan $500 for failure to:(1)obtain a permit;(2)have a required rotating amber beacon on the manufacturedhouse 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 Cmisdemeanor; and(2)shall be paid to the county in which the person wasconvicted.(d)Except as provided by Subsection (e), if the offenseinvolves the movement of a manufactured house over a highway,road, or street in this state without a permit issued by thedepartment, the offense is a misdemeanor punishable by a fine of$1,000.(e)If it is shown on the trial of an offense punishable underSubsection (d) that the defendant has previously been punishedunder 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 amanufactured home over a highway, road, or street in this state;and(2)knows the other person is not authorized by law to move thehome.(b)An offense under this section is a misdemeanor punishable bya fine of $1,000.Added by Acts 2003, 78th Leg., ch. 338, Sec. 49, eff. June 18,2003.SUBCHAPTER F. PORTABLE BUILDING UNITSSec. 623.121.PERMIT TO MOVE PORTABLE BUILDING UNIT.(a)Thedepartment may issue a permit to a person to operate equipment tomove over a state highway one or more portable building unitsthat in combination with the towing vehicle are in excess of thelength or width limitations provided by law but less than 80 feetin length.(b)The length limitation in this section does not apply to atruck-tractor or truck-tractor combination towing or carrying theportable building units.(c)In this section, "portable building unit" means theprefabricated structural and other components incorporated anddelivered by the manufacturer as a complete inspected unit with adistinct serial number. The term includes a fully assembledconfiguration, a partially assembled configuration, or a kit orunassembled 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)Amunicipality having a state highway in its territory shalldesignate to the department the route in the municipality to beused by equipment described by Section 623.121 moving over thestate highway. The department shall show the designated route oneach map routing the equipment.(b)If a municipality does not designate a route, the departmentshall determine the route to be used by the equipment on thestate highway within the municipality.(c)A municipality may not require a fee or license for movementof a portable building unit on the route of a state highwaydesignated 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 underSection 623.121 must:(1)be in writing;(2)state the make and model of the portable building unit orunits;(3)state the length and width of the portable building unit orunits;(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 buildingunit or units and towing vehicle;(7)state each highway over which the portable building unit orunits 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 beaccompanied by a fee of $15.(b)The department shall send each fee collected under thissection to the comptroller.Of each fee received from thedepartment, the comptroller shall deposit $7.50 to the credit ofthe general revenue fund and $7.50 to the credit of the statehighway 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 thissubchapter must:(1)contain the name of the applicant;(2)be dated and signed by the director of the department, adivision engineer, or a designated agent;(3)state the make and model of the portable building unit orunits 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 buildingunit or units and towing vehicle; and(6)state each highway over which the portable building unit orunits are to be moved.(b)A permit is valid if it is substantially in the formprovided 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 thissubchapter is effective for a 10-day period and valid only for asingle continuous movement.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 623.128.TIME OF MOVEMENT.Movement authorized by a permitissued under this subchapter shall be made only during daylighthours.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 623.129.ESCORT FLAG VEHICLE.The escort flag vehiclerequirements provided by Section 623.099 apply to the movement ofportable building units and compatible cargo under thissubchapter as if such building units and cargo were amanufactured 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 thissubchapter may authorize the movement of cargo, other than aportable building unit, manufactured, assembled, or distributedby a portable building unit manufacturer, as an authorizeddistributor if:(1)the movement is conducted by employees of the manufactureror by independent drivers and equipment under exclusive contractto the manufacturer during the movement;(2)the movement is to or from a location where themanufacturer's building units may be legally stored, sold, ordelivered; and(3)the cargo is compatible with the movement of portablebuilding units in that:(A)the cargo does not cause the load to exceed applicableheight or weight limits; and(B)the cargo is loaded to properly distribute weight, width,and height to maximize safety and economy without exceeding sizeor weight limits authorized for movement of portable buildingunits.(b)If cargo moved under this section exceeds any width limitthat would apply to the cargo if it were moved in a manner notgoverned by this section, the department shall collect an amountequal to any fee that would apply to movement of the cargo if thecargo were moved in a manner not governed by this section inaddition 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 MACHINERYSec. 623.141.OPTIONAL PROCEDURE.This subchapter provides anoptional procedure for the issuance of a permit for the movementof oversize or overweight oil well servicing or oil well drillingmachinery and equipment.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 623.142.PERMIT TO MOVE OIL WELL SERVICING OR DRILLINGMACHINERY.(a)The department may, on application, issue apermit for the movement over a road or highway under thejurisdiction of the department of a vehicle that:(1)is a piece of fixed-load mobile machinery or equipment usedto service, clean out, or drill an oil well; and(2)cannot comply with the restrictions set out in Subchapter Cof Chapter 621 and Section 621.101.(b)The department may not issue a permit under this sectionunless the vehicle may be moved without material damage to thehighway 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)Amunicipality having a state highway in its territory maydesignate to the department the route in the municipality to beused by a vehicle described by Section 623.142 operating over thestate highway. When the route is designated, the department shallshow the route on each map routing the vehicles.(b)If a municipality does not designate a route, the departmentshall determine the route to be used by a vehicle on a statehighway in the municipality.(c)A municipality may not require a fee, permit, or license formovement of vehicles on the route of a state highway designatedby 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 thissubchapter may be issued only if the vehicle is registered underChapter 502 for the maximum gross weight applicable to thevehicle under Section 621.101 or has the distinguishing licenseplates as provided by Section 504.504 if applicable to thevehicle.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 TexasTransportation Commission by rule shall provide for the issuanceof permits under this subchapter. The rules must include eachmatter the commission determines necessary to implement thissubchapter and:(1)requirements for forms and procedures used in applying for apermit;(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 forone trip only or for a period established by the commission.(b)In adopting a rule or establishing a fee, the commissionshall 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 forwhich the permit is requested;(4)the fees paid by vehicles operating within legal limits;(5)the suitability of roadways and subgrades on the variousclasses of highways of the system;(6)the variation in soil grade prevalent in the differentregions 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 tohighway users.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 623.146.VIOLATION OF RULE.A permit under this subchapteris void on the failure of an owner or the owner's representativeto comply with a rule of the commission or with a conditionplaced on the permit, and immediately on the violation, furthermovement over the highway of an oversize or overweight vehicleviolates the law regulating the size or weight of a vehicle on apublic highway.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 623.147.DEPOSIT OF FEE IN STATE HIGHWAY FUND.A feecollected under this subchapter shall be deposited to the creditof 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 issuinga permit under this subchapter, the department does not guaranteethat a highway can safely accommodate the movement.(b)The owner of a vehicle involved in the movement of anoversize or overweight vehicle, even if a permit has been issuedfor the movement, is strictly liable for any damage the movementcauses the highway system or any of its structures orappurtenances.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 623.149.DETERMINATION WHETHER VEHICLE SUBJECT TOREGISTRATION OR ELIGIBLE FOR DISTINGUISHING LICENSE PLATE.(a)The department may establish criteria to determine whether oilwell servicing, oil well clean
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  • 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

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