HBA-MPM, ALS H.B. 1538 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1538
By: Uher
Transportation
8/11/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the permitting system for a carrier to
operate oversized and superheavy equipment was "vehicle-specific" in that
each permit was issued to a specific vehicle and was nontransferable unless
the vehicle was destroyed.  The purpose of this legislation was to allow a
motor carrier to obtain an annual permit to operate any oversized or
superheavy vehicle if the vehicle was properly registered, rather than
obtaining a permit for each specific vehicle. In addition, the Texas
Department of Transportation (department) was required to report biennially
the cumulative effects of these permits on the state highway system to the
lieutenant governor and the speaker of the house.  However, these types of
reports did not provide meaningful information since the permits that were
the subject of the report were not issued according to specific routes and
dates. 

H.B. 1538 allows the department to issue an annual permit to a motor
carrier, which does not authorize the carrier to operate more than one
vehicle at the same time and which is required to be carried in the vehicle
being used to move equipment.  H.B. 1538 also eliminates the department's
reporting requirement describing the cumulative effects of permits issued
on the state highway system. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Sections 623.071(d)-(g), Transportation Code, to
authorize the Department of Transportation (department) to issue an annual
permit to a motor carrier under Section 643.001, Transportation Code,
allowing the motor carrier to operate two or more vehicles to move
superheavy or oversize equipment under Subsection (c)(3), Section
623.071,Transportation Code, on a state highway.  Provides that an
application for such a permit must be on a form prescribed by the
department and must include a description of each vehicle that is to be
operated by the motor carrier under the permit.  Prohibits a permit from
authorizing the operation of more than one vehicle at the same time, and
provides that a permit must be carried in the permitted vehicle that is
moving the equipment. Deletes language requiring the department to submit a
report describing the cumulative effects on the state highway system,
including county roads, of permits issued under Subsection (c)(3) during
the previous two-year period, to the lieutenant governor and speaker of the
house of representatives by December 1 of each even-numbered year.
Redesignates existing Subsections (d)(f) to Subsections (e)-(g),
respectively. 

SECTION 2.   Amends Section 623.076(c), Transportation Code, to make a
conforming change. 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.