HBA-ALS H.B. 1538 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1538 By: Uher Transportation 2/26/1999 Introduced BACKGROUND AND PURPOSE Under current law, the permitting system for a carrier to operate oversized and superheavy equipment is "vehicle-specific" in that each permit is issued to a specific vehicle and is nontransferable unless the vehicle is destroyed. The purpose of this legislation is to allow a motor carrier to obtain an annual permit to operate any oversized or superheavy vehicle if the vehicle is properly registered, rather than obtaining a permit for each specific vehicle. In addition, the department is currently 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 do not provide meaningful information since the permits that are the subject of the report are not issued according to specific routes and dates. H.B. 1538 allows the Texas Department of Transportation (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.