Proposed Rules Title 43

TITLE 43. TRANSPORTATION

PART 1. TEXAS DEPARTMENT OF TRANSPORTATION

CHAPTER 1. MANAGEMENT

SUBCHAPTER F. ADVISORY COMMITTEES

The Texas Department of Transportation (department) proposes the amendments to §1.84, Statutory Advisory Committees, and §1.88, Duration of Advisory Committees.

EXPLANATION OF PROPOSED AMENDMENTS

The department's rules provide, in accordance with Government Code, §2110.008, that each of the commission's or department's advisory committees created by statute or by the commission or department is abolished on December 31, 2023. The commission has reviewed the need to continue the existence of those advisory committees beyond that date. The commission recognizes that the continuation of some of the existing advisory committees is necessary for improved communication between the department and the public and this rulemaking extends the duration of specified advisory committees for that purpose.

Amendments to §1.84, Statutory Advisory Committees, delete the references to and information about the Urban Air Mobility Advisory Committee because the statute creating that advisory committee, Transportation Code, §21.004, expired January 1, 2023. The amendments add provisions relating to the new Advanced Air Mobility Advisory Committee, created under Transportation Code, Section 21.0045, which was added by S.B. 2144, Acts of the 88th Legislature, Regular Session.

Amendments to §1.88, Duration of Advisory Committees, extend the dates on which the various advisory committees will be abolished.

FISCAL NOTE

Stephen Stewart, Chief Financial Officer, has determined, in accordance with Government Code, §2001.024(a)(4), that for each of the first five years in which the proposed rules are in effect, there will be no fiscal implications for state or local governments as a result of the department's or commission's enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Brandye Hendrickson, Deputy Executive Director, has determined that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the proposed rules and therefore, a local employment impact statement is not required under Government Code, §2001.022.

PUBLIC BENEFIT

Ms. Hendrickson has determined, as required by Government Code, §2001.024(a)(5), that for each year of the first five years in which the proposed rules are in effect, the public benefit anticipated as a result of enforcing or administering the rules will be improved accuracy of the rules and improved communication between the department and the public.

COSTS ON REGULATED PERSONS

Ms. Hendrickson has also determined, as required by Government Code, §2001.024(a)(5), that for each year of that period there are no anticipated economic costs for persons, including a state agency, special district, or local government, required to comply with the proposed rules and therefore, Government Code, §2001.0045, does not apply to this rulemaking.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS

There will be no adverse economic effect on small business, micro-business, or rural communities, as defined by Government Code, §2006.001, and therefore, an economic impact statement and regulatory flexibility analysis are not required under Government Code, §2006.002.

GOVERNMENT GROWTH IMPACT STATEMENT

Ericka Kemp has considered the requirements of Government Code, §2001.0221 and anticipates that the proposed rules will have no effect on government growth. She expects that during the first five years that the rule would be in effect:

(1) it would not create or eliminate a government program;

(2) its implementation would not require the creation of new employee positions or the elimination of existing employee positions;

(3) its implementation would not require an increase or decrease in future legislative appropriations to the agency;

(4) it would not require an increase or decrease in fees paid to the agency;

(5) it would not create a new regulation;

(6) it would not expand, limit, or repeal an existing regulation;

(7) it would not increase or decrease the number of individuals subject to its applicability; and

(8) it would not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

Ms. Hendrickson has determined that a written takings impact assessment is not required under Government Code, §2007.043.

SUBMITTAL OF COMMENTS

Written comments on the amendments to §§1.84 and 1.88, may be submitted to Rule Comments, General Counsel Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483 or to RuleComments@txdot.gov with the subject line "Advisory Committees." The deadline for receipt of comments is 5:00 p.m. on October 2, 2023. In accordance with Transportation Code, §201.811(a)(5), a person who submits comments must disclose, in writing with the comments, whether the person does business with the department, may benefit monetarily from the proposed amendments, or is an employee of the department.

STATUTORY AUTHORITY

The amendments and repeal are proposed under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §201.117, which provides the commission with the authority to establish, as it considers necessary, advisory committees on any of the matters under its jurisdiction, and Government Code, §2110.008, which provides that a state agency by rule may designate the date on which an advisory committee will automatically be abolished.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Government Code, Chapter 2110, and Transportation Code, §§21.003, 21.0045, 201.114, 201.117, 201.623, and 455.004.

§1.84.Statutory Advisory Committees.

(a) Aviation Advisory Committee.

(1) Purpose. Created pursuant to Transportation Code, §21.003, the Aviation Advisory Committee provides a direct link for general aviation users' input into the Texas Airport System. The committee provides a forum for exchange of information concerning the users' view of the needs and requirements for the economic development of the aviation system. The members of the committee are an avenue for interested parties to utilize to voice their concerns and have that data conveyed for action for system improvement. Additionally, committee members are representatives of the department and its Aviation Division, able to furnish data on resources available to the Texas aviation users.

(2) Membership. The commission will appoint nine members to staggered terms of three years with three members' terms expiring August 31 of each year. A majority of the members of the committee must have five years of successful experience as an aircraft pilot, an aircraft facilities manager, or a fixed-base operator. A member may not serve more than three consecutive terms on the committee.

(3) Duties. The committee shall:

(A) periodically review the adopted capital improvement program;

(B) advise the commission on the preparation and adoption of an aviation facilities development program;

(C) advise the commission on the establishment and maintenance of a method for determining priorities among locations and projects to receive state financial assistance for aviation facility development;

(D) advise the commission on the preparation and update of a multi-year aviation facilities capital improvement program; and

(E) perform other duties as determined by order of the commission.

(4) Meetings. The committee shall meet once a calendar year and such other times as requested by the Aviation Division Director.

(5) Rulemaking. Section 1.83 of this subchapter (relating to Rulemaking) does not apply to the Aviation Advisory Committee.

(b) Public Transportation Advisory Committee.

(1) Purpose. Created pursuant to Transportation Code, §455.004, the Public Transportation Advisory Committee provides a forum for the exchange of information between the department, the commission, and committee members representing the transit industry and the general public. Advice and recommendations expressed by the committee provide the department and the commission with a broader perspective regarding public transportation matters that will be considered in formulating department policies.

(2) Membership. Members of the Public Transportation Advisory Committee shall be appointed and shall serve pursuant to Transportation Code, §455.004.

(3) Duties. The committee shall:

(A) advise the commission on the needs and problems of the state's public transportation providers, including recommending methods for allocating state public transportation funds if the allocation methodology is not specified by statute;

(B) comment on proposed rules or rule changes involving public transportation matters during their development and prior to final adoption unless an emergency requires immediate action by the commission;

(D) perform other duties as determined by order of the commission.

(4) Meetings. The committee shall meet as requested by the commission or the division designated under §1.82(f) of this subchapter (relating to Statutory Advisory Committee Operations and Procedures).

(5) Public transportation technical committees.

(A) The Public Transportation Advisory Committee may appoint one or more technical committees to advise it on specific issues, such as vehicle specifications, funding allocation methodologies, training and technical assistance programs, and level of service planning.

(B) A technical committee shall report any findings and recommendations to the Public Transportation Advisory Committee.

(1) Purpose. Created pursuant to Transportation Code, §55.006, the purpose of the Port Authority Advisory Committee is to provide a forum for the exchange of information between the commission, the department, and committee members representing the maritime port industry in Texas and others who have an interest in maritime ports. The committee's advice and recommendations will provide the commission and the department with a broad perspective regarding maritime ports and transportation-related matters to be considered in formulating department policies concerning the Texas maritime port system.

(2) Membership. Members shall be appointed pursuant to Transportation Code, §55.006. Members appointed by the commission serve staggered three-year terms unless removed sooner at the discretion of the commission.

(3) Duties. The committee shall:

(A) prepare a maritime port mission plan, in accordance with Transportation Code, §55.008 and submit the plan to the governor, lieutenant governor, speaker of the house of representatives and commission not later than December 1 of each even-numbered year;

(B) review each project eligible to be funded under Transportation Code, Chapter 55, and make recommendations for approval or disapproval to the department; and

(4) Meeting. The committee shall meet at least semiannually and such other times as requested by the commission, the executive director, or the executive director's designee. The chair may request the department to call a meeting.

(d) Border Trade Advisory Committee.

(1) Purpose. Created pursuant to Transportation Code, §201.114, the Border Trade Advisory Committee provides a forum for the exchange of communications among the commission, the department, the governor, and committee members representing border trade interests. The committee's advice and recommendations will provide the governor, the commission, and the department with a broad perspective regarding the effect of transportation choices on border trade in general and on particular communities. The members of the committee also provide an avenue for interested parties to express opinions with regard to border trade issues.

(2) Membership. The border commerce coordinator designated under Government Code, §772.010, shall serve as the chair of the committee. The commission will appoint the other members of the committee in accordance with Transportation Code, §201.114. The commission will appoint members to staggered three-year terms expiring on August 31 of each year, except that the commission may establish terms of less than three years for some members in order to stagger terms.

(3) Duties. The committee shall:

(A) define and develop a strategy for identifying and addressing the highest priority border trade transportation challenges;

(B) make recommendations to the commission regarding ways in which to address the highest priority border trade transportation challenges;

(D) perform other duties as determined by the commission, the executive director, or the executive director's designee.

(4) Meetings. The committee shall meet at least once a calendar year. The dates and times of meetings shall be set by the committee. The committee shall also meet at the request of the department.

(5) Rulemaking. Sections 1.82(i) and 1.83 of this subchapter do not apply to the Border Trade Advisory Committee.

(e) I-27 Advisory Committee.

(1) Purpose. Created pursuant to Transportation Code, §201.623, the purpose of the I-27 Advisory Committee, as stated in subsection (b) of that section, is to provide the department with information on concerns and interests along the Ports-to-Plains Corridor, which is specified in Transportation Code, §225.069, and advise the department on transportation improvements impacting the Ports-to-Plains Corridor.

(2) Membership. Composition of the committee is provided by Transportation Code, §201.623(c) and (d). A member serves in accordance with §201.623(e). The chair and vice-chair of the committee are elected in accordance with §201.623(g).

(3) Duty. The duty of committee is to provide to the department the information and advice on the Ports-to-Plains Corridor for which it was formed.

(4) Meeting. In accordance with Transportation Code, §201.623(h), the committee shall meet at least twice each state fiscal year and at other times, as requested by the department or the chair.

(5) Compensation. In accordance with Transportation Code, §201.623(i), an advisory committee member is not entitled to receive compensation for service on the committee or reimbursement for expenses incurred in the performance of official duties as a member of the committee.

(f) Advanced [~~Urban~~] Air Mobility Advisory Committee.

(1) Purpose. Created pursuant to Transportation Code, §21.0045 [~~§21.004~~], the purpose of the Advanced [~~Urban~~] Air Mobility Advisory Committee, as stated in subsection (b) [~~(a)~~] of that section, is to assess current state law and any potential changes to state law that are needed to facilitate the implementation [~~development~~ ] of advanced [~~urban~~] air mobility technology [~~operations and infrastructure~~] in this state.

(2) Membership. The committee is composed of members appointed by the commission in accordance with Transportation Code, §21.0045(c) [~~§21.004(b)~~].

(3) Duty. Not later than November 1, 2024 [~~September 1, 2022~~], the committee shall submit [~~report~~ ] to the commission and [~~to the members of~~] the legislature a written report that includes the committee's findings and recommendations on any changes to state law that are needed to facilitate the implementation [~~development~~] of advanced [~~urban~~] air mobility technology in this state [~~operations and infrastructure~~].

(4) Meeting. The committee shall hold public hearings and receive comments in accordance with Transportation Code, §21.0045(d)

[~~§21.004(c)~~]. §1.88.Duration of Advisory Committees.

(a) Except as provided by this section, each statutory advisory committee or department advisory committee is abolished on December 31, 2023 [~~2021~~].

(b) The following advisory committees are abolished on December 31, 2025 [~~2023~~]:

(1) a statutory or department advisory committee created after December 31, 2023 [~~2021~~];

(2) the Aviation Advisory Committee;

(3) the Public Transportation Advisory Committee;

(4) the Port Authority Advisory Committee;

(5) the Bicycle and Pedestrian Advisory Committee;

(6) the Freight Advisory Committee; and

(7) the Commission for High-Speed Rail in the Dallas/Fort Worth Region.

(c) A corridor segment advisory committee created under §1.87 of this subchapter (relating to Corridor Segment Advisory Committees) after December 31, 2023 [~~2021~~] is abolished on the date provided in the minute order creating the committee or if a date is not provided in the order, on the earlier of:

(1) the date of the completion of the segment for which the committee was created; or

(2) December 31, 2025 [~~2023~~].

(d) This section does not apply to the Border Trade Advisory Committee or the I-27 Advisory Committee.

(e) The Advanced [~~Urban~~] Air Mobility Advisory Committee is abolished on January 1, 2025 [~~2023~~], as provided by Transportation Code, §21.0045(f) [~~§21.004(e)~~].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 16, 2023.

TRD-202303011

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: October 1, 2023

For further information, please call: (512) 463-3164

PART 10. TEXAS DEPARTMENT OF MOTOR VEHICLES

CHAPTER 206. MANAGEMENT

SUBCHAPTER E. ADVISORY COMMITTEES

43 TAC §§206.92, 206.93, 206.98

INTRODUCTION. The Texas Department of Motor Vehicles (department) proposes to amend 43 Texas Administrative Code (TAC) §206.92 and §206.93. The department also proposes new 43 TAC §206.98. New §206.98 is necessary to implement Transportation Code, §643.155, which requires the department to appoint an advisory committee to make recommendations to the department to modernize and streamline certain rules regarding the protection of consumers of motor carriers transporting household goods. The amendments update §206.92 to address the addition of §206.98. Additionally, the amendments to §206.93 remove language that is already in statute, make the language consistent with the statute and other rules in Subchapter E of this chapter, and correct grammatical errors.

EXPLANATION.

Proposed new §206.98 would create the Household Goods Rules Advisory Committee (HGRAC) as a stand-alone advisory committee pursuant to Transportation Code, §643.155, which requires the department to appoint a rules advisory committee consisting of representatives of motor carriers transporting household goods, the public, and the department.

The department previously had a stand-alone HGRAC, which met multiple times in 2015 and 2016 and provided the board of the Texas Department of Motor Vehicles (board) with recommendations regarding rules that the board adopted under Transportation Code, §643.153(a) and (b). The department may need advice and recommendations from the HGRAC when the department performs the rule review of Chapter 218 of this title pursuant to Government Code, §2001.039.

The department merged the functions of the prior HGRAC into the current Customer Service and Protection Advisory Committee (CSPAC) under §206.97. However, Transportation Code, §643.155 requires that the rules advisory committee pertaining to motor carriers transporting household goods include department representatives. In contrast, Transportation Code, §1001.031 does not require department representatives to serve on the advisory committee that considers other consumer protection and customer service issues. Therefore, dividing the advisory committees so that the committee on which department employees serve considers only rules involving motor carriers transporting household goods would allow the most efficient use of department employees' time. For these reasons, proposed new §206.98 would create HGRAC as a stand-alone advisory committee with the limited scope authorized by Transportation Code, §643.155, and would set in rule its purpose, tasks, reporting requirements, and expiration, in accordance with Government Code, Chapter 2110.

The proposed amendment to §206.92 would expand the definition of "advisory committee" by adding Transportation Code, §643.155 as a statute under which an advisory committee may be created. Transportation Code, §643.155 is the statute that requires the department to have an advisory committee for rules involving motor carriers transporting household goods. This would clarify the basis for the creation of HGRAC.

Proposed amendments to §206.93(a) and (b) would allow the advisory committees to report to the department by providing recommendations either to the board or to the executive director. This would create more flexibility in how the committees report and would make the language consistent with the definition of "advisory committee" in §206.92(1) and with Transportation Code, §1001.031(a).

Another proposed amendment to §206.93(a) would clarify that the department or board can request the advice and recommendations of the advisory committees on any issue. This would guarantee as much flexibility as possible in the issues presented to the advisory committees.

Proposed amendments to §206.93(d) would remove the requirement that advisory committee members have an interest or expertise in the subject area of the advisory committee. This language is redundant with the statutory language that is already contained in Transportation Code, §1001.031 and is therefore unnecessary.

A proposed amendment to §206.93(i) would remove an unnecessary hyphen to clarify and correct a grammatical error.

FISCAL NOTE AND LOCAL EMPLOYMENT IMPACT STATEMENT. Glenna Bowman, Chief Financial Officer, has determined that for each year of the first five years the new section and amendments will be in effect, there will be no fiscal impact to state or local governments as a result of the enforcement or administration of the proposal. Jimmy Archer, Director of the Motor Carrier Division and Corrie Thompson, Director of the Enforcement Division, have determined that there will be no measurable effect on local employment or the local economy as a result of the proposal.

PUBLIC BENEFIT AND COST NOTE. Mr. Archer and Ms. Thompson have also determined that, for each year of the first five years the new and amended sections are in effect, there are several public benefits anticipated because of increased opportunities for stakeholders and the public to provide input into rulemaking and policy development by the department on the issue of motor carriers transporting household goods.

Anticipated Costs to Comply with the Proposal. Mr. Archer and Ms. Thompson anticipate that there will be no costs to comply with the new section and amendments because the new section and amendments do not establish any additional requirements on regulated persons. Advisory committee members serve on a voluntary basis.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS. As required by Government Code, §2006.002, the department has determined that the proposed new section and amendments will not have an adverse economic effect on small businesses, micro-businesses, and rural communities because the new section and amendments do not add new requirements on, or directly affect, small businesses, micro-businesses, or rural communities. The proposed new section and amendments do not require small businesses, micro-businesses, or rural communities to comply. Therefore, the department is not required to prepare a regulatory flexibility analysis under Government Code, §2006.002.

TAKINGS IMPACT ASSESSMENT. The department has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT STATEMENT. The department has determined that each year of the first five years the proposed new section and amendments are in effect, no government program would be created or eliminated. Implementation of the proposed new section and amendments would not require the creation of new employee positions or elimination of existing employee positions. Implementation would not require an increase or decrease in future legislative appropriations to the department or an increase or decrease of fees paid to the department. The proposed amendments create a new regulation in proposed new §206.98, which creates the HGRAC. The proposed amendments do not expand, limit, or repeal an existing regulation. Lastly, the proposed new section and amendments do not affect the number of individuals subject to the applicability of the rules and will not affect this state's economy.

REQUEST FOR PUBLIC COMMENT. If you want to comment on the proposal, submit your written comments by 5:00 p.m. CDT on October 1, 2023. A request for a public hearing must be sent separately from your written comments. Send written comments or hearing requests by email to rules@txdmv.gov or by mail to Office of General Counsel, Texas Department of Motor Vehicles, 4000 Jackson Avenue, Austin, Texas 78731. If a hearing is held, the department will consider written comments and public testimony presented at the hearing.

STATUTORY AUTHORITY. The department proposes amendments to §206.92 and §206.93 and proposes new §206.98 under Transportation Code, §643.155, which authorizes the department to adopt rules to create a rules advisory committee consisting of representatives of motor carriers transporting household goods using small, medium, and large equipment, the public, and the department; Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department; Government Code, §2110.005, which requires state agencies establishing advisory committees to make rules stating the purpose and tasks of the committee and describing the manner in which the committee will report to the agency; and Government Code, §2110.008, which allows state agencies establishing advisory committees make rules designating the date an advisory committee will be abolished.

CROSS REFERENCE TO STATUTE. Transportation Code Chapters 643 and 1001; Government Code Chapter 2110.

§206.92.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Advisory Committee--Any committee created by the board to make recommendations to the board or the executive director pursuant to Transportation Code, §1001.031 and §643.155.

(2) Board--The board of the Texas Department of Motor Vehicles.

(3) Department--The Texas Department of Motor Vehicles.

(4) Division director--The chief administrative officer in charge of a division of the department.

(5) Executive director--The chief executive officer of the Texas Department of Motor Vehicles.

(6) Member--An appointed member of an advisory committee created under this subchapter.

(7) Presiding officer--The presiding officer of an advisory committee elected by the membership of the advisory committee created under this subchapter.

§206.93.Advisory Committee Operations and Procedures.

(a) Role of advisory committee. The role of an advisory committee under this subchapter is to provide advice and recommendations to the board or the executive director. Advisory committees shall meet and carry out their functions upon a request from the department or board for advice and recommendations on any issues. [~~an issue(s).~~]

(b) Appointment of advisory committee. The board shall appoint members to an advisory committee by selecting potential members from a list provided to the board by the executive director. Each advisory committee shall elect from its members a presiding officer, who shall report the advisory committee's recommendations to the board or the executive director. The executive director may designate a division or divisions of the department to participate with, or to provide subject-matter expertise, guidance, or administrative support to the advisory committee as necessary.

(c) Member qualifications. Members shall have knowledge about and interests in, and represent a broad range of viewpoints about, the work of the committee or applicable division(s). Board members shall not serve as advisory committee members.

(d) Composition of advisory committees. In making appointments to the advisory committees, the board shall, to the extent practical, ensure representation of members from diverse geographical regions of the state [~~who have an interest or expertise in the subject area of the particular advisory committee~~].

(e) Committee size and quorum requirements. An advisory committee shall be composed of a reasonable number of members not to exceed 24 as determined by the board. A simple majority of advisory committee members will constitute a quorum. An advisory committee may only deliberate on issues within the jurisdiction of the department or any public business when a quorum is present.

(f) Terms of service. Advisory committee members will serve terms of four years. A member will serve on the committee until the member resigns, is dismissed or replaced by the board, or the member's term expires.

(g) Member training requirements. Each member of an advisory committee must receive training regarding the Open Meetings Act, Government Code, Chapter 551; and the Public Information Act, Government Code, Chapter 552.

(h) Compliance with Open Meetings Act. The advisory committee shall comply with the Open Meetings Act, Government Code, Chapter 551.

(i) Public input and participation. The advisory committee shall accept public comments made in person [~~in-person~~] at advisory committee meetings or submitted in writing. Public comments made in writing should be submitted to the advisory committee five business days in advance of the advisory committee meeting with sufficient copies for all members.

(j) Reporting recommendations. Recommendations of the advisory committee shall be reported to the board at a board meeting prior to board action on issues related to the recommendations. The recommendations shall be in writing and include any necessary supporting materials. The presiding officer of the advisory committee or the presiding officer's designee may appear before the board to present the committee's advice and recommendations. This subsection does not limit the ability of the advisory committee to provide advice and recommendations to the executive director as necessary.

(k) Board use of advisory committee recommendations. In developing department policies, the board shall consider the written recommendations and reports submitted by advisory committees.

(l) Reimbursement. The department may, if authorized by law and the executive director, reimburse advisory committee members for reasonable and necessary travel expenses.

(m) Expiration dates for advisory committees. Unless a different expiration date is established by the board for the advisory committee, each advisory committee is abolished on the fourth anniversary of its creation by the board.

§206.98.Household Goods Rules Advisory Committee (HGRAC).

(a) The HGRAC is created to make recommendations, as requested by the department or board, to modernize and streamline the rules adopted under Transportation Code §643.153(a) and (b).

(b) The HGRAC shall comply with the requirements of §206.93 of this title (relating to Advisory Committee Operations and Procedures).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 17, 2023.

TRD-202303032

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: October 1, 2023

For further information, please call: (512) 465-4160

CHAPTER 211. CRIMINAL HISTORY OFFENSE AND ACTION ON LICENSE

SUBCHAPTER A. CRIMINAL OFFENSE AND ACTION ON LICENSE

43 TAC §211.6

INTRODUCTION. The Texas Department of Motor Vehicles (department) proposes to amend 43 Texas Administrative Code (TAC) §211.6 concerning fingerprint requirements for license applicants and holders. These amendments are consistent with House Bill (HB) 4123, 88th Legislature, Regular Session (2023), which clarified the department's existing authority under Texas Government Code, §411.122 to require fingerprints as part of the license application process for licenses issued under Occupations Code Chapters 2301 and 2302 and Transportation Code, Chapter 503. Fingerprint requirements prevent application fraud in two important ways - by verifying identify and by allowing the department to obtain a complete and comprehensive criminal background check from both the Texas Department of Public Safety (DPS) and the Federal Bureau of Investigation (FBI) prior to issuing a license. The current rule references only General Distinguishing Numbers issued under Transportation Code 503, so this rule proposal amends §211.6 to make it possible for the department to require fingerprinting for all license types in the future, if the department chooses to subsequently propose amendments to Chapter 215 or 221 of this title to add fingerprint requirements for a specific license type.

The department proposes changes to the title of §211.6 and amendments to subsections to clarify that additional license types may be designated by rule to require fingerprinting. The proposed amendments would consolidate the language that currently appears in subsection (c) into subsection (b), would revise language for clarity and ease of understanding, and would add new language to subsection (c) to inform the public that the department will first review an application and then notify the applicant or license holder which specific persons will be required to provide fingerprints.

EXPLANATION.

The title of §211.6 is proposed to be amended to reflect that the fingerprint requirements of this section will apply to all license types designated in Chapters 215 and 221 of this title as requiring fingerprinting for licensure. This may include licenses other than general distinguishing numbers if the department amends Chapters 215 and 221 of this title in the future. This amendment is necessary to describe more accurately the department's authority under Texas Government Code, §411.122 and §411.12511 to implement fingerprint requirements.

Proposed amendments to subsections (a) and (b) would delete references to a General Distinguishing Number under Transportation Code, Chapter 503. These amendments are necessary to reflect more accurately the department's authority to implement fingerprint requirements for additional license types through rulemaking.

Other proposed amendments in subsection (a) would specify that the rule will apply to license types designated in Chapter 215 or Chapter 221 of this title as requiring fingerprints for licensure. These amendments are necessary to reflect more accurately the department's authority to implement fingerprint requirements for additional license types through rulemaking, and to clarify for ease of reference which chapters may contain fingerprint requirements for specific license types.

Proposed amendments to subsection (b) would combine language currently in subsections (b) and (c) into amended (b), would make clarifying changes to remove unnecessary language, and would identify the persons that may be subject to a fingerprint requirement. These amendments are proposed to add clarity and for ease of understanding.

Proposed amendments to subsection (c) would replace the existing language that is proposed to be consolidated into subsection (b) with new language clarifying that the department will review each license application, determine which persons need to be fingerprinted, and notify the applicant or license holder. This amendment is necessary to inform the public, including applicants and license holders, that the department must first review the application and department licensing records to determine which persons are required to be fingerprinted, before then notifying the applicant of which individuals must submit fingerprints.

FISCAL NOTE AND LOCAL EMPLOYMENT IMPACT STATEMENT. Glenna Bowman, Chief Financial Officer, has determined that for each year of the first five years the amendments will be in effect, there will be no significant fiscal impact to state or local governments as a result of the enforcement or administration of the proposal. Monique Johnston, Director of the Motor Vehicle Division, has determined that there will be no measurable effect on local employment or the local economy as a result of the proposal.

PUBLIC BENEFIT AND COST NOTE. Ms. Johnston has also determined that, for each year of the first five years the amended section is in effect, there are several public benefits and no costs anticipated.

Anticipated Public Benefits. The public benefits anticipated as a result of the proposal include clarifying the fingerprinting requirements for licensure by the department. Contingent on additional future rulemaking, the proposed amendments would allow the department the possibility of exercising its full legal authority to fingerprint licensure applicants, verifying the identity of applicants and license holders for more types of licenses and thereby preventing fraudulent applications under false or stolen identities, while giving the department access to more accurate and comprehensive criminal history record information to use in evaluating fitness for licensure under its criminal offense guidelines in §211.3. These amendments, combined with additional future rulemaking, will benefit the public by preventing bad actors with a history of criminal offenses that directly relate to the duties and responsibilities of a license holder from obtaining licenses from the department and using those licenses to perpetrate fraudulent and criminal actions, or otherwise taking advantage of the position of trust created by the license.

Anticipated Costs To Comply With The Proposal. Ms. Johnston anticipates that there will be no additional costs on regulated persons to comply with the fingerprint requirements under this proposal as these amendments alone do not expand fingerprinting requirements or establish fees for fingerprinting or processing criminal background checks. Fees for fingerprinting and access to criminal history reports are established by DPS under the authority of Texas Government Code Chapter 411.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS. In the cost analysis in the Public Benefit and Cost Note section of this proposal, the department has determined that proposed amendments to §211.6 will not result in additional costs for license holders or applicants, including any small businesses, micro-businesses, or rural communities. Therefore, the department is not required to prepare a regulatory flexibility analysis under Government Code, §2006.002.

REQUEST FOR PUBLIC COMMENT.

If you want to comment on the proposal, submit your written comments by 5:00 p.m. CDT on October 1, 2023. A request for a public hearing must be sent separately from your written comments. Send written comments or hearing requests by email to rules@txdmv.gov or by mail to Office of General Counsel, Texas Department of Motor Vehicles, 4000 Jackson Avenue, Austin, Texas 78731. If a hearing is held, the department will consider written comments and public testimony presented at the hearing.

STATUTORY AUTHORITY. The department proposes amendments to §211.6 under Government Code, §411.122(d), which authorizes department access to criminal history record information maintained by DPS; Government Code, §411.12511, which authorizes the department to obtain criminal history record information from DPS and the FBI for license applicants, license holders, and representatives whose act or omission would be cause for denying, revoking, or suspending a general distinguishing number or license issued under Transportation Code, Chapter 503, or Occupations Code, Chapters 2301 and 2302; Occupations Code, §2301.151, which gives the board authority to regulate the distribution, sale and lease of motor vehicles and the authority to take any action that is necessary or convenient to exercise that authority; Occupations Code, §2301.152, which authorizes the board to establish the qualifications of license holders, ensure that the distribution, sale and lease of motor vehicles is conducted as required by statute and board rules, to prevent fraud, unfair practices, discrimination, impositions, and other abuses in connection with the distribution and sale of motor vehicles, and to enforce and administer Occupations Code, Chapter 2301 and Transportation Code, Chapter 503; Occupations Code, §2301.155, which authorizes the board to adopt rules as necessary or convenient to administer Occupations Code, Chapter 2301 and to govern practice and procedure before the board; Occupations Code, §2301.651, which gives the board authority to deny an application for a license, revoke or suspend a license, place on probation, or reprimand a licensee if the applicant or license holder is unfit, makes a material misrepresentation, violates any law relating to the sale, distribution, financing, or insuring of motor vehicles, willfully defrauds a purchaser, or fails to fulfill a written agreement with a retail purchaser of a motor vehicle; Occupations Code, §2302.051, which authorizes the board to adopt rules as necessary to administer Occupations Code, Chapter 2302; Transportation Code, §503.002, which authorizes the board to adopt rules for the administration of Transportation Code, Chapter 503; and Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 411; Occupations Code, Chapters 2301 and 2302; and Transportation Code, Chapters 503 and 1002.

§211.6.Fingerprint Requirements for Designated License Types [~~General Distinguishing Numbers~~].

(a) The requirements of this section apply to applicants for and holders of license types designated in Chapter 215 or Chapter 221 of this title as requiring fingerprints for licensure [~~a general distinguishing number under Transportation Code Chapter 503 for all dealer types under Transportation Code §503.029(a)(6)~~].

(b) Unless previously submitted [~~to the department by an applicant~~ ] for an active license issued by the department [~~under Transportation Code Chapter 503~~], the following persons may be required to [~~a person applying for a new license, license amendment due to change in ownership, or license renewal, must~~] submit a complete and acceptable set of fingerprints to the Texas Department of Public Safety and pay required fees for purposes of obtaining criminal history record information from the Texas Department of Public Safety and the Federal Bureau of Investigation: [.]

(1) a person applying for a new license, license amendment due to change in ownership, or license renewal; and

(2) a person acting in a representative capacity for an applicant or license holder who is required to be listed on a licensing application, including an officer, director, member, manager, trustee, partner, principal, or manager of business affairs.

(c) After reviewing a licensure application and licensing records, the department will notify the applicant or license holder which persons in subsection (b) of this section are required to submit fingerprints to the Texas Department of Public Safety [Persons acting in a representative capacity for an applicant or holder of a license who are required to be listed on a licensing application under §215.133(c) of this title (relating to General Distinguishing Number), including the applicant's or holder's officers, directors, members, managers, trustees, partners, principals, or managers of business affairs, must submit a complete and acceptable set of fingerprints and pay fees to the Texas Department of Public Safety under subsection (b) of this section, unless the person has previously submitted fingerprints related to an active license issued by the department under Transportation Code Chapter 503].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 17, 2023.

TRD-202303031

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: October 1, 2023

For further information, please call: (512) 465-4160

CHAPTER 217. VEHICLE TITLES AND REGISTRATION

SUBCHAPTER B. MOTOR VEHICLE REGISTRATION

43 TAC §217.52

INTRODUCTION. The Texas Department of Motor Vehicles (department) proposes to amend 43 Texas Administrative Code (TAC) §217.52 concerning the marketing of specialty license plates through a private vendor. These proposed amendments are necessary to implement Senate Bill (SB) 702 enacted during the 88th Legislature, Regular Session (2023). SB 702 amends Transportation Code, §504.851, "Contract with Private Vendor," to require a contract entered into by the department and a private vendor for the marketing and sale of specialty license plates to allow the private vendor to establish a range of premium embossed specialty license plates to be sourced, marketed, and sold by the private vendor. Amendments are proposed for: §217.52(h)(5), to establish fees required for embossed background-only license plates; §217.52(h)(7), to clarify that the fees for an auction pattern apply to an embossed license plate design and that the owner of an auction pattern may move the auction pattern to an embossed license plate design under subsection (n); §217.52(h)(8), to establish embossed personalized specialty license plates and the corresponding fees required; renumbered §217.52(h)(9), to expressly retain the grandfathered fees if the board approves a crossover plate under Transportation Code, §504.6011 as an embossed plate design; and §217.52(n), to define "restyled license plate," to include embossed specialty license plates, and to set fees for restyling a plate from non-embossed to embossed.

EXPLANATION.

Texas license plates currently display flat, printed plate numbers. Historically, license plates were stamped to create raised numbers on the plate, known as embossed license plates. SB 702 amended Transportation Code, §504.851 to require the department to allow for the establishment of a range of premium embossed specialty license plates to be sourced, marketed, and sold by the vendor with which the department has entered into a contract. The proposed amendments to §217.52 are necessary to implement SB 702. The proposed amendments would allow vehicle owners the option to purchase embossed specialty license plates if they choose to do so. No person would be required to purchase an embossed license plate and the standard default option would still be a printed plate. The proposed amendments would allow classic car collectors to fully restore cars with historically accurate embossed license plates.

The proposed amendment to §217.52(h) would clarify the rule by using the term "vendor specialty license plates" that is defined in §217.52(a) to provide consistent meaning throughout §217.52.

Proposed amendments to §217.52(h)(5) would implement SB 702 by adding an embossed option for background-only, non-personalized license plates. Proposed amendments to §217.52(h)(5) would clarify that background-only, non-personalized license plates are available as either embossed or non-embossed. Another proposed amendment to §217.52(h)(5) would create fees for issuance for embossed, background-only license plates; however, the amendment would expressly retain the grandfathered fees under re-numbered subsection (h)(9)(C) if the board approves a crossover plate under Transportation Code, §504.6011 as an embossed plate design. These fees are sufficient to cover the department's direct, indirect and administrative costs associated with the department's contract with its specialty license plates vendor and were determined through discussions with the vendor. Other proposed amendments to §217.52(h)(5) would add subparagraphs (A) and (B) to separate the fees for non-embossed, background-only specialty license plates from the fees for embossed, background-only specialty license plates. In addition, proposed amendments to §217.52(h)(5) would add a hyphen between the words "background" and "only" because they are compound modifiers for the term "license plates."

Proposed amendments to §217.52(h)(7) would clarify that the fees for an auction pattern apply to an embossed license plate design and that the owner of an auction pattern may move the auction pattern to an embossed license plate design under subsection (n) regarding a restyled vendor specialty plate design.

Proposed new §217.52(h)(8) would implement SB 702 by creating personalized, embossed specialty license plates. Proposed amendments to §217.52(h)(8) would allow the department's vendor to source, market and sell a range of embossed, personalized specialty license plates with board-approved background and color combinations. Proposed new §217.52(h)(8) would also set fees for issuance of embossed, personalized specialty license plates. Proposed new §217.52(h)(8) would also clarify that the fees under subsection (h)(7) regarding auction plate patterns are grandfathered for embossed plate designs. Proposed new §217.52(h)(8) would also clarify that the personalization and specialty plate fees under renumbered subsection (h)(9) do not apply to an embossed, personalized specialty plate because the fees under new §217.52(h)(8) already include the personalization fees; however, there is an exception under re-numbered subsection (h)(9)(C) if the board approves a crossover plate under Transportation Code, §504.6011 as an embossed plate design. These fees are sufficient to cover the department's direct, indirect and administrative costs associated with the department's contract with its specialty license plates vendor and were determined through discussions with the vendor.

Proposed amendments would also renumber current §217.52(h)(8) to §217.52(h)(9). Proposed amendments to renumbered §217.52(h)(9) would expressly retain the grandfathered fees if the board approves a crossover plate under Transportation Code, §504.6011 as an embossed plate design.

Proposed amendments to §217.52(n) would implement SB 702 by adding embossed specialty license plate styles to the provision on restyled vendor specialty license plates to allow people who currently have non-embossed specialty license plates to restyle their plates into an embossed specialty license plate. Proposed new §217.52(n)(2)(B) would set a fee of $75 for restyling a non-embossed specialty license plate into an embossed specialty license plate. This fee is sufficient to cover the department's direct, indirect and administrative costs associated with the department's contract with its specialty license plates vendor and were determined through discussions with the vendor. The proposed amendments would also re-letter subparagraphs within §217.52(n) for clarity and ease of reference.

FISCAL NOTE AND LOCAL EMPLOYMENT IMPACT STATEMENT. Glenna Bowman, Chief Financial Officer, has determined that for each year of the first five years the amendments will be in effect, there will be no significant fiscal impact to state or local governments as a result of the enforcement or administration of the proposal. Annette Quintero, Director of the Vehicle Titles and Registration Division, has determined that there will be no measurable effect on local employment or the local economy as a result of the proposal.

PUBLIC BENEFIT AND COST NOTE. Ms. Quintero has also determined that, for each year of the first five years the amended section is in effect, there are several public benefits anticipated because it would provide an option for vehicle owners to purchase an embossed specialty license plate, allowing classic car collectors to have the vintage-look embossed license plates as a purchase option.

Anticipated Costs To Comply With The Proposal. Ms. Quintero anticipates that there will be no costs to comply with these amendments. Specialty license plates, including embossed specialty license plates, are optional and are not required for any vehicle.

GOVERNMENT GROWTH IMPACT STATEMENT. The department has determined that each year of the first five years the proposed amendments are in effect, no government program would be created or eliminated. Implementation of the proposed amendments would not require the creation of new employee positions or elimination of existing employee positions. Implementation would not require an increase or decrease in future legislative appropriations to the department, or a decrease of fees paid to the department. The proposed amendments may create a slight increase in fees paid to the department if people choose to buy embossed specialty license plates, but the increase is not expected to be significant. The proposed amendments do not limit or repeal an existing regulation. The proposed amendments would create new regulations in §217.52(h)(5) to set a new fee for embossed background-only license plates, in §217.52(h)(8) to create embossed, personalized specialty license plates and related fees, and in §217.52(n)(2)(B) to set the fee for restyling a license plate from non-embossed to embossed. The proposed amendments would expand existing regulations in §217.52 to include embossed specialty license plates among the types of specialty license plates that are available for Texas registrants. Lastly, the proposed amendments do not affect the number of individuals subject to the rule's applicability and will not affect this state's economy.

REQUEST FOR PUBLIC COMMENT.

STATUTORY AUTHORITY. The department proposes amendments to §217.52 under Transportation Code, §504.0011, which grants the board authority to adopt rules to implement Transportation Code, Chapter 504; Transportation Code, §504.0051, which gives the department authority to issue personalized license plates and forbids the department from issuing replacement personalized license plates unless the vehicle owner pays the statutory fee required under Transportation Code, §504.007; Transportation Code, §504.007, which states that replacement license plates can only be issued if the vehicle owner pays the statutory fee; Transportation Code, §504.6011, which authorizes the sponsor of a specialty license plate to reestablish its specialty license plate under Subchapter J of Transportation Code, Chapter 504, and for the board to establish the fees under Transportation Code, §504.851; Transportation Code, §504.851(a), which allows the department to contract with a private vendor to provide specialty and personalized license plates; Transportation Code, §504.851(b)-(d), which authorize the board to establish fees by rule for the issuance or renewal of personalized license plates that are marketed and sold by the vendor as long as the fees are reasonable and not less than the amounts necessary to allow the department to recover all reasonable costs associated with the procurement, implementation and enforcement of the vendor's contract; Transportation Code, §504.851(i), as amended by SB 702, 88th Legislature, Regular Session (2023), which requires a contract entered into by the department and a private vendor for the marketing and sale of specialty license plates to allow the vendor to establish a range of premium embossed specialty license plates to be sourced, marketed, and sold by the private vendor; and Transportation Code, §1002.001 which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department.

CROSS REFERENCE TO STATUTE. Transportation Code, Chapters 504 and 1002.

§217.52.Marketing of Specialty License Plates through a Private Vendor.

(a) Purpose and scope. The department will enter into a contract with a private vendor to market department-approved specialty license plates in accordance with Transportation Code, Chapter 504, Subchapter J. This section sets out the procedure for approval of the design, purchase, and replacement of vendor specialty license plates. In this section, the license plates marketed by the vendor are referred to as vendor specialty license plates.

(b) Application for approval of vendor specialty license plate designs.

(1) Approval required. The vendor shall obtain the approval of the board for each license plate design the vendor proposes to market in accordance with this section and the contract entered into between the vendor and the department.

(2) Application. The vendor must submit a written application on a form approved by the executive director to the department for approval of each license plate design the vendor proposes to market. The application must include:

(A) a draft design of the specialty license plate;

(B) projected sales of the plate, including an explanation of how the projected figure was determined;

(D) a licensing agreement from the appropriate third party for any design or design element that is intellectual property; and

(E) other information necessary for the board to reach a decision regarding approval of the requested vendor specialty plate.

(1) will not consider incomplete applications; and

(2) may request additional information from the vendor to reach a decision.

(d) Board decision.

(1) Decision. The decision of the board will be based on:

(A) compliance with Transportation Code, Chapter 504, Subchapter J;

(B) the proposed license plate design, including:

(i) whether the design meets the legibility and reflectivity standards established by the department;

(ii) whether the design meets the standards established by the department for uniqueness to ensure that the proposed plate complies with Transportation Code, §504.852(c);

(iii) whether the license plate design can accommodate the International Symbol of Access (ISA) as required by Transportation Code, §504.201(f);

(iv) the criteria designated in §217.27 of this title (relating to Vehicle Registration Insignia) as applied to the design;

(v) whether a design is similar enough to an existing plate design that it may compete with the existing plate sales; and

(vi) other information provided during the application process.

(2) Public comment on proposed design. All proposed plate designs will be considered by the board as an agenda item at a regularly or specially called open meeting. Notice of consideration of proposed plate designs will be posted in accordance with Office of the Secretary of State meeting notice requirements. Notice of each license plate design will be posted on the department's Internet web site to receive public comment at least 25 days in advance of the meeting at which it will be considered. The department will notify all specialty plate organizations and the sponsoring agencies who administer specialty license plates issued in accordance with Transportation Code, Chapter 504, Subchapter G, of the posting. A comment on the proposed design can be submitted in writing through the mechanism provided on the department's Internet web site for submission of comments. Written comments are welcome and must be received by the department at least 10 days in advance of the meeting. Public comment will be received at the board's meeting.

(e) Final approval and specialty license plate issuance.

(1) Approval. The board will approve or disapprove the specialty license plate application based on all of the information provided pursuant to this subchapter in an open meeting.

(2) Application not approved. If the application is not approved, the applicant may submit a new application and supporting documentation for the design to be considered again by the board if:

(A) the applicant has additional, required documentation; or

(B) the design has been altered to an acceptable degree.

(3) Issuance of approved specialty plates.

(A) If the vendor's specialty license plate is approved, the vendor must submit the non-refundable start-up fee before any further design and processing of the license plate.

(B) Approval of the plate does not guarantee that the submitted draft plate design will be used. The board has final approval of all specialty license plate designs and will provide guidance on the submitted draft design to ensure compliance with the format and license plate specifications.

(f) Redesign of vendor specialty license plates.

(1) On receipt of a written request from the vendor, the department will allow a redesign of a vendor specialty license plate.

(2) The vendor must pay the redesign administrative costs as provided in the contract between the vendor and the department.

(g) Multi-year vendor specialty license plates. Purchasers will have the option of purchasing vendor specialty license plates for a one-year, a three-year, or a five-year period.

(h) License plate categories and associated fees. The categories and the associated fees for vendor specialty license plates are set out in this subsection.

(1) Custom license plates. Custom license plates include license plates with a variety of pre-approved background and character color combinations that may be personalized with either three alpha and two or three numeric characters or two or three numeric and three alpha characters. Generic license plates on standard white sheeting with the word "Texas" that may be personalized with up to six alphanumeric characters are considered custom license plates before December 2, 2010. The fees for issuance of Custom and Generic license plates are $150 for one year, $400 for three years, and $450 for five years.

(2) T-Plates (Premium) license plates. T-Plates (Premium) license plates may be personalized with up to seven alphanumeric characters, including the "T," on colored backgrounds or designs approved by the department. The fees for issuance of T-Plates (Premium) license plates are $150 for one year, $400 for three years, and $450 for five years.

(3) Luxury license plates. Luxury license plates may be personalized with up to six alphanumeric characters on colored backgrounds or designs approved by the department. The fees for issuance of luxury license plates are $150 for one year, $400 for three years, and $450 for five years.

(4) Freedom license plates. Freedom license plates include license plates with a variety of pre-approved background and character color combinations that may be personalized with up to seven alphanumeric characters. The fees for issuance of freedom license plates are $195 for one year, $445 for three years, and $495 for five years.

(5) Background-only [~~Background only~~] license plates. Background-only [~~Background only~~] license plates include non-personalized license plates with a variety of pre-approved background and character color combinations, and may be embossed or non-embossed.

(A) The fees for issuance of non-embossed, background-only [~~background only~~] license plates are $50 for one year, $130 for three years, and $175 for five years.

(B) Except as stated in subsection (h)(9)(C), the fees for embossed, background-only license plates are $125 for one year, $205 for three years, and $250 for five years.

(6) Vendor souvenir license plates. Vendor souvenir license plates are replicas of vendor specialty license plate designs that may be personalized with up to 24 alphanumeric characters. Vendor souvenir license plates are not street legal or legitimate insignias of vehicle registration. The fee for issuance of souvenir license plates is $40.

(7) Auction of alphanumeric patterns. The vendor may auction alphanumeric patterns for one, three, or five year terms with options to renew indefinitely at the current price established for a one, three, or five year luxury category license plate. The purchaser of the auction pattern may select from the vendor background designs, including any embossed license plate designs, at no additional charge at the time of initial issuance. The auction pattern may be moved from one vendor design plate to another vendor design plate as provided in subsection (n) [~~(n)(1)~~] of this section. The auction pattern may be transferred from owner to owner as provided in subsection (l)(2) of this section.

(8) Embossed, personalized specialty license plates. The vendor may sell embossed, personalized specialty license plates with a variety of pre-approved background and character color combinations that may be personalized with up to seven alphanumeric characters. Except as stated in subsection (h)(7) of this section, the fees for issuance of embossed, personalized specialty license plates are $270 for one year, $520 for three years, and $570 for five years. Except as stated in subsection (h)(9)(C) of this section, the fees under subsection (h)(9) of this section do not apply to an embossed, personalized specialty license plate.

(9) [~~(8)~~] Personalization and specialty plate fees.

(A) The fee for the personalization of license plates applied for prior to November 19, 2009 is $40 if the plates are renewed annually.

(B) The personalization fee for plates applied for after November 19, 2009 is $40 if the plates are issued pursuant to Transportation Code, Chapter 504, Subchapters G and I.

(C) If the plates are renewed annually, the personalization and specialty plate fees remain the same fee as at the time of issuance if a sponsor of a specialty license plate authorized under Transportation Code, Chapter 504, Subchapters G and I signs a contract with the vendor in accordance with Transportation Code, Chapter 504, Subchapter J, even if the board approves the specialty license plate to be an embossed specialty license plate design.

(i) Payment of fees.

(1) Payment of specialty license plate fees. The fees for issuance of vendor specialty license plates will be paid directly to the state through vendor and state systems for the license plate category and period selected by the purchaser. A person who purchases a multi-year vendor specialty license plate must pay upon purchase the full fee which includes the renewal fees.

(2) Payment of statutory registration fees. To be valid for use on a motor vehicle, the license plate owner is required to pay, in addition to the vendor specialty license plate fees, any statutorily required registration fees in the amount as provided by Transportation Code, Chapter 502, and this subchapter.

(j) Refunds. Fees for vendor specialty license plate fees will not be refunded after an application is submitted to the vendor and the department has approved issuance of the license plate.

(k) Replacement.

(1) Application. An owner must apply directly to the county tax assessor-collector for the issuance of replacement vendor specialty license plates and must pay the fee described in paragraphs (2) or (3) of this subsection, whichever applies.

(2) Lost or mutilated vendor specialty license plates. To replace vendor specialty license plates that are lost or mutilated, the owner must pay the statutory replacement fee provided in Transportation Code, §504.007.

(3) Optional replacements. An owner of a vendor specialty license plate may replace vendor specialty license plates by submitting a request to the county tax assessor-collector accompanied by the payment of a $6 fee.

(4) Interim replacement tags. If the vendor specialty license plates are lost or mutilated to such an extent that they are unusable, replacement license plates will need to be remanufactured. The county tax assessor-collector will issue interim replacement tags for use until the replacements are available. The owner's vendor specialty license plate number will be shown on the interim replacement tags.

(5) Stolen vendor specialty license plates. The county tax assessor-collector will not approve the issuance of replacement vendor specialty license plates with the same license plate number if the department's records indicate that the vehicle displaying that license plate number was reported stolen or the license plates themselves were reported stolen.

(l) Transfer of vendor specialty license plates.

(1) Transfer between vehicles. The owner of a vehicle with vendor specialty license plates may transfer the license plates between vehicles by filing an application through the county tax assessor-collector if the vehicle to which the plates are transferred:

(A) is titled or leased in the owner's name; and

(B) meets the vehicle classification requirements for that particular specialty license plate.

(2) Transfer between owners. Vendor specialty license plates may not be transferred between persons unless the license plate pattern was initially purchased through auction as provided in subsection (h)(7) of this section. An auctioned alphanumeric pattern may be transferred as a specialty license plate or as a virtual pattern to be manufactured on a new background as provided under the restyle option in subsection (n)(1) of this section. In addition to the fee paid at auction, the new owner of an auctioned alphanumeric pattern or plate will pay the department a fee of $25 to cover the cost of the transfer, and complete the department's prescribed application at the time of transfer.

(m) Gift plates.

(1) A person may purchase plates as a gift for another person if the purchaser submits a statement that provides:

(A) the purchaser's name and address;

(B) the name and address of the person who will receive the plates; and

(C) the vehicle identification number of the vehicle on which the plates will be displayed or a statement that the plates will not be displayed on a vehicle.

(2) To be valid for use on a motor vehicle, the recipient of the plates must file an application with the county tax assessor-collector and pay the statutorily required registration fees in the amount as provided by Transportation Code, Chapter 502, and this subchapter.

(n) Restyled vendor specialty license plates. A person who has purchased a multi-year vendor specialty license plate may request a restyled license plate at any time during the term of the plate.

(1) For the purposes of this subsection, "restyled license plate" is a vendor specialty license plate that has a different style from the originally purchased vendor specialty license plate but:

(A) is within the same price category, except if the pattern is an auction pattern[;] and

[~~(B)~~] has the same alpha-numeric characters and expiration date as the previously issued multi-year license plates; or[.]

(B) is restyling from a non-embossed specialty license plate style to an embossed specialty license plate style and has the same alpha-numeric characters and expiration date as the previously issued multi-year license plates.

(2) The fee for each restyled license plate is:

(A) $50 for restyling under subsection (n)(1)(A) of this section; or

(B) $75 for restyling under subsection (n)(1)(B) of this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 17, 2023.

TRD-202303033

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: October 1, 2023

For further information, please call: (512) 465-4160

43 TAC §217.54

INTRODUCTION. The Texas Department of Motor Vehicles (department) proposes amendments to 43 Texas Administrative Code (TAC) §217.54 concerning registration of fleet vehicles. These amendments are necessary to implement House Bill (HB) 433 enacted during the 88th Legislature, Regular Session (2023). HB 433 amends the definition of "commercial fleet" in Transportation Code, §502.001(6) by reducing from 25 to 12 the minimum number of nonapportioned motor vehicles, semitrailers, or trailers owned, operated, or leased by a business entity necessary to constitute a commercial fleet.

EXPLANATION.

Under Transportation Code, §502.0023 and 43 TAC §217.54, vehicles in commercial fleets are eligible for multi-year registration and the same registration expiration date for the entire commercial fleet. The proposed amendments to §217.54 are necessary to implement HB 433 and would incorporate the change in the eligibility requirements for fleet registration and fleet composition. The proposed amendment to §217.54(b)(1) would replace the number "25" with "12" for fleet eligibility requirements. The proposed amendments to §217.54(f)(3) would replace the number "25" with "12" for fleet composition as it relates to the status of an account holder's registration when the account falls below the minimum number of vehicles for a commercial fleet.

FISCAL NOTE AND LOCAL EMPLOYMENT IMPACT STATEMENT. Glenna Bowman, Chief Financial Officer, has determined that for each year of the first five years the amendments will be in effect, there will be no significant fiscal impact to state or local governments as a result of the enforcement or administration of the proposal. Jimmy Archer, Director of the Motor Carrier Division (MCD), has determined that there will be no measurable effect on local employment or the local economy as a result of the proposal.

PUBLIC BENEFIT AND COST NOTE. Mr. Archer has also determined that, for each year of the first five years the amended section is in effect, the anticipated public benefit is that §217.54 would be consistent with the definition of "commercial fleet" in Transportation Code, §502.001(6) as amended by HB 433.

Anticipated Costs To Comply With The Proposal. Mr. Archer anticipates that there will be no costs to comply with the proposed amendments.

GOVERNMENT GROWTH IMPACT STATEMENT. The department has determined that each year of the first five years the proposed amendments are in effect, no government program would be created or eliminated. Implementation of the proposed amendments would not require the creation of new employee positions or elimination of existing employee positions. Implementation would not require an increase or decrease in future legislative appropriations to the department or an increase or decrease of fees paid to the department. The proposed amendments do not create a new regulation, or limit, or repeal an existing regulation. The proposed amendments expand an existing regulation by reducing from 25 to 12 the number of vehicles required to constitute a commercial fleet, which is eligible for an extended vehicle registration period and the same registration expiration date for the entire commercial fleet. The proposed amendments would increase the number of individuals subject to the rule's applicability, because smaller fleets of 12 vehicles or more will now be eligible for multi-year registration. Lastly, the rule will not affect this state's economy.

REQUEST FOR PUBLIC COMMENT.

STATUTORY AUTHORITY. The department proposes amendments to §217.54 under Transportation Code, §502.001(6), as amended by HB 433, which defines "commercial fleet" for purposes of Transportation Code, Chapter 502; Transportation Code, §502.0021, which authorizes the department to adopt rules to administer Transportation Code, Chapter 502; Transportation Code, §502.0023, which sets out the requirements for extended vehicle registration of commercial fleets and requires the department to adopt rules to implement those requirements; and Transportation Code, §1002.001, which authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department as provided in the Texas Transportation Code and other laws of this state.

CROSS REFERENCE TO STATUTE. Transportation Code, Chapters 502 and 1002.

§217.54.Registration of Fleet Vehicles.

(a) Scope. A registrant may consolidate the registration of multiple motor vehicles in a fleet instead of registering each vehicle separately. A fleet may include trailers and semitrailers. Except as provided by §217.55 of this title (relating to Exempt and Alias Vehicle Registration), to consolidate registration, a registration must meet the requirements of this section.

(b) Eligibility. A fleet must meet the following requirements to be eligible for fleet registration.

(1) No fewer than 12 [25] vehicles will be registered as a fleet;

(2) Vehicles may be registered in annual increments for up to eight years;

(3) All vehicles in a fleet must be owned by or leased to the same business entity;

(4) All vehicles must be vehicles that are not registered under the International Registration Plan; and

(5) Each vehicle must currently be titled in Texas or be issued a registration receipt, or the registrant must submit an application for a title or registration for each vehicle.

(1) Application for fleet registration must be in a form prescribed by the department. At a minimum the form will require:

(A) the full name and complete address of the registrant;

(B) a description of each vehicle in the fleet, which may include the vehicle's model year, make, model, vehicle identification number, document number, body style, gross weight, empty weight, and for a commercial vehicle, manufacturer's rated carrying capacity in tons;

(D) any other information that the department may require.

(2) The application must be accompanied by the following items:

(A) in the case of a leased vehicle, a certification that the vehicle is currently leased to the person to whom the fleet registration will be issued;

(B) registration fees prescribed by law for the entire registration period selected by the registrant;

(C) local fees or other fees prescribed by law and collected in conjunction with registering a vehicle for the entire registration period selected by the registrant;

(D) evidence of financial responsibility for each vehicle as required by Transportation Code, §502.046, unless otherwise exempted by law;

(E) annual proof of payment of Heavy Vehicle Use Tax;

(F) the state's portion of the vehicle inspection fee; and

(G) any other documents or fees required by law.

(d) Registration period.

(1) The fleet owner will designate a single registration period for a fleet so the registration period for each vehicle will expire on the same date.

(2) The fleet registration period will begin on the first day of a calendar month and end on the last day of a calendar month.

(e) Registration receipt and fleet license plates.

(1) As evidence of registration, the department will issue a registration receipt and one or two metal fleet license plates for each vehicle in a fleet.

(2) The registration receipt for each vehicle shall at all times be carried in that vehicle and be available to law enforcement personnel upon request.

(3) A registration receipt or fleet license plate may not be transferred between vehicles, owners, or registrants.

(f) Fleet composition.

(1) A registrant may add a vehicle to a fleet at any time during the registration period. An added vehicle will be given the same registration period as the fleet and will be issued one or two metal fleet license plates and a registration receipt.

(2) A registrant may remove a vehicle from a fleet at any time during the registration period. After a vehicle is removed from the fleet, the fleet registrant shall either return the metal fleet license plates for that vehicle to the department or provide the department with acceptable proof that the metal fleet license plates for that vehicle have been destroyed. Credit for any vehicle removed from the fleet for the remaining full year increments can be applied to any vehicle added to the fleet or at the time of renewal. No refunds will be given if credit is not used or the account is closed.

(3) If the number of vehicles in an account falls below 12 [25] during the registration period, fleet registration will remain in effect. If the number of vehicles in an account is below 12 [25] at the end of the registration period, fleet registration will be canceled. In the event of cancellation, each vehicle shall be registered separately. The registrant shall immediately either return all metal fleet license plates to the department or provide the department with acceptable proof that the metal fleet license plates have been destroyed.

(g) Fees.

(1) When a fleet is first established, the department will charge a registration fee for each vehicle for the entire registration period selected. A currently registered vehicle, however, will be given credit for any remaining time on its separate registration.

(2) When a vehicle is added to an existing fleet, the department will charge a registration fee that is prorated based on the number of months of fleet registration remaining. If the vehicle is currently registered, this fee will be adjusted to provide credit for the number of months of separate registration remaining.

(3) When a vehicle is removed from fleet registration, it will be considered to be registered separately. The vehicle's separate registration will expire on the date that the fleet registration would have expired. The registrant must pay the statutory replacement fee to obtain regular registration insignia before the vehicle may be operated on a public highway.

(4) In addition to the registration fees prescribed by Transportation Code, Chapter 502, an owner registering a fleet under this section must pay a one-time fee of $10 per motor vehicle, semitrailer, or trailer in the fleet. This fee is also due as follows:

(A) for each vehicle added to the owner's existing fleet; and

(B) for each vehicle that a buyer registers as a fleet, even though the seller previously registered some or all of the vehicles as a fleet under this section.

(h) Payment. Payment will be made in the manner prescribed by the department.

(i) Cancellation.

(1) The department will cancel registration for non-payment and lack of proof of annual payment of the Heavy Vehicle Use Tax.

(2) The department may cancel registration on any fleet vehicle on the anniversary date of the registration if the fleet vehicle is not in compliance with the inspection requirements under Transportation Code, Chapter 548 or the inspection requirements in the rules of the Texas Department of Public Safety

(3) A vehicle with a canceled registration may not be operated on a public highway.

(4) If the department cancels the registration of a vehicle under this subsection, the registrant can request the department to reinstate the registration by doing the following:

(A) complying with the requirements for which the department canceled the registration;

(B) providing the department with notice of compliance on a form prescribed by the department; and

(C) for a registration canceled under paragraph (2) of this subsection, paying an administrative fee in the amount of $10.

(5) A registrant is eligible for reinstatement of the registration only within 90 calendar days of the department's notice of cancellation.

(6) If a registrant fails to timely reinstate the registration of a canceled vehicle registration under this section, the registrant:

(A) is not entitled to a credit or refund of any registration fees for the vehicle; and

(B) must immediately either return the metal fleet license plates to the department or provide the department with acceptable proof that the metal fleet license plates have been destroyed.

(j) Inspection fee. The registrant must pay the department by the deadline listed in the department's invoice for the state's portion of the vehicle inspection fee.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 17, 2023.

TRD-202303030

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: October 1, 2023

For further information, please call: (512) 465-4160

CHAPTER 219. OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS

INTRODUCTION. The Texas Department of Motor Vehicles (department) proposes amendments to 43 Texas Administrative Code (TAC) Subchapter B, General Permits, §§219.11, 219.13, and 219.14; Subchapter C, Permits for Over Axle and Over Gross Weight Tolerances, §§219.30-219.36; Subchapter D, Permits for Oversize and Overweight Oil Well Related Vehicles, §219.41 and §219.43; and Subchapter E, Permits for Oversize and Overweight Unladen Lift Equipment Motor Vehicles, §219.61 and §219.63 concerning oversize and overweight vehicles and loads. As further described herein, the proposed amendments are necessary to implement legislation; to modify language to be consistent with statutes and other sections in Chapter 219 of Title 43; to delete language that is already contained in statute; to delete language for which the department does not have rulemaking authority; to clarify the language; to modify language to be consistent with current practice; to amend certain application requirements to provide the department with additional information that would help it administer and enforce Subtitle E of Title 7 of the Transportation Code and that the department would provide to law enforcement officers who use the information to enforce the laws regarding size and weight under Subtitle E of Title 7 of the Transportation Code; and to update application requirements to allow applicants that are required to file a surety bond under Transportation Code, §623.075 to file an electronic copy, rather than a paper copy.

EXPLANATION.

A proposed amendment to §219.11(c)(1) would create an exception for a permit application under §219.14(b), which prescribes the permit application requirements that are unique to a manufactured house as defined by Transportation Code, §623.091. Although §219.11(c)(1) currently purports to provide the permit application requirements for all oversize or overweight permits (permits) under Subchapter B of Chapter 219, it does not provide the permit application requirements for a permit under §219.14. A permit applicant for a permit regarding a manufactured house under §219.14 must provide additional specific information to the department, as explained below regarding proposed amendments to §219.14(b). This proposed amendment to §219.11(c)(1) would clarify that the more specific requirements in §219.14(b) control over the more general requirements in §219.11(c)(1).

Proposed amendments to §219.11(c)(1)(A) and (B) would modify the application requirements to provide the department with the information it needs to process an application and to contact the correct person if there are updates to the permit restrictions. The amendments would require the applicant to provide the department with the name, telephone number, and email address of the contact person, and would delete the requirement for the applicant to provide the department with the applicant's telephone number and email address. The applicant could be a large corporation with different contact people for different permits. Having the contact person's email address and telephone number would enable the department to communicate more efficiently with the applicant and any permit holder. The amendments would also move the current requirement for the applicant to provide its customer identification number from subparagraph (B) to subparagraph (A).

A proposed amendment to §219.11(c)(1)(C) would remove the requirement for a permit applicant under Subchapter B of Chapter 219 to provide their motor carrier registration (MCR) number to the department. An MCR number is issued to a motor carrier in a certificate of registration under Transportation Code, Chapter 643. The department no longer needs the MCR number in an application for a permit under Subchapter B of Chapter 219 because the department's Texas Permitting and Routing Optimization System (TxPROS or permitting system) can search the federal motor carrier system by using the applicant's United States Department of Transportation (USDOT) Number to determine if the applicant has an MCR number under Transportation Code, Chapter 643 if necessary. Transportation Code, §623.075 and §623.094 state when it may be necessary for the department to know if a permit applicant under Subchapter B of Chapter 219 has an MCR number.

A proposed amendment to §219.11(c)(1)(C) is necessary to clarify whether the permit applicant must provide their USDOT Number. The proposed amendment would replace the words "if applicable" with the more precise explanation "if applicant is required by law to have a USDOT Number" because federal law and Texas law prescribe when a motor carrier must have a USDOT Number. For example, 49 U.S.C. §31134 requires an employer or person to be registered by the Secretary of Transportation and obtain a USDOT Number in order to operate a commercial motor vehicle in interstate transportation. Transportation Code, §643.064 requires a motor carrier to have and maintain a USDOT Number if they are required to register with the department under Subchapter B of Chapter 643 of the Transportation Code to engage in intrastate transportation.

A motor carrier's USDOT number is used as its identification number in state and federal agencies' databases and tracking systems that contain information the department needs to evaluate an applicant for a permit. To leverage this ease of reference and consistent identification that a USDOT number provides, proposed amendments to the following sections would conform with the requirement in §219.11(c)(1)(C) for a permit applicant to provide their USDOT Number if the applicant is required by law to have a USDOT Number: §§219.14(b), re-lettered 219.30(c)(2), 219.31(b)(2), 219.32(c)(2), 219.33(b)(2), 219.34(b)(2), 219.35(b)(2), 219.36(b)(2), 219.41(b), and 219.61(b). As previously explained, the department's permitting system can search the federal motor carrier system by using the motor carrier's USDOT Number to determine if the applicant has a certificate of registration under Chapter 643, which allows the department to determine, for example, whether certain applicants for permits for oil well-related vehicles are eligible for a permit because an applicant is not eligible if the applicant has a certificate of registration under Chapter 643. As another example, the department needs the permit applicant's USDOT Number to query the federal motor carrier system to determine whether the applicant has been placed out of service by the Federal Motor Carrier Safety Administration (FMCSA) or the Texas Department of Public Safety (DPS). Transportation Code, §623.004, which was enacted by House Bill 2620, 86th Legislature, Regular Session (2019), authorizes the department to deny a permit application under Subtitle E of Title 7 of the Transportation Code if either FMCSA or DPS issued an out-of-service order to the applicant. Motor carriers that have been issued an out-of-service order by FMCSA or DPS are legally prohibited from operating their commercial motor vehicles on public roadways in interstate or intrastate transportation, respectively. These motor carriers are therefore ineligible to receive a permit from the department to operate a commercial motor vehicle that exceeds legal size or weight on a public roadway. Making the USDOT number a consistent application requirement for permits is necessary for the department to get the information it needs to vet the permit applications under Transportation Code, §623.004.

Proposed amendments to §219.11(l)(1) would delete language regarding hazardous conditions during which movement of a permitted vehicle is prohibited and renumber the remaining paragraphs. This proposed amendment is necessary because DPS and FMCSA, rather than the department, have the statutory authority to determine when road conditions are hazardous for vehicle movement. Transportation Code, §644.051 gives DPS the authority to adopt rules regulating the safe operation of commercial motor vehicles, including the authority to adopt by reference all or part of the federal safety regulations. DPS adopted 49 C.F.R. §392.14 by reference in 37 TAC §4.11(a). Section 392.14 regulates the operation of a commercial motor vehicle regarding hazardous conditions. Together, 49 C.F.R. §392.14 and 37 TAC §4.11(a) regulate the operation of a commercial motor vehicle regarding hazardous conditions for both interstate and intrastate transportation. Also, even if a permittee is not operating a commercial motor vehicle, the Rules of the Road (Subtitle C of Title 7 of the Transportation Code) include provisions that govern the safe operation of a vehicle, such as Transportation Code, §545.401, which says a person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.

The following sections in Chapter 219 either cross-reference the language regarding hazardous conditions in §219.11(l) or repeat the language contained in §219.11(l) regarding hazardous conditions: §§219.13(e)(6), 219.32(h), 219.33(c), 219.34(e), 219.35(g), 219.36(g), 219.41(d), and 219.61(d). To align with the proposed amendments to §219.11(l), these provisions are also proposed to be amended to delete the language regarding hazardous conditions during which movement of a permitted vehicle is prohibited and to renumber or re-letter the remaining subdivisions within these sections as necessary.

Additionally, other sections cross-reference §219.11(l). While these sections do not need to be amended, the meaning of the provisions that cite to §219.11(l) will be impacted by the proposed amendments to §219.11(l). The proposed deletion of the language regarding hazardous conditions in §219.11(l) will have the effect of removing hazardous conditions from §219.13(a), 219.13(e)(1)(C), §219.16(e), and §219.31(h).

A proposed amendment to §219.11(n) would authorize applicants for permits to file an electronic copy of a surety bond that a permit applicant must file with the department under Transportation Code, §623.075(c). Transportation Code, §623.074(d) authorizes the department to adopt a rule to authorize an applicant to submit an application electronically. Currently, permit applicants must file an original surety bond (the paper version with the original signature) with the department under §219.11(n)(1)(A)(iv) and (2)(B). Proposed new §219.11(n)(4) would allow permit applicants to file their bonds electronically, providing a convenience for permit applicants that want to file their bonds electronically, potentially reducing costs for the department, and potentially streamlining the department's process. An electronic copy of a surety bond is legally enforceable under Texas Business and Commerce Code, §322.007. Moreover, the department currently maintains its records in electronic format, scanning a copy of the original surety bond and destroying the original as authorized by the Texas Department of Transportation (TxDOT). The proposed rule would remove the scanning step from the department's process.

Proposed amendments to §219.11(n) would delete language that is inconsistent with the proposed amendment to allow a permit applicant to file an electronic copy of the surety bond. The department proposes to delete the following: the requirement for the bond to have an original signature under §219.11(n)(1)(A)(iv), the authority for an applicant to file a facsimile or electronic copy of the surety bond as long as the original surety bond is received by the department within 10 days under §219.11(n)(2)(B), and the restriction on the department issuing the applicant a permit until the original surety bond has been received by the department under §219.11(n)(2)(B). None of these requirements will be necessary if proposed new §219.11(n)(4) is adopted to allow electronic filing of surety bonds.

Other proposed amendments to §219.11(n) would remove language in §219.11(n)(1)(C) regarding TxDOT's process for making a claim on a surety bond. TxDOT's process for making a claim against a surety bond should not be included in the department's rules because the department does not have statutory authority to set processes for TxDOT through rule. Section 219.11(n)(1)(C) is a relic from a time when TxDOT was responsible for implementing and administering Subtitle E of Title 7 of the Transportation Code and is no longer necessary or appropriate in the department's rule. This proposed amendment would also remove the reference to a bond under Transportation Code, §623.163 because the §623.163 bond is addressed in §219.3.

Proposed new §219.11(n)(1) through (3) would set out the procedures for filing surety bonds with the department for clarity and ease of reference. New paragraphs (1) through (3) consist of rearranged and edited existing language found in §219.11(n)(1)(A)(ii) (minus the unnecessary language that provides an example), §219.11(n)(1)(A)(iii), §219.11(n)(1)(A)(iv), §219.11(n)(1)(A)(v), §219.11(n)(1)(A)(vi), §219.11(n)(1)(B), and §219.11(n)(2)(A).

Other proposed amendments to §219.11(n) would remove all or part of the language in the following subdivisions because the language is redundant and duplicative of Transportation Code, §623.075, and therefore unnecessary in rule: §219.11(n)(1)(A)(i), §219.11(n)(1)(D), and §219.11(n)(2)(E) and (F). The proposed deletion of §219.11(n)(2)(F) also removes the reference to Chapter 645 of the Transportation Code because Senate Bill 1814, 87th Legislature, Regular Session (2021) removed the reference to Chapter 645 from Transportation Code, §623.075. Proposed amendments would delete §219.11(n)(2)(C) and (D) because they are unnecessary interpretations of the exemption in Transportation Code, §623.075(b)(1).

Proposed amendments to §219.14(b) would update the permit application requirements to be consistent with the format and application requirements in §219.11(c), while omitting unnecessary requirements and customizing the requirements to comply with Subchapter E of Chapter 623 of the Transportation Code. Proposed amended §219.14(b)(1) would clarify that the permit applicant must submit the application to the department.

Proposed amendments to §219.14(b)(2) would modify the application requirements to provide the department with the information it needs to process an application and to contact the correct person if there are updates to the permit restrictions. The amendments would require the applicant to provide the department with the name, customer identification number, and address of the applicant. The department needs the name of the applicant, so the department has the name of the person to whom the department issues a permit. The applicant's name and address would help law enforcement to enforce Transportation Code, §621.511, which makes it an offense if a person operates or moves a vehicle on a public highway under a permit when the person is not the person named on the permit or an employee of the person named on the permit. Also, the department cannot issue a permit unless the applicant provides their customer identification number, which the applicant can obtain from the department at no cost.

The proposed amendments would also require the applicant to provide the department with the name, telephone number, and email address of the contact person. Having the contact person's email address and telephone number would enable the department to communicate more efficiently with the applicant and any permit holder. The applicant could be a large corporation with different contact people for different permits.

The proposed amended §219.14(b)(2) would also include rearranged and edited language currently found in §219.14(b)(1) and would incorporate the specific requirements which are unique to manufactured houses as defined by Transportation Code, §623.091. The permit applicant must provide a description of the manufactured home and the dimensions of the manufactured home to the department, so the department can include certain information on the permit as required by Transportation Code, §623.093. A proposed amendment states that the permit applicant must provide any other information required by law, including the information listed in Transportation Code, §623.093(a).

Proposed amendments to §219.14(b) would delete the following language which is included in Transportation Code, §623.093 because it is not necessary to repeat statutory language in a rule: "If the manufactured home is being moved to or from a site in this state where it has been, or will be, occupied as a dwelling, the permit must also show the name of the owner of the home, the location from which the home is being moved, and the location to which the home is being delivered." A proposed amendment to §219.14(b) would delete the current language §219.14(b)(2) because it is an unnecessary cross-reference that does not add clarity.

Proposed amendments to §219.30 would remove language that is duplicative with statute because it is not necessary to repeat statutory language in a rule. A proposed amendment to §219.30(c) would delete language that is in Transportation Code, §623.011(b)(1). A proposed amendment to re-lettered §219.30(d) would delete language that is in Transportation Code, §623.012 and the reference to the state highway system, which was removed by Senate Bill 1814, 87th Legislature, Regular Session (2021). Proposed amendments to §219.30 would re-letter the remaining subsections, as well as an internal cross-reference to re-lettered subsection (e), due to the proposed deletion of subsections (c) and (d).

A proposed amendment to re-lettered §219.30(c)(1) would update the language to be consistent with the language in other sections of Chapter 219 regarding permit applications by stating the person must submit an application to qualify for the permit. A proposed amendment to re-lettered §219.30(c)(2)(A) would require the applicant to provide its customer identification number because the department cannot issue a permit without the customer's identification number. The applicant can obtain a customer identification number from the department at no cost. A proposed amendment to §219.30(c)(2)(B) would rearrange the language for clarity. A proposed amendment to re-lettered §219.30(c)(2)(B) would also require the applicant to provide an email address for its contact person to enable the department to communicate more efficiently with the applicant's contact person. Having an email address for the permittee's contact person would enable the department to disseminate information more quickly and easily. For example, if an amendment must be made to the permit because of a new restriction provided by TxDOT, the department currently sends an email to the permit holders who provide the department with an email address. The department sends an email to the permit holders regarding a new restriction so they can receive the update as soon as possible and print an updated permit. As another example, when a safety issue arises like a new height restriction on a specific roadway that includes a bridge, the permit holders need to know about the new height restriction as soon as possible. An email with this information would reach permittees more quickly than phone calls, which can be a slow process, especially if the department must call a large number of permit holders. Also, the department's permitting staff currently contact applicants and permit holders by both email and telephone, depending on the issue. For these reasons, similar amendments that would require applicants to provide email addresses are also proposed to the following sections: §§219.14(b), 219.31(b), 219.32(c), 219.33(b), 219.34(b), 219.35(b), and 219.36(b).

A proposed amendment to re-lettered §219.30(c)(2)(C) would require the applicant to provide vehicle registration information because Transportation Code, §623.011(b)(1) says the vehicle must be registered under Transportation Code, Chapter 502 for the maximum gross weight applicable to the vehicle under Transportation Code, §621.101, not to exceed 80,000 pounds. Other proposed amendments to re-lettered §219.30(c)(2)(C) would require the permit applicant to provide the truck year and vehicle identification number. The department needs the vehicle information for investigations regarding possible administrative enforcement actions and to provide to law enforcement officers who use the information to enforce the laws regarding size and weight under Subtitle E of Title 7 of the Transportation Code. For example, law enforcement officers use vehicle information to verify whether a permit is being used for more than one vehicle in violation of the law.

Proposed amendments to re-lettered §219.30(h)(4) would substitute the word "permittee" for the word "applicant" and add the replacement of the letter of credit or bond to be consistent with Transportation Code, §623.012(c) and (d). A proposed amendment to re-lettered §219.30(h) would replace the reference to deleted §219.30(d) with a reference to Transportation Code, §623.012, which contains the relevant language. Proposed amendments to §219.30 would delete subsections (k) and (l) because the applicable statutes do not provide the authority to void the permit for the reason stated in subsection (k).

A proposed amendment to §219.31(b)(2)(A) would require the applicant to provide its customer identification number because the department cannot issue a permit without the customer's identification number. The applicant can obtain a customer identification number from the department at no cost. A proposed amendment to §219.31(b)(2)(A) would also delete the requirement for the applicant to provide its telephone number and email address because current §219.31(b)(2)(B) already requires the applicant to provide the department with the contact information for the applicant's contact person. A proposed amendment to §219.31(b)(2)(B) would also rearrange the language for clarity.

A proposed amendment to §219.32(c)(2)(A) would require the applicant to provide its customer identification number because the department cannot issue a permit without the customer's identification number. The applicant can obtain a customer identification number from the department at no cost. A proposed amendment to §219.32(c)(2)(B) would also rearrange the language for clarity. For these reasons, similar amendments are also proposed to the following sections: §§219.33(b), 219.34(b), 219.35(b), and 219.36(b).

A proposed amendment to re-lettered §219.32(h) would clarify that the city's curfew movement restrictions do not apply unless the department publishes the curfew movement restrictions. The department only publishes the curfew movement restrictions if TxDOT approves the restrictions. Currently, the department publishes the curfew movement restrictions on the department's website.

Proposed amendments to §219.33(a), (c), and (d) would delete reference to an emergency declared by the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (42 U.S.C. §5121, et seq.) (Stafford Act) because Transportation Code, §623.341(a) and 23 U.S.C. §127(i) only authorize the federal disaster relief permit if the president of the United States issues a major disaster declaration. The federal disaster relief permit authorizes an overweight vehicle that will be used to deliver relief supplies to exceed legal weight up to the axle weights and gross weight listed in §219.33(c), even if the vehicle is transporting a divisible load. Subject to the restrictions and conditions in §219.33, the permitted vehicle is authorized to exceed legal weight on state highways, including the National System of Interstate and Defense Highways.

Although 23 U.S.C. §127(i) uses the term "emergency," §127(i)(1)(A) says a state may issue these special permits if the president has declared the emergency to be a "major disaster" under the Stafford Act. An emergency declaration is different than a major disaster declaration under the Stafford Act. Section 5170 of the Stafford Act provides the procedures for the president to declare a major disaster, which is defined in §5122 of the Stafford Act. Section 5191 of the Stafford Act provides the procedure for the president to declare an emergency, which is defined in §5122.

The Federal Highway Administration (FHWA) is a government agency within the United States Department of Transportation that supports state and local governments in the design, construction, and maintenance of the U.S. highway system. FHWA's website explains that through financial and technical assistance to state and local governments, FHWA is responsible for ensuring that America's roads and highways continue to be among the safest and most technologically sound in the world.

FHWA issued a memo on June 5, 2013, regarding the Public Law which enacted 23 U.S.C. §127(i) in which FHWA stated as follows: "Section 1511 of MAP-21 extends the States' authority to issue Special Permits to vehicles with divisible loads that are delivering relief supplies during a Presidentially-declared emergency or major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ("Stafford Act") (42 U.S.C. 5121 et seq.)." The memo, titled "MAP-21, Section 1511 - Special Permits During Periods of National Emergency Implementation Guidance, Revised," was available on FHWA's website as of August 1, 2023. FHWA's June 5, 2013, memo is from FHWA's Associate Administrator for Operations to the Division Administrators, Directors of Field Services, and Director of Technical Services. Although the department previously relied on FHWA's June 5, 2013, memo when enacting §219.33, the department proposes to amend §219.33(a), (c), and (d) to delete the reference to an emergency because Transportation Code, Section §623.341(a) and 23 U.S.C. §127(i) only authorize this special permit if the president issues a major disaster declaration for the reasons previously stated.

Proposed amendments to §219.33(c)(3) and re-numbered (c)(4) are necessary to clarify that the city's curfew movement restrictions do not apply unless the department publishes the curfew movement restrictions. The department only publishes the curfew movement restrictions if TxDOT approves the restrictions. Currently, the department publishes the curfew movement restrictions on its website.

A proposed amendment to re-numbered §219.33(c)(7) would specify that a permit will expire 120 days after the date of a disaster because the department's permitting system does not calculate the expiration date for each federal disaster relief permit. Under Transportation Code, §623.341(b) and 23 U.S.C. §127(i), the permit expires not later than the 120th day after the date the president declares a major disaster. The department's permitting system issues permits for 120 days after the major disaster declaration and does not print the expiration date on the permits. The proposed amendment would delete language that says the expiration date is listed in the permit and replace that language with language that says the permit will expire 120 days after the date of the major disaster declaration. The proposed language is consistent with Transportation Code, §623.341(b) and 23 U.S.C. §127(i).

Proposed amendments to §219.33(d) are necessary because in practice, only the notice of the president's major disaster declaration is available on the White House website and the Federal Emergency Management Agency's website. The official declaration that is signed by the president does not appear to be readily available to the public where a person can download it, so the department should only require a person to carry a copy of the notice of declaration in the permitted vehicle, along with the permit. If the permittee is stopped by law enforcement, the documentation will help the peace officer determine whether the permit was issued under a major disaster declaration issued by the president and whether the permit is valid under §219.33 and Transportation Code, §623.341.

Proposed amendments to §219.41(b) would modify the application requirements to provide the department with the information it needs to process an application under Subchapter D of Chapter 219 and to contact the correct person if there are updates to the permit restrictions. A proposed amendment to §219.41(b)(1) would require the applicant to provide its customer identification number because the department cannot issue a permit without the customer's identification number. The applicant can obtain a customer identification number from the department at no cost. A proposed amendment to §219.41(b)(1) would also delete the requirement for the applicant to provide its telephone number and email address because a proposed amendment to §219.41(b)(2) would require the applicant to provide the department with the name, telephone number, and email address for the applicant's contact person. The applicant could be a large corporation with different contact people for different permits. Having an email address for the permittee's contact person would enable the department to disseminate information more quickly and easily, including information that could impact the safety of the traveling public, such as a new permit restriction provided by TxDOT. Transportation Code, §623.145 requires the board of the Texas Department of Motor Vehicles (board) and the Texas Transportation Commission to consider the safety and convenience of the general traveling public when adopting rules regarding the issuance of permits for oil well servicing and drilling machinery under Subchapter G of Chapter 623 of the Transportation Code. A proposed amendment to §219.41(b)(2) and (3) would remove the year and make of the unit from paragraph (2) and combine this language with the language in paragraph (3) regarding the identification number of the unit. For these reasons, similar amendments are also proposed to §219.61(b) regarding an application for a crane, which provisions apply to permit applications under Subchapter E of Chapter 219. Transportation Code, §623.195 requires the board and the Texas Transportation Commission to consider the safety and convenience of the general traveling public when adopting rules regarding the issuance of permits for cranes (a/k/a unladen lift equipment motor vehicles) under Subchapter J of Chapter 623 of the Transportation Code.

A proposed amendment to §219.41 would delete subsection (e) regarding void permits because it overstates the language in Transportation Code, §623.146 regarding the ramifications of an owner's or an owner's representative's violation of a rule of the board or a violation of a condition placed on the permit. A proposed amendment to §219.41 would delete subsection (g) regarding records retention because §219.102(b) already includes language that requires the permit to be kept in the permitted vehicle until the permit terminates or expires. Proposed amendments to §219.41 would re-letter the remaining subsections due to the deletion of subsections (e) and (g).

Proposed amendments to §219.43(f) and §219.63(a)(7) would eliminate the implication that a hubometer serial number is required to be listed on the permit and to conform the language to current practice. A proposed amendment to §219.43(f) and §219.63(a)(7) would clarify that an amendment can be made to the hubometer serial number on the permit if a hubometer serial number is listed on the permit.

FISCAL NOTE AND LOCAL EMPLOYMENT IMPACT STATEMENT. Glenna Bowman, Chief Financial Officer, has determined that for each year of the first five years the amendments will be in effect, there will be no significant fiscal impact to state or local governments as a result of the enforcement or administration of the proposal. Jimmy Archer, Director of the Motor Carrier Division (MCD), has determined that there will be no significant impact on local employment or the local economy as a result of the proposal.

PUBLIC BENEFIT AND COST NOTE. Mr. Archer has also determined that, for each year of the first five years the amended sections are in effect, there are several anticipated public benefits because of the amendments.

Anticipated Public Benefits. The public benefits anticipated as a result of the proposal include the following: safer public roadways for the traveling public resulting from full implementation of the department's authority under Transportation Code, §623.004 to deny a permit to an applicant who is subject to an out-of-service order issued by FMCSA or DPS; safer public roadways for the traveling public when all permit applicants provide the department with their email address, which allows the department to quickly email the permit holders any updates to permit restrictions that impact safety; additional information to help the department administer and enforce Subtitle E of Title 7 of the Transportation Code and to provide to law enforcement officers who use the information to enforce the laws regarding size and weight under Subtitle E of Title 7 of the Transportation Code; and updated rules that are more streamlined and consistent with current practice.

Anticipated Costs To Comply With The Proposal. Mr. Archer anticipates that there may be minimal costs to comply with the proposed amendments. The potential cost to persons required to comply with the proposal are the costs to obtain an email address to provide to the department as part of the permit application, as well as the costs to obtain access to a computer; however, many libraries provide computers that the public can use at no cost, and there are common free providers of web-based email accounts, such as Gmail, Hotmail, and Yahoo@ Mail.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS. As required by Government Code, §2006.002, the department has determined that the proposed amendments will not have an adverse economic effect on small businesses, micro-businesses, and rural communities because the requirement for an applicant to provide a USDOT Number only applies if the applicant is required by law to have a USDOT Number. The proposed amendments require small businesses, micro-businesses, and rural communities to comply. Even if the proposed requirement for the applicant to provide an email address increases an applicant's costs, this requirement is necessary to protect the public health and safety under Government Code, §2006.002(c-1), so the email requirement is exempt from the requirement to prepare a regulatory flexibility analysis under Government Code, §2006.002. The department may need a permit applicant's email address to quickly provide amendments to a permit regarding safety issues, such as a new height restriction as described above.

GOVERNMENT GROWTH IMPACT STATEMENT. The department has determined that each year of the first five years the proposed amendments are in effect, a government program would be expanded. As described above, proposed amendments require certain permit applicants to provide their USDOT Number so the department can fully implement Transportation Code, §623.004 to deny permits to an applicant that is subject to an out-of-service order issued by FMCSA or DPS. Implementation of the proposed amendments would not require the creation of new employee positions or elimination of existing employee positions. Implementation would not require an increase or decrease in future legislative appropriations to the department or an increase or decrease of fees paid to the department. The proposed amendments create a new regulation. As described above, proposed amendments require certain permit applicants to provide their USDOT Number so the department can fully implement Transportation Code, §623.004 to deny permits to an applicant that is subject to an out-of-service order issued by FMCSA or DPS. Also, proposed amendments require permit applicants to provide an email address and contact information for their contact person. The proposed amendment to §219.11(c)(1)(C) repeals an existing regulation that requires certain permit applicants to provide their MCR number to the department to indicate that they are a motor carrier registered under Transportation Code, Chapter 643. Proposed amendments also repeal an existing regulation regarding hazardous conditions during which movement of a permitted vehicle is prohibited because DPS and FMCSA have the authority to regulate this issue, and the department lacks this authority. Lastly, the proposed amendments do not affect the number of individuals subject to the rule's applicability and will not affect this state's economy.

REQUEST FOR PUBLIC COMMENT.

SUBCHAPTER B. GENERAL PERMITS

43 TAC §§219.11, 219.13, 219.14

STATUTORY AUTHORITY. The department proposes amendments under Transportation Code, §§621.008, 622.002, 622.051, et seq., 623.002, 623.004, 623.070, et seq., 623.074(d), 623.095(c), 623.145, 623.195, 623.342, 623.411, 623.427, 1002.001, as well as the statutes referenced throughout this preamble.

Transportation Code, §621.008 authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621.

Transportation Code, §622.002 authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 622, including Transportation Code, §622.051, et seq. which authorize the department to issue a permit for transporting poles required for the maintenance of electric power transmission and distribution lines.

Transportation Code, §623.002 authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623. Chapter 623 includes sections such as §623.004 which authorizes the department to deny a permit application if the applicant is subject to an out-of-service order issued by FMCSA or DPS; and §623.070, et seq. which authorize the department to issue a permit to an applicant to move certain equipment or commodities and prescribe the application requirements for such permits.

Transportation Code, §623.074(d) authorizes the department to adopt a rule to authorize an applicant to submit an application electronically.

Transportation Code, §623.095(c) authorizes the department to adopt rules concerning the requirements for a permit under §623.095(c) regarding an annual permit for a person authorized to be issued permits under §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.

Transportation Code, §623.145 authorizes the board, in consultation with the Texas Transportation Commission, by rule to provide for the issuance of permits under Subchapter G of Chapter 623 of the Transportation Code regarding oil well servicing and drilling machinery.

Transportation Code, §623.195 authorizes the board, in consultation with the Texas Transportation Commission, by rule to provide for the issuance of permits under Subchapter J of Chapter 623 of the Transportation Code regarding cranes.

Transportation Code, §623.342 authorizes the board to adopt rules that are necessary to implement Subchapter R of Chapter 623 of the Transportation Code regarding federal disaster relief permits.

Transportation Code, §623.411 authorizes the department to adopt rules that are necessary to implement Subchapter U of Chapter 623 of the Transportation Code regarding the permit for intermodal shipping containers.

Transportation Code, §623.427 authorizes the department to adopt rules that are necessary to implement Subchapter V of Chapter 623 regarding the permit for fluid milk.

Transportation Code, §1002.001 authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department.

CROSS REFERENCE TO STATUTE. Transportation Code Chapters 621, 622, and 623.

§219.11.General Oversize/Overweight Permit Requirements and Procedures.

(a) Purpose and scope. This section contains general requirements relating to oversize/overweight permits, including single-trip permits. Specific requirements for each type of specialty permit are provided for in this chapter.

(b) Prerequisites to obtaining an oversize/overweight permit. Unless exempted by law or this chapter, the following requirements must be met prior to the issuance of an oversize/overweight permit.

(1) Commercial motor carrier registration or surety bond. Prior to obtaining an oversize/overweight permit, an applicant permitted under the provisions of Transportation Code, Chapter 623, Subchapter D, must be registered as a commercial motor carrier under Chapter 218 of this title (relating to Motor Carriers) or, if not required to obtain a motor carrier registration, file a surety bond with the department as described in subsection (n) of this section.

(2) Vehicle registration. A vehicle registered with a permit plate will not be issued an oversize/overweight permit under this subchapter. A permitted vehicle operating under this subchapter must be registered with one of the following types of vehicle registration:

(A) current Texas license plates that indicate the permitted vehicle is registered for maximum legal gross weight or the maximum weight the vehicle can transport;

(B) Texas temporary vehicle registration;

(D) foreign commercial vehicles registered under Texas annual registration.

(1) An application for a permit shall be made in a form and by the method prescribed by the department, and at a minimum shall include the following, unless stated otherwise in this subchapter:

(A) name, customer identification number, and address [~~, telephone number, and email address (if requested)~~] of the applicant;

(B) name, telephone number, and email address of contact person; [~~applicant's customer identification number;~~]

(C) applicant's [~~MCR number or~~] USDOT Number if applicant is required by law to have a USDOT Number [~~, if applicable~~];

(D) complete load description, including maximum width, height, length, overhang, and gross weight;

(E) complete description of vehicle, including truck year, make, license plate number and state of issuance, and vehicle identification number, if required;

(F) vehicle axle and tire information including number of axles, distance between axles, axle weights, number of tires, and tire size for overweight permit applications; and

(G) any other information required by law.

(2) Applications transmitted electronically are considered signed if a digital signature is transmitted with the application and intended by the applicant to authenticate the application.

(A) The department may only accept a digital signature used to authenticate an application under procedures that comply with any applicable rules adopted by the Department of Information Resources regarding department use or acceptance of a digital signature.

(B) The department may only accept a digital signature to authenticate an application if the digital signature is:

(i) unique to the person using it;

(ii) capable of independent verification;

(iii) under the sole control of the person using it; and

(iv) transmitted in a manner that will make it infeasible to change the data in the communication or digital signature without invalidating the digital signature.

(d) Maximum permit weight limits.

(1) General. An overweight permitted vehicle will not be routed over a load-restricted bridge when exceeding the posted capacity of the bridge, unless a special exception is granted by TxDOT, based on an analysis of the bridge performed by a TxDOT approved licensed professional engineer or by TxDOT. Any analysis by a non-TxDOT engineer must have final approval from TxDOT.

(A) An axle group must have a minimum spacing of four feet, measured from center of axle to center of axle, between each axle in the group to achieve the maximum permit weight for the group.

(B) The maximum permit weight for an axle group with spacing of five or more feet between each axle will be based on an engineering study of the equipment conducted by TxDOT.

(C) A permitted vehicle will be allowed to have air suspension, hydraulic suspension, and mechanical suspension axles in a common weight equalizing suspension system for any axle group.

(D) The department may permit axle weights greater than those specified in this section, for a specific individual permit request, based on an engineering study of the route and hauling equipment performed by a TxDOT approved licensed professional engineer or by TxDOT. Any analysis by a non-TxDOT engineer must have final approval from TxDOT.

(E) A permitted vehicle or combination of vehicles may not exceed the manufacturer's rated tire carrying capacity, unless expressly authorized in the language on the permit based on an analysis performed by a TxDOT approved licensed professional engineer or by TxDOT. Any analysis by a non-TxDOT engineer must have final approval from TxDOT.

(F) Two or more consecutive axle groups having an axle spacing of less than 12 feet, measured from the center of the last axle of the preceding group to the center of the first axle of the following group, will be reduced by 2.5% for each foot less than 12 feet.

(2) Maximum axle weight limits. Maximum permit weight for an axle or axle group is based on 650 pounds per inch of tire width or the following axle or axle group weights, whichever is the lesser amount:

(A) single axle--25,000 pounds;

(B) two axle group--46,000 pounds;

(D) four axle group--70,000 pounds;

(E) five axle group--81,400 pounds;

(F) axle group with six or more axles--determined by TxDOT based on an engineering study of the equipment, which will include the type of steering system used, the type of axle suspension, the spacing distance between each axle, the number of tires per axle, and the tire size on each axle; or

(G) trunnion axles--30,000 pounds per axle if the trunnion configuration has:

(i) two axles;

(ii) eight tires per axle;

(iii) axles a minimum of 10 feet in width; and

(iv) at least five feet of spacing between the axles, not to exceed six feet.

(3) Weight limits for load restricted roads. Maximum permit weight for an axle or axle group, when traveling on a load restricted road, will be based on 650 pounds per inch of tire width or the following axle or axle group weights, whichever is the lesser amount:

(A) single axle--22,500 pounds;

(B) two axle group--41,400 pounds;

(D) four axle group--63,000 pounds;

(E) five axle group--73,260 pounds;

(G) trunnion axles--54,000 pounds; and

(H) two or more consecutive axle groups having an axle spacing of less than 12 feet, measured from the center of the last axle of the preceding group to the center of the first axle of the following group will be reduced by 2.5% for each foot less than 12 feet.

(e) Permit issuance.

(1) General. Upon receiving an application in the form prescribed by the department, the department will review the permit application for the appropriate information and will then determine the most practical route based on information provided by TxDOT.

(2) Routing.

(A) A permitted vehicle will be routed over the most practical route available taking into consideration:

(i) the size and weight of the overdimension load in relation to vertical clearances, width restrictions, steep grades, and weak or load restricted bridges;

(ii) the geometrics of the roadway in comparison to the overdimension load;

(iii) sections of highways restricted to specific load sizes and weights due to construction, maintenance, and hazardous conditions;

(iv) traffic conditions, including traffic volume;

(v) route designations by municipalities in accordance with Transportation Code, §623.072;

(vi) load restricted roads; and

(vii) other considerations for the safe transportation of the load.

(B) When a permit applicant desires a route other than the most practical, more than one permit will be required for the trip unless an exception is granted by the department.

(3) Movement to and from point of origin or place of business. A permitted vehicle will be allowed to:

(A) move empty oversize and overweight hauling equipment to and from the job site; and

(B) move oversize and overweight hauling equipment with a load from the permitted vehicle's point of origin to pick up a permitted load, and to the permitted vehicle's point of origin or the permittee's place of business after dropping off a permitted load, as long as:

(i) the load does not exceed legal size and weight limits under Transportation Code, Chapters 621 and 622; and

(ii) the transport complies with the permit, including the time period stated on the permit.

(f) Payment of permit fees, refunds.

(1) Payment methods. All permit applications must be accompanied by the proper fee, which shall be payable as provided by §209.23 of this title (relating to Methods of Payment).

(2) Refunds. A permit fee will not be refunded after the permit number has been issued unless such refund is necessary to correct an error made by the permit officer.

(g) Amendments. A permit may be amended for the following reasons:

(1) vehicle breakdown;

(2) changing the intermediate points in an approved permit route;

(3) extending the expiration date due to conditions which would cause the move to be delayed;

(4) changing route origin or route destination prior to the start date as listed on the permit;

(5) changing vehicle size limits prior to the permit start date as listed on the permit, provided that changing the vehicle size limit does not necessitate a change in the approved route; and

(6) correcting any mistake that is made due to permit officer error.

(h) Requirements for overwidth loads.

(1) Unless stated otherwise on the permit, an overwidth load must travel in the outside traffic lane on multi-lane highways, when the width of the load exceeds 12 feet.

(2) Overwidth loads are subject to the escort requirements of subsection (k) of this section.

(3) A permitted vehicle exceeding 16 feet in width will not be routed on the main lanes of a controlled access highway, unless an exception is granted by TxDOT, based on a route and traffic study. The load may be permitted on the frontage roads when available, if the movement will not pose a safety hazard to other highway users.

(4) An applicant requesting a permit to move a load exceeding 20 feet wide will be furnished with a proposed route. The applicant must physically inspect the proposed route to determine if the vehicle and load can safely negotiate it, unless an exception is granted based on a route and traffic study conducted by TxDOT. A permit application and the appropriate fee are required for every route inspection.

(A) The applicant must notify the department in writing whether the vehicle and load can or cannot safely negotiate the proposed route.

(B) If any section of the proposed route is unacceptable, the applicant shall provide the department with an alternate route around the unacceptable section.

(C) Once a route is decided upon and a permit issued, the permit may not be amended unless an exception is granted by the department.

(i) Requirements for overlength loads.

(1) Overlength loads are subject to the escort requirements stated in subsection (k) of this section.

(2) A single vehicle, such as a motor crane, that has a permanently mounted boom is not considered as having either front or rear overhang as a result of the boom because the boom is an integral part of the vehicle.

(3) When a single vehicle with a permanently attached boom exceeds the maximum legal length of 45 feet, a permit will not be issued if the boom projects more than 25 feet beyond the front bumper of the vehicle, or when the boom projects more than 30 feet beyond the rear bumper of the vehicle, unless an exception is granted by TxDOT, based on a route and traffic study.

(4) Maximum permit length for a single vehicle is 75 feet.

(5) A load extending more than 20 feet beyond the front or rearmost portion of the load carrying surface of the permitted vehicle must have a rear escort flag vehicle, unless an exception is granted by TxDOT, based on a route and traffic study.

(6) A permit will not be issued for an oversize vehicle and load with:

(A) more than 25 feet front overhang; or

(B) more than 30 feet rear overhang, unless an exception is granted by TxDOT, based on a route and traffic study.

(7) An applicant requesting a permit to move an oversize vehicle and load exceeding 125 feet overall length will be furnished with a proposed route. The applicant must physically inspect the proposed route to determine if the oversize vehicle and load can safely negotiate it, unless an exception is granted based on a route and traffic study conducted by TxDOT. A permit application and the appropriate fee are required for every route inspection.

(A) The applicant must notify the department in writing whether the oversize vehicle and load can or cannot safely negotiate the proposed route.

(B) If any section of the proposed route is unacceptable, the applicant shall provide the department with an alternate route around the unacceptable section.

(C) Once a route is decided upon and a permit issued, the permit may not be amended unless an exception is granted by the department.

(8) A permitted vehicle that is not overwidth or overheight, and does not exceed 150 feet overall length, may be moved in a convoy consisting of not more than four overlength permitted vehicles. A permitted vehicle that is not overwidth or overheight that exceeds 150 feet, but does not exceed 180 feet overall length, may be moved in a convoy consisting of not more than two overlength permitted vehicles. Convoys are subject to the requirements of subsection (k) of this section. Each permitted vehicle in the convoy must:

(A) be spaced at least 1,000 feet, but not more than 2,000 feet, from any other permitted vehicle in the convoy; and

(B) have a rotating amber beacon or an amber pulsating light, not less than eight inches in diameter, mounted at the rear top of the load being transported.

(j) Requirements for overheight loads.

(1) Overheight loads are subject to the escort requirements stated in subsection (k) of this section.

(2) An applicant requesting a permit to move an oversize vehicle and load with an overall height of 19 feet or greater will be furnished with a proposed route. The applicant must physically inspect the proposed route to determine if the oversize vehicle and load can safely negotiate it, unless an exception is granted based on a route and traffic study conducted by TxDOT. A permit application and the appropriate fee are required for every route inspection.

(A) The applicant must notify the department in writing whether the oversize vehicle and load can or cannot safely negotiate the proposed route.

(B) If any section of the proposed route is unacceptable, the applicant shall provide the department with an alternate route around the unacceptable section.

(C) Once a route is decided upon and a permit issued, the permit may not be amended unless an exception is granted by the department.

(k) Escort flag vehicle requirements. Escort flag vehicle requirements are provided to facilitate the safe movement of permitted vehicles and to protect the traveling public during the movement of permitted vehicles. A permittee must provide for escort flag vehicles and law enforcement assistance when required by TxDOT. The requirements in this subsection do not apply to the movement of manufactured housing, portable building units, or portable building compatible cargo, unless stated otherwise in this chapter.

(1) General.

(A) Applicability. The operator of an escort flag vehicle shall, consistent with applicable law, warn the traveling public when:

(i) a permitted vehicle must travel over the center line of a narrow bridge or roadway;

(ii) a permitted vehicle makes any turning movement that will require the permitted vehicle to travel in the opposing traffic lanes;

(iii) a permitted vehicle reduces speed to cross under a low overhead obstruction or over a bridge;

(iv) a permitted vehicle creates an abnormal and unusual traffic flow pattern; or

(v) in the opinion of TxDOT, warning is required to ensure the safety of the traveling public or safe movement of the permitted vehicle.

(B) Law enforcement assistance. Law enforcement assistance may be required by TxDOT to control traffic when a permitted vehicle is being moved within the corporate limits of a city, or at such times when law enforcement assistance would provide for the safe movement of the permitted vehicle and the traveling public.

(C) Obstructions. It is the responsibility of the permittee to contact utility companies, telephone companies, television cable companies, or other entities as they may require, when it is necessary to raise or lower any overhead wire, traffic signal, street light, television cable, sign, or other overhead obstruction. The permittee is responsible for providing the appropriate advance notice as required by each entity.

(2) Escort requirements for overwidth loads. Unless an exception is granted based on a route and traffic study conducted by TxDOT, an overwidth load must:

(A) have a front escort flag vehicle if the width of the load exceeds 14 feet, but does not exceed 16 feet, when traveling on a two lane roadway;

(B) have a rear escort flag vehicle if the width of the load exceeds 14 feet, but does not exceed 16 feet, when traveling on a roadway of four or more lanes; and

(3) Escort requirements for overlength loads. Unless an exception is granted by TxDOT, based on a route and traffic study, overlength loads must have:

(A) a front escort flag vehicle when traveling on a two lane roadway if the vehicle exceeds 110 feet overall length, but does not exceed 125 feet overall length;

(B) a rear escort flag vehicle when traveling on a multi-lane highway if the vehicle exceeds 110 feet overall length, but does not exceed 125 feet overall length; and

(4) Escort requirements for overheight loads. Unless an exception is granted by TxDOT, based on a route and traffic study, overheight loads must have:

(A) a front escort flag vehicle equipped with a height pole to ensure the vehicle and load can clear all overhead obstructions for any permitted vehicle that exceeds 17 feet in height; and

(B) a front and rear escort flag vehicle for any permitted vehicle exceeding 18 feet in height.

(5) Escort requirements for permitted vehicles exceeding legal limits in more than one dimension. When a load exceeds more than one dimension that requires an escort under this subsection, front and rear escort flag vehicles will be required unless an exception is granted by TxDOT.

(6) Escort requirements for convoys. Convoys must have a front escort flag vehicle and a rear escort flag vehicle on all highways at all times.

(7) General equipment requirements. The following special equipment requirements apply to permitted vehicles and escort flag vehicles that are not motorcycles.

(A) An escort flag vehicle must be a single unit with a gross vehicle weight (GVW) of not less than 1,000 pounds nor more than 10,000 pounds.

(B) An escort flag vehicle must be equipped with two flashing amber lights; one rotating amber beacon of not less than eight inches in diameter; or alternating or flashing blue and amber lights, each of which must be visible from all directions while actively engaged in escort duties for the permitted vehicle.

(C) An escort flag vehicle must display a sign, on either the roof of the vehicle, or the front and rear of the vehicle, with the words "OVERSIZE LOAD" or "WIDE LOAD." The sign must be visible from the front and rear of the vehicle while escorting the permitted load. The sign must meet the following specifications:

(i) at least five feet, but not more than seven feet in length, and at least 12 inches, but not more than 18 inches in height;

(ii) the sign must have a yellow background with black lettering;

(iii) letters must be at least eight inches, but not more than 10 inches high with a brush stroke at least 1.41 inches wide; and

(iv) the sign must be visible from the front or rear of the vehicle while escorting the permitted vehicle, and the signs must not be used at any other time.

(D) An escort flag vehicle must maintain two-way communications with the permitted vehicle and other escort flag vehicles involved with the movement of the permitted vehicle.

(E) Warning flags must be either red or orange fluorescent material, at least 12 inches square, securely mounted on a staff or securely fastened by at least one corner to the widest extremities of an overwidth permitted vehicle, and at the rear of an overlength permitted vehicle or a permitted vehicle with a rear overhang in excess of four feet.

(8) Equipment requirements for motorcycles.

(A) An official law enforcement motorcycle may be used as a primary escort flag vehicle for a permitted vehicle traveling within the limits of an incorporated city, if the motorcycle is operated by a highway patrol officer, sheriff, or duly authorized deputy, or municipal police officer.

(B) An escort flag vehicle must maintain two-way communications with the permitted vehicle and other escort flag vehicles involved with the movement of the permitted vehicle.

(l) Restrictions.

[(1) Restrictions pertaining to road conditions. Movement of a permitted vehicle is prohibited when road conditions are hazardous based upon the judgment of the operator and law enforcement officials. Law enforcement officials shall make the final determination regarding whether or not conditions are hazardous. Conditions that should be considered hazardous include, but are not limited to:]

~~[(A) visibility of less than 2/10 of one mile; or]~~

~~[(B) weather conditions such as wind, rain, ice, sleet, or snow.]~~

(1) [~~(2)~~] Daylight and night movement restrictions.

(A) A permitted vehicle may be moved only during daylight hours unless:

(i) the permitted vehicle is overweight only;

(ii) the permitted vehicle is traveling on an interstate highway and does not exceed 10 feet wide and 100 feet long, with front and rear overhang that complies with legal standards; or

(iii) the permitted vehicle meets the criteria of clause (ii) of this subparagraph and is overweight.

(B) An exception may be granted allowing night movement, based on a route and traffic study conducted by TxDOT. Escort flag vehicles may be required when an exception allowing night movement is granted.

(2) [~~(3)~~] Holiday restrictions. The maximum size limits for a permit issued under Transportation Code, Chapter 623, Subchapter D, for holiday movement is 14 feet wide, 16 feet high, and 110 feet long, unless an exception is granted based on a route and traffic study conducted by TxDOT. The department may restrict holiday movement of specific loads based on a determination that the load could pose a hazard for the traveling public due to local road or traffic conditions.

(3) [~~(4)~~] Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions of any city or county in which the vehicle is operated. However, only the curfew restrictions listed on the permit apply to the permit.

(m) General provisions.

(1) Multiple commodities.

(A) Except as provided in subparagraph (B) of this paragraph, when a permitted commodity creates a single overdimension, two or more commodities may be hauled as one permit load, provided legal axle weight and gross weight are not exceeded, and provided an overdimension of width, length or height is not created or made greater by the additional commodities. For example, a permit issued for the movement of a 12 foot wide storage tank may also include a 10 foot wide storage tank loaded behind the 12 foot wide tank provided that legal axle weight and gross weight are not exceeded, and provided an overdimension of width, length or height is not created.

(B) When the transport of more than one commodity in a single load creates or makes greater an illegal dimension of length, width, or height the department may issue an oversize permit for such load subject to each of the following conditions.

(i) The permit applicant or the shipper of the commodities files with the department a written certification by the Texas Economic Development and Tourism Office, attesting that issuing the permit will have a significant positive impact on the economy of Texas and that the proposed load of multiple commodities therefore cannot be reasonably dismantled. As used in this clause the term significant positive impact means the creation of not less than 100 new full-time jobs, the preservation of not less than 100 existing full-time jobs, that would otherwise be eliminated if the permit is not issued, or creates or retains not less than one percent of the employment base in the affected economic sector identified in the certification.

(ii) Transport of the commodities does not exceed legal axle and gross load limits.

(iii) The permit is issued in the same manner and under the same provisions as would be applicable to the transport of a single oversize commodity under this section; provided, however, that the shipper and the permittee also must indemnify and hold harmless the department, its board members, officers, and employees from any and all liability for damages or claims of damages including court costs and attorney fees, if any, which may arise from the transport of an oversized load under a permit issued pursuant to this subparagraph.

(iv) The shipper and the permittee must file with the department a certificate of insurance on a form prescribed by the department, or otherwise acceptable to the department, naming the department, its board members, officers, and employees as named or additional insurers on its comprehensive general liability insurance policy for coverage in the amount of $5 million per occurrence, including court costs and attorney fees, if any, which may arise from the transport of an oversized load under a permit issued pursuant to this subparagraph. The insurance policy is to be procured from a company licensed to transact insurance business in the State of Texas.

(v) The shipper and the permittee must file with the department, in addition to all insurance provided in clause (iv) of this subparagraph, a certificate of insurance on a form prescribed by the department, or otherwise acceptable to the department, naming the department, its board members, officers, and employees as insurers under an auto liability insurance policy for the benefit of said insurers in an amount of $5 million per accident. The insurance policy is to be procured from a company licensed to transact insurance business in the State of Texas. If the shipper or the permittee is self-insured with regard to automobile liability then that party must take all steps and perform all acts necessary under the law to indemnify the department, its board members, officers, and employees as if the party had contracted for insurance pursuant to, and in the amount set forth in, the preceding sentence and shall agree to so indemnify the department, its board members, officers, and employees in a manner acceptable to the department.

(vi) Issuance of the permit is approved by written order of the board which written order may be, among other things, specific as to duration and routes.

(C) An applicant requesting a permit to haul a dozer and its detached blade may be issued a permit, as a non-dismantable load, if removal of the blade will decrease the overall width of the load, thereby reducing the hazard to the traveling public.

(2) Oversize hauling equipment. A vehicle that exceeds the legal size limits, as set forth by Transportation Code, Chapter 621, Subchapter C, may only haul a load that exceeds legal size limits unless otherwise noted in this subchapter, but such vehicle may haul an overweight load that does not exceed legal size limits, except for the special exception granted in §219.13(c)(3) of this title (relating to Time Permits).

(n) Surety bonds under Transportation Code, §623.075.

(1) General requirements. The surety bond must comply with the following requirements:

(A) be in the amount of $10,000;

(B) be filed on a form and in a manner prescribed by the department;

(D) include the primary mailing address and zip code of the principal;

(E) be signed by the principal; and

(F) have a single entity as principal with no other principal names listed.

(2) Non-resident agent. A non-resident agent with a valid Texas insurance license may issue a surety bond on behalf of an authorized insurance company when in compliance with Insurance Code, Chapter 4056.

(3) Certificate of continuation. A certificate of continuation will not be accepted.

(4) Electronic copy of surety bond. The department will accept an electronic copy of the surety bond in lieu of the original surety bond. [~~The following conditions apply to surety bonds specified in Transportation Code, §623.075.~~]

~~[(A) The surety bond must:]~~

[(i) be made payable to the Texas Department of Transportation with the condition that the applicant will pay the Texas Department of Transportation for any damage caused to the highway by the operation of the equipment covered by the surety bond;]

[(ii) be effective the day it is issued and expires at the end of the state fiscal year, which is August 31st. For example, if you obtain a surety bond on August 30th, it will expire the next day at midnight;]

~~[(iii) include the complete mailing address and zip code of the principal;]~~

~~[(iv) be filed with the department and have an original signature of the principal;]~~

~~[(v) have a single entity as principal with no other principal names listed; and]~~

~~[(vi) A non-resident agent with a valid Texas insurance license may issue a bond on behalf of an authorized insurance company when in compliance with Insurance Code, Chapter 4056.]~~

~~[(B) A certificate of continuation will not be accepted.]~~

[(C) The owner of a vehicle bonded under Transportation Code, §623.075 or §623.163, that damages the state highway system as a result of the permitted vehicle's movement will be notified by certified mail of the amount of damage and will be given 30 days to submit payment for such damage. Failure to make payment within 30 days will result in TxDOT placing the claim with the attorney general for collection.]

[(D) The venue of any suit for a claim against a surety bond for the movement of a vehicle permitted under the provisions of Transportation Code, Chapter 623, Subchapter D, will be any court of competent jurisdiction in Travis County.]

~~[(2) Permit surety bonds.]~~

~~[(A) A surety bond required under the provisions of Transportation Code, Chapter 623, Subchapter D, must be submitted on the department's standard surety bond form in the amount of $10,000.]~~

[(B) A facsimile or electronic copy of the surety bond is acceptable in lieu of the original surety bond, for a period not to exceed 10 days from the date of its receipt in the department. If the original surety bond has not arrived in the department by the end of the 10 days, the applicant will not be issued a permit until the original surety bond has been received in the department.]

~~[(C) The surety bond requirement does apply to the delivery of farm equipment to a farm equipment dealer.]~~

~~[(D) A surety bond is required when a dealer or transporter of farm equipment or a manufacturer of farm equipment obtains a permit.]~~

[(E) The surety bond requirement does not apply to driving or transporting farm equipment which is being used for agricultural purposes if it is driven or transported by or under the authority of the owner of the equipment.]

~~[(F) The surety bond requirement does not apply to a vehicle or equipment operated by a motor carrier registered with the department under Transportation Code, Chapters 643 or 645 as amended.]~~

§219.13.Time Permits.

(a) General information. Applications for time permits issued under Transportation Code, Chapter 623, and this section shall be made in accordance with §219.11(b) and (c) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures). Permits issued under this section are governed by the requirements of §219.11(e)(1) of this title.

(b) 30, 60, and 90 day permits. The following conditions apply to time permits issued for overwidth or overlength loads, or overlength vehicles, under this section.

(1) Fees. The fee for a 30-day permit is $120; the fee for a 60-day permit is $180; and the fee for a 90-day permit is $240. All fees are payable in accordance with §219.11(f) of this title. All fees are non-refundable.

(2) Validity of Permit. Time permits are valid for a period of 30, 60, or 90 calendar days, based on the request of the applicant, and will begin on the effective date stated on the permit.

(3) Weight/height limits. The permitted vehicle may not exceed the weight or height limits set forth by Transportation Code, Chapter 621, Subchapters B and C.

(4) Registration requirements for permitted vehicles. Time permits will not be issued to a vehicle or vehicle combination that is registered with temporary vehicle registration.

(5) Vehicle indicated on permit. The permit will indicate only the truck or truck-tractor transporting the load; however, any properly registered trailer or semi-trailer is covered by the permit.

(6) Permit routes. The permit will allow travel on a statewide basis.

(7) Restrictions.

(A) The permitted vehicle must not cross a load restricted bridge or load restricted road when exceeding the posted capacity of the road or bridge.

(B) The permitted vehicle may travel through highway construction or maintenance areas if the dimensions do not exceed the construction restrictions as published by the department.

(C) The permitted vehicle is subject to the restrictions specified in §219.11(l) of this title, and the permittee is responsible for obtaining from the department information concerning current restrictions.

(8) Escort requirements. Permitted vehicles are subject to the escort requirements specified in §219.11(k) of this title.

(9) Transfer of time permits. Time permits issued under this subsection are non-transferable between permittees or vehicles.

(10) Amendments. With the exception of time permits issued under subsection (e)(4) of this section, time permits issued under this subsection will not be amended except in the case of permit officer error.

(c) Overwidth loads. An overwidth time permit may be issued for the movement of any load or overwidth trailer, subject to subsection (a) of this section and the following conditions:

(1) Width requirements.

(A) A time permit will not be issued for a vehicle with a width exceeding 13 feet.

(B) When multiple items are hauled at the same time, the items may not be loaded in a manner that creates a width greater than the width of the widest item being hauled.

(2) Weight, height, and length requirements.

(A) The permitted vehicle shall not exceed legal weight, height, or length according to Transportation Code, Chapter 621, Subchapters B and C.

(B) When multiple items are hauled at the same time, the items may not be loaded in a manner that creates:

(i) a height greater than 14 feet;

(ii) an overlength load; or

(iii) a gross weight exceeding the legal gross or axle weight of the vehicle hauling the load.

(3) Movement of overwidth trailers. When the permitted vehicle is an overwidth trailer, it will be allowed to:

(A) move empty to and from the job site; and

(B) haul a load from the permitted vehicle's point of origin to pick up a permitted load, and to the permitted vehicle's point of origin or the permittee's place of business after dropping off a permitted load, as long as:

(i) the load does not exceed legal size and weight limits under Transportation Code, Chapters 621 and 622; and

(ii) the transport complies with the permit, including the time period stated on the permit.

(4) Use in conjunction with other permits. An overwidth time permit may be used in conjunction with an overlength time permit.

(d) Overlength loads. An overlength time permit may be issued for the transportation of overlength loads or the movement of an overlength self-propelled vehicle, subject to subsection (a) of this section and the following conditions:

(1) Length requirements.

(A) The maximum overall length for the permitted vehicle may not exceed 110 feet.

(B) The department may issue a permit under Transportation Code, §623.071(a) for an overlength load or an overlength self-propelled vehicle that falls within the definition of a nondivisible load or vehicle.

(2) Weight, height and width requirements.

(A) The permitted vehicle may not exceed legal weight, height, or width according to Transportation Code, Chapter 621, Subchapters B and C.

(B) A permit will not be issued when the load has more than 25 feet front overhang, or more than 30 feet rear overhang.

(3) Use in conjunction with other permits. An overlength time permit may be used in conjunction with an overwidth time permit.

(4) Emergency movement. A permitted vehicle transporting utility poles will be allowed emergency night movement for restoring electrical utility service, provided the permitted vehicle is accompanied by a rear escort flag vehicle.

(e) Annual permits.

(1) General information. All permits issued under this subsection are subject to the following conditions.

(A) Fees for permits issued under this subsection are payable as described in §219.11(f) of this title.

(B) Permits issued under this subsection are not transferable.

(C) Vehicles permitted under this subsection shall be operated according to the restrictions described in §219.11(l) of this title. The permittee is responsible for obtaining information concerning current restrictions from the department.

(D) Vehicles permitted under this subsection may not travel over a load restricted bridge or load restricted road when exceeding the posted capacity of the road or bridge.

(E) Vehicles permitted under this subsection may travel through any highway construction or maintenance area provided the dimensions do not exceed the construction restrictions as published by the department.

(F) With the exception of permits issued under paragraph (5) of this subsection, vehicles permitted under this subsection shall be operated according to the escort requirements described in §219.11(k) of this title.

(2) Implements of husbandry. An annual permit may be issued for an implement of husbandry being moved by a dealer in those implements, and for harvesting equipment being moved as part of an agricultural operation. Permits issued under this paragraph are subject to the conditions described in paragraph (1) of this subsection.

(A) The fee for a permit issued under this paragraph is $270, plus the highway maintenance fee specified in Transportation Code, §623.077.

(B) The time period will be for one year and will start on the effective date stated on the permit.

(C) The maximum width may not exceed 16 feet; maximum height may not exceed 16 feet; maximum length may not exceed 110 feet; and maximum weight may not exceed the limits stated in §219.11(d) of this title.

(D) Unless stated otherwise on the permit, the permitted vehicle must travel in the outside traffic lane on multi-lane highways, when the width of the load exceeds 12 feet.

(E) The permitted vehicle must be registered in accordance with Transportation Code, Chapter 502, for maximum weight for the vehicle or vehicle combination, as set forth by Transportation Code, Chapter 621.

(3) Water well drilling machinery. The department may issue annual permits under Transportation Code, §623.071, for water well drilling machinery and equipment that fall within the definition of a nondivisible load or vehicle. Permits issued under this paragraph are subject to the conditions described in paragraph (1) of this subsection.

(A) The fee for a permit issued under this paragraph is $270, plus the highway maintenance fee specified in Transportation Code, §623.077 for an overweight load.

(B) A water well drilling machinery permit is valid for one year from the effective date stated on the permit.

(C) The maximum dimensions may not exceed 16 feet wide, 14 feet 6 inches high, 110 feet long, and maximum weight may not exceed the limits stated in §219.11(d) of this title.

(D) The permitted vehicle must be registered in accordance with Transportation Code, Chapter 502, for the maximum weight of the vehicle, as set forth by Transportation Code, Chapter 621.

(E) A permit issued under this section authorizes a permitted vehicle to operate only on the state highway system.

(4) Envelope vehicle permits.

(A) The department may issue an annual permit under Transportation Code, §623.071(c), to a specific vehicle, for the movement of superheavy or oversize equipment that falls within the definition of a nondivisible load. This permit may not be used for a container, including a trailer or an intermodal container, loaded with divisible cargo. Unless otherwise noted, permits issued under this paragraph are subject to the conditions described in paragraph (1) of this subsection.

(i) Superheavy or oversize equipment operating under an annual envelope vehicle permit may not exceed:

(I) 12 feet in width;

(II) 14 feet in height;

(III) 110 feet in length; or

(IV) 120,000 pounds gross weight.

(ii) Superheavy or oversize equipment operating under an annual envelope vehicle permit may not transport a load that has more than 25 feet front overhang, or more than 30 feet rear overhang.

(iii) The fee for an annual envelope vehicle permit is $4,000, and is non-refundable.

(iv) The time period will be for one year and will start on the effective date stated on the permit.

(v) This permit authorizes operation of the permitted vehicle only on the state highway system.

(vi) The permitted vehicle must comply with §219.11(d)(2) and (3) of this title.

(vii) The permitted vehicle or vehicle combination must be registered in accordance with Transportation Code, Chapter 502, for maximum weight as set forth by Transportation Code, Chapter 621.

(viii) A permit issued under this paragraph is non-transferable between permittees.

(ix) A permit issued under this paragraph may be transferred from one vehicle to another vehicle in the permittee's fleet provided:

(I) the permitted vehicle is destroyed or otherwise becomes permanently inoperable, to an extent that it will no longer be utilized, and the permittee presents proof that the negotiable certificate of title or other qualifying documentation has been surrendered to the department; or

(II) the certificate of title to the permitted vehicle is transferred to someone other than the permittee, and the permittee presents proof that the negotiable certificate of title or other qualifying documentation has been transferred from the permittee.

(x) A single-trip permit, as described in §219.12 of this title (relating to Single-Trip Permits Issued Under Transportation Code, Chapter 623, Subchapter D), may be used in conjunction with an annual permit issued under this paragraph for the movement of vehicles or loads exceeding the height or width limits established in subparagraph (A) of this paragraph. The department will indicate the annual permit number on any single-trip permit to be used in conjunction with a permit issued under this paragraph, and permittees will be assessed a fee of $60 for the single-trip permit.

(B) The department may issue an annual permit under Transportation Code, §623.071(d), to a specific motor carrier, for the movement of superheavy or oversize equipment that falls within the definition of a nondivisible load. This permit may not be used for a container, including a trailer or an intermodal container, loaded with divisible cargo. Unless otherwise noted, permits issued under this paragraph are subject to the conditions described in paragraph (1) of this subsection and subparagraphs (A)(i)-(viii) of this paragraph. A permit issued under this paragraph may be transferred from one vehicle to another vehicle in the permittee's fleet provided:

(i) that no more than one vehicle is operated at a time; and

(ii) the original certified permit is carried in the vehicle that is being operated under the terms of the permit.

(C) An annual envelope permit issued under subparagraph (B) of this paragraph will be sent to the permittee via registered mail, or at the permittee's request and expense overnight delivery service. This permit may not be duplicated. This permit will be replaced only if:

(i) the permittee did not receive the original permit within seven business days after its date of issuance;

(ii) a request for replacement is submitted to the department within 10 business days after the original permit's date of issuance; and

(iii) the request for replacement is accompanied by a notarized statement signed by a principle or officer of the permittee acknowledging that the permittee understands the permit may not be duplicated and that if the original permit is located, the permittee must return either the original or replacement permit to the department.

(D) A request for replacement of a permit issued under subparagraph (B) of this paragraph will be denied if the department can verify that the permittee received the original.

(E) Lost, misplaced, damaged, destroyed, or otherwise unusable permits will not be replaced. A new permit will be required.

(5) Annual manufactured housing permit. The department may issue an annual permit 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, in accordance with Transportation Code, §623.094. Permits issued under this paragraph are subject to the requirements of paragraph (1), subparagraphs (A), (B), (C), (D), (E), and (G), of this subsection.

(A) A permit shall contain the name of the company or person authorized to be issued permits by Transportation Code, Chapter 623, Subchapter E.

(B) The fee for a permit issued under this paragraph is $1,500. Fees are non-refundable, and shall be paid in accordance with §219.11(f) of this title.

(D) The permitted vehicle must travel in the outside traffic lane on multi-lane highways when the width of the load exceeds 12 feet.

(E) The permitted vehicle must be registered in accordance with Transportation Code, Chapter 502.

(F) Authorized movement for a vehicle permitted under this section shall be valid during daylight hours only as defined by Transportation Code, §541.401.

(G) The permitted vehicle must be operated in accordance with the escort requirements described in §219.14(f) of this title (relating to Manufactured Housing, and Industrialized Housing and Building Permits).

(H) Permits issued under this section are non-transferable between permittees.

(6) Power line poles. An annual permit will be issued under Transportation Code, Chapter 622, Subchapter E, for the movement of poles required for the maintenance of electric power transmission and distribution lines. Permits issued under this paragraph are subject to the conditions described in paragraph (1) of this subsection.

(A) The fee for the permit is $120.

(B) The time period will be for one year and will start on the effective date stated on the permit.

(D) The width, height and gross weight of the permitted vehicle may not exceed the limits set forth by Transportation Code, Chapter 621.

(E) Vehicles permitted under this paragraph may not travel over a load restricted bridge or load zoned road when exceeding posted limits.

(F) The permitted vehicle must be registered in accordance with Transportation Code, Chapter 502, for maximum weight as set forth by Transportation Code, Chapter 621.

(G) Movement will be between the hours of sunrise and sunset; however, the limitation on hours of operation does not apply to a vehicle being operated to prevent interruption or impairment of electric service, or to restore electric service that has been interrupted. When operated at night, a vehicle permitted under this subsection must be accompanied by a rear escort flag vehicle.

[(H) The permitted vehicle may not travel during hazardous road conditions as stated in §219.11(l)(1)(A) and (B) of this title except to prevent interruption or impairment of electric service, or to restore electric service that has been interrupted.]

(H) [~~(I)~~] The speed of the permitted vehicle may not exceed 50 miles per hour.

(I) [~~(J)~~] The permitted vehicle must display on the extreme end of the load:

(i) two red lamps visible at a distance of at least 500 feet from the rear;

(ii) two red reflectors that indicate the maximum width and are visible, when light is insufficient or atmospheric conditions are unfavorable, at all distances from 100 to 600 feet from the rear when directly in front of lawful lower beams of headlamps; and

(iii) two red lamps, one on each side, that indicate the maximum overhang, and are visible at a distance of at least 500 feet from the side of the vehicle.

(7) Cylindrically shaped bales of hay. An annual permit may be issued under Transportation Code, §623.017, for the movement of vehicles transporting cylindrically shaped bales of hay. Permits issued under this paragraph are subject to the conditions described in paragraph (1) of this subsection.

(A) The permit fee is $10.

(B) The time period will be for one year, and will start on the effective date stated on the permit.

(D) The length, height, and gross weight of the permitted vehicle may not exceed the limits set forth by Transportation Code, Chapter 621.

(E) Movement is restricted to daylight hours only.

(F) The permitted vehicle must be registered in accordance with Transportation Code, Chapter 502, for maximum weight, as set forth by Transportation Code, Chapter 621.

(8) Overlength load or vehicles. An annual overlength permit may be issued for the transportation of a nondivisible overlength load or the movement of a nondivisible overlength vehicle or combination of vehicles under Transportation Code, §623.071(c-1). This permit is subject to the portions of subsections (a), (b), and (d) of this section that are not limited to the fee or duration for the 30, 60, and 90 day permits.

§219.14.Manufactured Housing, and Industrialized Housing and Building Permits.

(a) General Information.

(1) A manufactured home that exceeds size limits for motor vehicles as defined by Transportation Code, Chapter 621, Subchapters B and C, must obtain a permit from the department.

(2) Pursuant to Transportation Code, Chapter 623, Subchapter E, a permit may be issued to persons registered as manufacturers, installers, or retailers with the Texas Department of Housing and Community Affairs or motor carriers registered with the department under Transportation Code, Chapter 643.

(3) The department may issue a permit to the owner of a manufactured home provided that:

(A) the same owner is named on the title of the manufactured home and towing vehicle;

(B) or the owner presents a lease showing that the owner of the manufactured home is the lessee of the towing vehicle.

(b) Permit application. [~~Application for permit.~~]

(1) To qualify for a permit under this section, a person must submit an application to the department. [The applicant must complete the application and shall include the manufactured home's HUD label number, Texas seal number, or the complete identification number or serial number of the manufactured home, and the overall width, height, and length of the home and the towing vehicle in combination. If the manufactured home is being moved to or from a site in this state where it has been, or will be, occupied as a dwelling, the permit must also show the name of the owner of the home, the location from which the home is being moved, and the location to which the home is being delivered.]

(2) All applications shall be made in a form and by the method prescribed by the department, and at a minimum shall include the following:

(A) name, customer identification number, and address of the applicant;

(B) name, telephone number, and email address of contact person;

(D) complete description of the manufactured home, including the year, make and one of the following:

(i) manufactured home's HUD label number;

(ii) Texas seal number; or

(iii) the complete identification number or serial number;

(E) the maximum width, height and length of the vehicle and manufactured home; and

(F) any other information required by law, including the information listed in Transportation Code §623.093(a).

[(2) A permit application for industrialized housing or industrialized building that does not meet the definition in Occupations Code, §1202.002 and §1202.003 shall be submitted in accordance with §219.11(c) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).]

(c) Amendments to permit. Amendments can only be made to change intermediate points between the origination and destination points listed on the permit.

(d) Payment of permit fee. The cost of the permit is $40, payable in accordance with §219.11(f) of this title.

(e) Permit provisions and conditions.

(1) The overall combined length of the manufactured home and the towing vehicle includes the length of the hitch or towing device.

(2) The height is measured from the roadbed to the highest elevation of the manufactured home.

(3) The width of a manufactured home includes any roof or eaves extension or overhang on either side.

(4) A permit will be issued for a single continuous movement not to exceed five days.

(5) Movement must be made during daylight hours only and may be made on any day except New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(6) The department may limit the hours for travel on certain routes because of heavy traffic conditions.

(7) The department will publish any limitations on movements during the national holidays listed in this subsection, or any limitations during certain hours of heavy traffic conditions, and will make such publications available to the public prior to the limitations becoming effective.

(8) The permit will contain the route for the transportation of the manufactured home from the point of origin to the point of destination.

(9) The route for the transportation must be the most practical route as described in §219.11(e) of this title, except where construction is in progress and the permitted vehicle's dimensions exceed the construction restrictions as published by the department, or where bridge or overpass width or height would create a safety hazard.

(10) The department will publish annually a map or list of all bridges or overpasses which, due to height or width, require an escort flag vehicle to stop oncoming traffic while the manufactured home crosses the bridge or overpass.

(11) A permittee may not transport a manufactured home with a void permit; a new permit must be obtained.

(f) Escort requirements.

(1) A manufactured home exceeding 12 feet in width must have a rotating amber beacon of not less than eight inches in diameter mounted somewhere on the roof at the rear of the manufactured home, or may have two five-inch flashing amber lights mounted approximately six feet from ground level at the rear corners of the manufactured home. The towing vehicle must have one rotating amber beacon of not less than eight inches in diameter mounted on top of the cab. These beacons or flashing lights must be operational and luminiferous during any permitted move over the highways, roads, and streets of this state.

(2) A manufactured home with a width exceeding 16 feet but not exceeding 18 feet must have a front escort flag vehicle on two-lane roadways and a rear escort flag vehicle on roadways of four or more lanes.

(3) A manufactured home exceeding 18 feet in width must have a front and a rear escort flag vehicle on all roadways at all times.

(4) The escort flag vehicle must:

(A) have one red 16 inch square flag mounted on each of the four corners of the vehicle;

(B) have a sign mounted on the front and rear of the vehicle displaying the words "WIDE LOAD" in black letters at least eight inches high with a brush stroke at least 1.41 inches wide against a yellow background;

(i) two simultaneously flashing lights;

(ii) one rotating amber beacon of not less than eight inches in diameter; or

(iii) alternating or flashing blue and amber lights; and

(D) maintain two-way communications with the permitted vehicle and other escort flag vehicles involved with the movement of the permitted vehicle.

(5) Two transportable sections of a multi-section manufactured home, or two single section manufactured homes, when towed together in convoy, may be considered one home for purposes of the escort flag vehicle requirements, provided the distance between the two units does not exceed 1,000 feet.

(6) An escort flag vehicle must comply with the requirements in §219.11(k)(1) and §219.11(k)(7)(A) of this title.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 17, 2023.

TRD-202303026

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: October 1, 2023

For further information, please call: (512) 465-4160

SUBCHAPTER C. PERMITS FOR OVER AXLE AND OVER GROSS WEIGHT TOLERANCES

43 TAC §§219.30 - 219.36

Transportation Code, §621.008 authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621.

Transportation Code, §623.074(d) authorizes the department to adopt a rule to authorize an applicant to submit an application electronically.

Transportation Code, §623.342 authorizes the board to adopt rules that are necessary to implement Subchapter R of Chapter 623 of the Transportation Code regarding federal disaster relief permits.

Transportation Code, §623.427 authorizes the department to adopt rules that are necessary to implement Subchapter V of Chapter 623 regarding the permit for fluid milk.

Transportation Code, §1002.001 authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department.

CROSS REFERENCE TO STATUTE. Transportation Code Chapters 621, 622, and 623.

§219.30.Permits for Over Axle and Over Gross Weight Tolerances.

(a) Purpose. In accordance with Transportation Code, §623.011, the department is authorized under certain conditions to issue an annual permit for the operation of a vehicle within certain tolerances above legal axle and gross weight limits, as provided in Transportation Code, Chapter 621. The sections under this subchapter set forth the requirements and procedures to be used in issuing an annual permit.

(b) Scope. A permit may be issued to an applicant under this subchapter to operate a vehicle that exceeds the legal axle weight by a tolerance of 10% and the legal gross weight by a tolerance of 5.0% on any county road and on any road in the state highway system provided the vehicle:

(1) is not operated on the national system of interstate and defense highways at a weight greater than authorized by federal law; and

(2) is not operated on a bridge for which the maximum weight and load limit has been established and posted under Transportation Code, §621.102 or §621.301, if the gross weight of the vehicle and load or the axles and wheel loads are greater than the established and posted limits, unless the bridge provides the only public vehicular access to or from the permittee's origin or destination.

[(c) Eligibility. To be eligible for a permit under this section, a vehicle must be registered under Transportation Code, Chapter 502, for the maximum gross weight applicable to the vehicle under Transportation Code, §621.101, not to exceed 80,000 pounds in total gross weight.]

~~[(d) Security.]~~

[(1) Before a permit may be issued under this section, an applicant, other than an applicant who intends to operate a vehicle that is loaded with timber or pulp wood, wood chips, cotton, or agricultural products in their natural state, must have on file with the department one of the following forms of security in the amount of $15,000, conditioned that payment will be made to the department for any damages to the state highway system and to any county for damages to a road or bridge of such county caused by the operation of any vehicle for which a permit is issued under this section and which has an axle weight or gross weight that exceeds the weights authorized in Transportation Code, Chapter 621:]

~~[(A) an irrevocable letter of credit issued by a financial institution which deposits are guaranteed by the Federal Deposit Insurance Corporation; or]~~

~~[(B) a blanket surety bond.]~~

~~[(2) The department may reject a bond which it determines will not provide the intended security.]~~

[(3) If payment is made by the issuer in respect of the bond or letter of credit and the applicant does not file with the department a replacement bond or letter of credit in the full amount of $15,000, or a notification from the issuer of the existing bond or letter of credit that the existing bond or letter of credit has been restored to the full $15,000, within 30 days after the date of such payment, all permits held by the applicant under this section shall automatically expire on the 31st day after such date.]

(1) To qualify for a permit under this section, a person [~~A person who desires to permit a vehicle as provided in this section,~~] must submit an application to the department.

(2) The application shall be in a form prescribed by the department and at a minimum will require the following:

(A) name, customer identification number, and address of the applicant;

(B) name, [~~of contact person and~~] telephone number, and email address of contact person;

(C) vehicle information, including truck year, make, license plate number and state of issuance, and vehicle identification number;

(D) an indication as to whether the commodities to be transported will be agricultural or non-agricultural; [~~and~~]

(E) a list of counties in which the vehicle will operate; and

(F) applicant's USDOT Number if applicant is required by law to have a USDOT Number.

(3) The application shall be accompanied by:

(A) the total permit fee, which includes an administrative fee of $5, the base fee, and the applicable annual fee based on the number of counties designated for travel; and

(B) an original bond or irrevocable letter of credit as required in Transportation Code §623.012.

(4) Payment of fees. Fees for permits issued under this subchapter are payable as required by §219.11(f) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).

(d) [~~(f)~~] Issuance of permit and windshield sticker.

(1) A permit and a windshield sticker will be issued on the approval of the application and each will be mailed to the applicant at the address contained in the application.

(2) The permit shall be carried in the vehicle for which the permit is issued at all times.

(3) The windshield sticker shall be affixed to the inside of the windshield of the vehicle within six inches above the vehicle's inspection sticker in a manner that will not obstruct the vision of the driver. Any attempt to remove the sticker from the windshield will render the sticker void, and will require a new permit and sticker. The windshield sticker must be removed from the vehicle upon expiration of the permit.

(4) A replacement sticker for a lost, stolen, or mutilated windshield sticker may be issued, provided that the permittee submits a request on a form approved by the department which shall include a statement, signed by the permittee, affirming that the sticker was lost, stolen, or mutilated. The replacement sticker shall only be valid for the permitted vehicle. The cost for a replacement sticker is $3.00.

(5) Within 14 days of issuance of the permit, the department shall notify the county clerk of each county indicated on the application, and such notification shall contain or be accompanied by the following minimum information:

(A) the name and address of the person for whom a permit is issued; and

(B) the vehicle identification number, license plate number, and registration state of the vehicle, and the permit number.

(e) [~~(g)~~] Issuance of a credit. Upon written application on a form prescribed by the department, a prorated credit for the remaining time on the permit may be issued for a vehicle that is destroyed or otherwise becomes permanently inoperable to an extent that it will no longer be utilized. The date for computing a credit will be based on the date of receipt of the credit request. The fee for a credit will be $25, and will be issued on condition that the applicant provides to the department:

(1) the original permit; or

(2) if the original permit no longer exists, written evidence of the destruction or permanent incapacity from the insurance carrier of the vehicle.

(f) [~~(h)~~] Use of credit. A credit issued under subsection (e) [~~(g)~~] of this section may be used only towards the payment of permit fees under this section.

(g) [~~(i)~~] Exceptions. A vehicle carrying timber, wood chips, wood pulp, cotton, or other agricultural products in their natural state, may be allowed to exceed the maximum allowable axle weight by 12% without a permit; however, if such vehicle exceeds the maximum allowable gross weight by an amount of up to 5.0%, a permit issued in accordance with this section will be required.

(h) [~~(j)~~] Lapse or termination of permit. A permit shall lapse or terminate and the windshield sticker must be removed from the vehicle:

(1) when the lease of the vehicle expires;

(2) on the sale of the vehicle for which the permit was issued;

(3) on the sale, takeover, or dissolution of the firm, partnership, or corporation to which a permit was issued; or

(4) if the permittee [~~applicant~~] does not replace or replenish the letter of credit or bond as required by Transportation Code, §623.012. [~~in subsection (d) of this section.~~]

~~[(k) Void permit. A permit will be voided when the department is informed by law enforcement that a citation has been issued for a violation of a permit's terms and conditions.]~~

~~[(l) Movement with void permit. A permittee may not operate a permitted vehicle with a void permit; a new permit must be obtained.]~~

§219.31.Timber Permits.

(a) Purpose. This section prescribes the requirements and procedures regarding the annual permit for the operation of a vehicle or combination of vehicles that will be used to transport unrefined timber, wood chips, woody biomass, or equipment used to load timber on a vehicle under the provisions of Transportation Code, Chapter 623, Subchapter Q.

(b) Application for permit.

(1) To qualify for a timber permit, a person must submit an application to the department.

(2) The application shall be in a form prescribed by the department and at a minimum, will require the following:

(A) name, customer identification number, and address [~~, telephone number, and email address (if requested)~~] of the applicant;

(B) name, [~~of contact person and~~] telephone number, and [or] email address of contact person;

(C) vehicle information, including vehicle year, make, license plate number and state of issuance, and vehicle identification number; [~~and~~]

(D) a list of timber producing counties described in Transportation Code, §623.321(a), in which the vehicle or combination of vehicles will be operated; and

(E) applicant's USDOT Number if applicant is required by law to have a USDOT Number.

(3) The application shall be accompanied by:

(A) the total annual permit fee required by statute; and

(B) a blanket bond or irrevocable letter of credit as required by Transportation Code, §623.012, unless the applicant has a current blanket bond or irrevocable letter of credit on file with the department that complies with Transportation Code, §623.012.

(4) Fees for permits issued under this section are payable as required by §219.11(f) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).

(1) A permit and a windshield sticker will be issued once the application is approved, and each will be mailed to the applicant at the address contained in the application.

(2) The windshield sticker shall be affixed to the inside of the windshield of the vehicle in accordance with the diagram printed on the back of the sticker and in a manner that will not obstruct the vision of the driver. Any attempt to remove the sticker from the windshield will render the sticker void and will require a new permit and sticker.

(3) A replacement sticker for a lost, stolen, or mutilated windshield sticker may be issued, provided that the permittee submits a request on a form approved by the department which shall include a statement, signed by the permittee, affirming that the sticker was lost, stolen, or mutilated. The replacement sticker shall only be valid for the permitted vehicle.

(d) Notification. The financially responsible party as defined in Transportation Code, §623.323(a), shall electronically file the notification document described by §623.323(b) with the department via the form on the department's website.

(e) Transfer of permit. An annual permit issued under this section is not transferable between vehicles.

(f) Amendments. An annual permit issued under this section will not be amended except in the case of department error.

(g) Termination of permit. An annual permit issued under this section will automatically terminate, and the windshield sticker must be removed from the vehicle:

(1) on the expiration of the permit;

(2) when the lease of the vehicle expires;

(3) on the sale or other transfer of ownership of the vehicle for which the permit was issued;

(4) on the dissolution or termination of the partnership, corporation, or other legal entity to which the permit was issued; or

(5) if the permittee fails to timely replenish the bond or letter of credit as required by Transportation Code, §623.012.

(h) Restrictions. Permits issued under this section are subject to the restrictions in §219.11(l) of this title.

§219.32.Ready-Mixed Concrete Truck Permits.

(a) Purpose. This section prescribes the requirements, restrictions, and procedures regarding the annual permit for a ready-mixed concrete truck, operating on three axles, under the provisions of Transportation Code, §623.0171 and Chapter 622, Subchapter B.

(b) Axles. To qualify for movement with a ready-mixed concrete truck permit, the truck may only operate on three axles, regardless of whether the truck actually has more than three axles.

(1) To qualify for a ready-mixed concrete truck permit, a person must submit an application to the department.

(2) The application shall be in a form prescribed by the department and at a minimum, will require the following:

(A) name, customer identification number, and address of the applicant;

(B) name, [~~of contact person and~~] telephone number, and [or] email address of contact person;

(C) vehicle information, including vehicle year, make, license plate number and state of issuance, and vehicle identification number; [~~and~~]

(D) a list of counties in which the vehicle will be operated; and

(E) applicant's USDOT Number if applicant is required by law to have a USDOT Number.

(3) The application shall be accompanied by the total annual permit fee of $1,000.

(4) Fees for permits issued under this section are payable as required by §219.11(f) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).

(d) Issuance and placement of permit and windshield sticker; restrictions.

(1) A permit and a windshield sticker will be issued once the application is approved, and each will be mailed to the applicant at the address contained in the application.

(3) A replacement sticker for a lost, stolen, or mutilated windshield sticker may be issued, provided that the permittee submits a request on a form approved by the department. The request shall include a statement, signed by the permittee, affirming that the sticker was lost, stolen, or mutilated. The replacement sticker shall only be valid for the permitted vehicle.

(e) Transfer of permit. An annual permit issued under this section is not transferable between vehicles.

(f) Amendments. An annual permit issued under this section will not be amended except in the case of department error.

(g) Termination of permit. An annual permit issued under this section will automatically terminate, and the windshield sticker must be removed from the vehicle:

(1) on the expiration of the permit;

(2) when the lease of the vehicle expires;

(3) on the sale or other transfer of ownership of the vehicle for which the permit was issued; or

(4) on the dissolution or termination of the partnership, corporation, or other legal entity to which the permit was issued.

[(h) Restrictions pertaining to road conditions. Movement of a permitted vehicle is prohibited when road conditions are hazardous based upon the judgment of the operator and law enforcement officials. Law enforcement officials shall make the final determination regarding whether or not conditions are hazardous. Conditions that should be considered hazardous include, but are not limited to:]

~~[(1) visibility of less than 2/10 of one mile; or]~~

~~[(2) weather conditions such as wind, rain, ice, sleet, or snow.]~~

(h) [~~(i)~~] Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions published by the department. [~~of any city in which the vehicle is operated.~~]

(i) [~~(j)~~] Construction or maintenance areas.

(1) Permits issued under this section authorize the operator of the permitted vehicle to travel through any state highway construction or maintenance area, provided the size and weight of the vehicle do not exceed the construction restrictions that are available on the department's website. If a permitted vehicle is delivering concrete to a state highway construction or maintenance jobsite within a construction or maintenance area, the following may provide the permittee a written exception to operate the permitted vehicle in the construction or maintenance area at a size or weight that exceeds the size and weight listed on the department's website: the Texas Department of Transportation or a Texas Department of Transportation contractor that is authorized by the Texas Department of Transportation to issue permit exceptions. The written exception must be carried in the permitted vehicle when the vehicle is on a state highway and must be provided to the department or law enforcement upon request.

(2) The permittee is responsible for contacting the appropriate local jurisdiction for construction or maintenance restrictions on non-state maintained roadways.

(j) [~~(k)~~] Manufacturer's tire load rating. Permits issued under this section do not authorize the vehicle to exceed the manufacturer's tire load rating.

(k) [~~(l)~~] Distribution of fees. The fees collected for permits under Transportation Code, §623.0171 shall be distributed as follows:

(1) 50 percent shall be deposited to the credit of the state highway fund; and

(2) 50 percent shall be divided equally among all counties designated in the permit application under Transportation Code, §623.0171.

§219.33.Federal Disaster Relief Permit.

(a) Purpose. In accordance with Transportation Code, Chapter 623, Subchapter R, and 23 U.S.C. §127(i), the department may issue a special permit that authorizes additional weight allowances for the transportation of certain divisible loads on state highways in Texas during a [~~an emergency or~~] major disaster declared by the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §5121 et seq.). This section prescribes the requirements, restrictions, and procedures regarding this permit.

(b) Application for permit.

(1) To obtain a Federal Disaster Relief Permit, a person must submit an application to the department.

(2) The application shall be in a form prescribed by the department and at a minimum, will require the following:

(A) name, customer identification number, and address of the applicant;

(B) name, [~~of contact person and~~] telephone number, and [or] email address of contact person;

(C) vehicle information, including vehicle year, make, license plate number and state of issuance, and vehicle identification number; [~~and~~]

(D) the applicable attestation(s); and

(E) applicant's USDOT Number if applicant is required by law to have a USDOT Number.

(1) The vehicle and load must not exceed the following weight limits:

(A) single axle--21,500 pounds;

(B) two-axle group--43,000 pounds;

(C) three-axle group--53,000 pounds. For the purposes of this section, a three-axle group is three consecutive axles more than 8 feet apart but less than 13 feet apart, measured from the center of the first axle to the center of the last axle in the group; and

(D) gross weight--160,000 pounds.

(2) The permitted vehicle must not cross a load-restricted bridge or travel on a load-restricted state highway when exceeding the posted capacity of the bridge or state highway.

(3) Nighttime movement is allowed under this permit, unless prohibited by the curfew movement restrictions published by the department. [~~of a city in which the vehicle is operated.~~]

[(4) Movement of a permitted vehicle is prohibited when road conditions are hazardous, based upon the judgment of the operator and law enforcement officials. Law enforcement officials shall make the final determination regarding whether or not conditions are hazardous. Conditions that should be considered hazardous include, but are not limited to:]

~~[(A) visibility of less than 2/10 of one mile; or]~~

~~[(B) weather conditions such as wind, rain, ice, sleet, or snow.]~~

(4) [~~(5)~~] The operator of a permitted vehicle must observe the curfew movement restrictions published by the department. [~~of any city in which the vehicle is operated.~~]

(5) [~~(6)~~] The permit does not authorize the vehicle to exceed the manufacturer's tire load rating.

(6) [~~(7)~~] The permit is not transferable from the applicant to another person or entity. Also, the permit is not transferable between vehicles.

(7) [~~(8)~~] The permit will expire 120 days after the date of the major disaster declaration. [~~on the expiration date listed in the permit.~~]

(8) [~~(9)~~] The permit may not be used in conjunction with any other oversize or overweight permits.

(9) [~~(10)~~] If the vehicle is being used to deliver relief supplies, the entire load must consist of relief supplies, which may include, but are not limited to:

(A) medicine and medical equipment;

(B) food supplies (including feed for livestock);

(D) materials used to provide or construct temporary housing;

(E) other supplies directly supporting the type of relief needed following a presidential declaration of a [~~emergency or~~] major disaster; and

(F) other materials as authorized by federal law or regulation; the United States Department of Transportation, Federal Highway Administration; or the president of the United States.

(10) [~~(11)~~] If the vehicle is being used to deliver relief supplies, the permit only authorizes delivery to a destination that is part of the geographical area covered by the president's [~~emergency or~~] major disaster declaration.

(11) [~~(12)~~] If the vehicle is being used to transport materials from a geographical area covered by the president's [~~emergency or~~] major disaster declaration, the permit only authorizes loads which are necessary to facilitate the delivery of relief supplies to the geographical area covered by the president's [~~emergency or~~] major disaster declaration. An example of an authorized load is debris, as long as the removal of the debris expedites the clearing of roadways, staging areas, or locations for temporary structures in order to facilitate the delivery of relief supplies. However, the permit will only authorize such divisible overweight load if the permit expressly authorizes it.

(d) Copy of permit and notice of current [~~emergency or~~] disaster declaration. A copy of the permit and notice of the president's current [~~emergency or~~] major disaster declaration, including any amendments, must be kept in the permitted vehicle until the day after the date the permit expires.

§219.34.North Texas Intermodal Permit.

(b) Application for permit.

(1) To qualify for a North Texas intermodal permit, a person must submit an application to the department.

(2) The application shall be in a form prescribed by the department and at a minimum, will require the following:

(A) name, customer identification number, and address of the applicant;

(B) name, [~~of contact person and~~] telephone number, and [or] email address of contact person; [~~and~~]

(C) vehicle information, including vehicle year, make, license plate number and state of issuance, and vehicle identification number; and

(D) applicant's USDOT Number if applicant is required by law to have a USDOT Number.

(3) The application shall be accompanied by the total annual permit fee of $1,000.

(4) Fees for permits issued under this section are payable as required by §219.11(f) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).

(d) Transfer of permit. A permit issued under this section may only be transferred once during the term of the permit from one vehicle to another vehicle in the permittee's fleet provided:

(1) the permitted vehicle is destroyed or otherwise becomes permanently inoperable, to an extent that it will no longer be utilized, and the permittee presents proof that the negotiable title or other qualifying documentation, as determined by the department, has been surrendered to the department; or

(2) the title to the permitted vehicle is transferred to someone other than the permittee, and the permittee presents proof that the negotiable title or other qualifying documentation, as determined by the department, has been transferred from the permittee.

[(e) Restrictions pertaining to road conditions. Movement of a permitted vehicle is prohibited when road conditions are hazardous based upon the judgment of the operator and law enforcement officials. Law enforcement officials shall make the final determination regarding whether or not conditions are hazardous. Conditions that should be considered hazardous include, but are not limited to:]

~~[(1) visibility of less than 2/10 of one mile; or]~~

~~[(2) weather conditions such as wind, rain, ice, sleet, or snow.]~~

(e) [~~(f)~~] Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions published by the department.

(f) [~~(g)~~] Construction or maintenance areas. The permitted vehicle may not travel through any state highway construction or maintenance area if prohibited by the construction restrictions published by the department.

(g) [~~(h)~~] Night movement. Night movement is allowed under this permit, unless prohibited by the curfew movement restrictions published by the department.

(h) [~~(i)~~] Manufacturer's tire load rating. Permits issued under this section do not authorize the vehicle to exceed the manufacturer's tire load rating.

(i) [~~(j)~~] A truck-tractor and semitrailer combination is only eligible for a permit issued under this section if the truck-tractor is equipped with truck blind spot systems, and each vehicle in the combination is equipped with a roll stability support safety system.

(j) [~~(k)~~] A truck-tractor and semitrailer combination is only eligible for a permit issued under this section if the distance between the front axle of the truck-tractor and the last axle of the semitrailer, measured longitudinally, is approximately 647 inches. For the purposes of this subsection, "approximately 647 inches" means the distance can be up to 15 percent above 647 inches for a total distance of 744.05 inches.

§219.35.Fluid Milk Transport Permit.

(a) Purpose. This section prescribes the requirements, restrictions, and procedures regarding the annual permit for transporting fluid milk under the provisions of Transportation Code, Chapter 623, Subchapter U, as added by Chapter 750 (S.B. 1383), Acts of the 85th Legislature, Regular Session, 2017.

(b) Application for permit.

(1) To qualify for a fluid milk transport permit, a person must submit an application to the department.

(2) The application shall be in a form prescribed by the department and at a minimum, will require the following:

(A) name, customer identification number, and address of the applicant;

(B) name, [~~of contact person and~~] telephone number, and [or] email address of contact person;

(C) vehicle information, including vehicle year, make, license plate number and state of issuance, and vehicle identification number; [~~and~~]

(D) a list of counties in which the vehicle will be operated; and

(E) applicant's USDOT Number if applicant is required by law to have a USDOT Number.

(3) The application shall be accompanied by the total annual permit fee of $1,200.

(4) Fees for permits issued under this section are payable as required by §219.11(f) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).

(1) A permit and a windshield sticker will be issued once the application is approved, and each will be mailed to the applicant at the address contained in the application.

(d) Amendments. An annual permit issued under this section will not be amended except in the case of department error.

(e) Transfer of permit. A permit issued under this section may only be transferred once during the term of the permit from one vehicle to another vehicle in the permittee's fleet provided:

(f) Termination of permit. An annual permit issued under this section will automatically terminate, and the windshield sticker must be removed from the vehicle:

(1) on the expiration of the permit;

(2) when the lease of the vehicle expires;

(3) on the sale or other transfer of ownership of the vehicle for which the permit was issued; or

(4) on the dissolution or termination of the partnership, corporation, or other legal entity to which the permit was issued.

[(g) Restrictions pertaining to road conditions. Movement of a permitted vehicle is prohibited when road conditions are hazardous based upon the judgment of the operator and law enforcement officials. Law enforcement officials shall make the final determination regarding whether or not conditions are hazardous. Conditions that should be considered hazardous include, but are not limited to:]

~~[(1) visibility of less than 2/10 of one mile; or]~~

~~[(2) weather conditions such as wind, rain, ice, sleet, or snow.]~~

(g) [~~(h)~~] Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions published by the department.

(h) [~~(i)~~] Construction or maintenance areas.

(1) The permitted vehicle may not travel through any state highway construction or maintenance area if prohibited by the construction restrictions published by the department.

(2) The permittee is responsible for contacting the appropriate local jurisdiction for construction or maintenance restrictions on non-state maintained roadways.

(i) [~~(j)~~] Night movement. Night movement is allowed under this permit, unless prohibited by the curfew movement restrictions published by the department.

(j) [~~(k)~~] Manufacturer's tire load rating. Permits issued under this section do not authorize the vehicle to exceed the manufacturer's tire load rating.

(k) [~~(l)~~] A truck-tractor and semitrailer combination is only eligible for a permit issued under this section if the truck-tractor is equipped with truck blind spot systems, and each vehicle in the combination is equipped with a roll stability support safety system.

§219.36.Intermodal Shipping Container Port Permit.

(a) Purpose. This section prescribes the requirements, restrictions, and procedures regarding the annual permit for transporting an intermodal shipping container under the provisions of Transportation Code, Chapter 623, Subchapter U, as added by Chapter 108 (S.B. 1524), Acts of the 85th Legislature, Regular Session, 2017.

(b) Application for permit.

(1) To qualify for an intermodal shipping container port permit, a person must submit an application to the department.

(2) The application shall be in a form prescribed by the department and at a minimum, will require the following:

(A) name, customer identification number, and address of the applicant;

(B) name, [~~of contact person and~~] telephone number, and [or] email address of contact person;

(C) vehicle information, including vehicle year, make, license plate number and state of issuance, and vehicle identification number;

(D) a list of counties in which the vehicle will be operated; [~~and~~]

(E) a list of municipalities in which the vehicle will be operated; and

(F) applicant's USDOT Number if applicant is required by law to have a USDOT Number.

(3) The application shall be accompanied by the total annual permit fee of $6,000.

(4) Fees for permits issued under this section are payable as required by §219.11(f) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).

(1) A permit and a windshield sticker will be issued once the application is approved, and each will be mailed to the applicant at the address contained in the application.

(d) Amendments. An annual permit issued under this section will not be amended except in the case of department error.

(e) Transfer of permit. A permit issued under this section may only be transferred once during the term of the permit from one vehicle to another vehicle in the permittee's fleet provided:

(f) Termination of permit. An annual permit issued under this section will automatically terminate, and the windshield sticker must be removed from the vehicle:

(1) on the expiration of the permit;

(2) when the lease of the vehicle expires;

(3) on the sale or other transfer of ownership of the vehicle for which the permit was issued; or

(4) on the dissolution or termination of the partnership, corporation, or other legal entity to which the permit was issued.

~~[(1) visibility of less than 2/10 of one mile; or]~~

~~[(2) weather conditions such as wind, rain, ice, sleet, or snow.]~~

(g) [~~(h)~~] Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions published by the department.

(h) [~~(i)~~] Construction or maintenance areas.

(1) The permitted vehicle may not travel through any state highway construction or maintenance area if prohibited by the construction restrictions published by the department.

(2) The permittee is responsible for contacting the appropriate local jurisdiction for construction or maintenance restrictions on non-state maintained roadways.

(i) [~~(j)~~] Night movement. Night movement is allowed under this permit, unless prohibited by the curfew movement restrictions published by the department.

(j) [~~(k)~~] Manufacturer's tire load rating. Permits issued under this section do not authorize the vehicle to exceed the manufacturer's tire load rating.

(l) [~~(m)~~] A truck-tractor and semitrailer combination is only eligible for a permit issued under Transportation Code, §623.402(a) if the distance between the front axle of the truck-tractor and the last axle of the semitrailer, measured longitudinally, is approximately 647 inches. For the purposes of this subsection, "approximately 647 inches" means the distance can be up to 15 percent above 647 inches for a total distance of 744.05 inches.

(m) [~~(n)~~] A truck-tractor and semitrailer combination is only eligible for a permit issued under Transportation Code, §623.402(b) if the distance between the front axle of the truck-tractor and the last axle of the semitrailer, measured longitudinally, is approximately 612 inches. For the purposes of this subsection, "approximately 612 inches" means the distance can be up to 15 percent above 612 inches for a total distance of 703.8 inches.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 17, 2023.

TRD-202303027

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: October 1, 2023

For further information, please call: (512) 465-4160

SUBCHAPTER D. PERMITS FOR OVERSIZE AND OVERWEIGHT OIL WELL RELATED VEHICLES

43 TAC §219.41, §219.43

Transportation Code, §621.008 authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621.

Transportation Code, §623.074(d) authorizes the department to adopt a rule to authorize an applicant to submit an application electronically.

Transportation Code, §623.342 authorizes the board to adopt rules that are necessary to implement Subchapter R of Chapter 623 of the Transportation Code regarding federal disaster relief permits.

Transportation Code, §623.427 authorizes the department to adopt rules that are necessary to implement Subchapter V of Chapter 623 regarding the permit for fluid milk.

Transportation Code, §1002.001 authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department.

CROSS REFERENCE TO STATUTE. Transportation Code Chapters 621, 622, and 623.

§219.41.General Requirements.

(a) General information.

(1) Permits issued under this subchapter, with the exception of permits issued under §219.45 of this title (relating to Permits for Vehicles Transporting Liquid Products Related to Oil Well Production), are subject to the requirements of this section.

(2) Oil well related vehicles are eligible for:

(A) single-trip mileage permits;

(B) quarterly hubometer permits; and

(b) Permit application. All applications shall be made on a form and in a manner prescribed by the department. An applicant shall provide all applicable information, including:

(1) name, customer identification number, and address [~~, telephone number, and email address (if requested)~~] of the applicant;

(2) name, telephone number, and email address of contact person; [~~year and make of the unit;~~]

(3) year, make, and vehicle identification number of the unit;

(4) width, height, and length of the unit;

(5) unit axle and tire information, including number of axles, distance between axles, gauge per axle, axle weights, number of tires, and tire size; [~~and~~]

(6) applicant's USDOT Number if applicant is required by law to have a USDOT Number; and

(7) any other information required by law.

(c) Payment of permit fees. Fees for permits issued under this subchapter are payable as described in §219.11(f) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures).

(d) Restrictions.

(1) A vehicle permitted under this subchapter is subject to the restrictions specified in §219.11(l) (2) [~~(1),~~ ] and (3) [~~, and (4)~~], and the permittee is responsible for obtaining information concerning current restrictions from the department.

(2) Vehicles permitted under this subchapter may not cross a load restricted bridge when exceeding the posted capacity of such. Vehicles permitted under this subchapter may travel on a load restricted road unless otherwise noted.

(3) A vehicle permitted under this subchapter may travel through highway construction or maintenance areas provided the dimensions do not exceed the construction restrictions as published by the department.

(4) A unit exceeding nine feet in width, 14 feet in height, or 65 feet in length is restricted to daylight movement only.

~~[(e) Void permits. A permit will be voided when the department is informed by law enforcement that a citation has been issued for a violation of a permit's terms and conditions.]~~

(e) [~~(f)~~] Transferability. Unless otherwise noted, a permit issued under this subchapter may not be transferred between units or permittees.

~~[(g) Records retention. A unit permitted under this section must keep the permit and any attachments to the permit in the unit until the day after the date the permit expires.]~~

(f) [~~(h)~~] Escort requirements. In addition to any other escort requirements specified in this subchapter, vehicles permitted under this subchapter are subject to the escort requirements specified in §219.11(k).

§219.43.Quarterly Hubometer Permits.

(a) General information.

(1) Permits issued under this section are subject to the requirements of §219.41 of this title (relating to General Requirements).

(2) A quarterly hubometer permit:

(A) is effective for three consecutive months;

(B) allows the unit to travel on all state-maintained highways; and

(3) A unit permitted under this subsection must not exceed any of the following dimensions:

(A) 12 feet in width;

(B) 14 feet, 6 inches in height; and

(4) With the exception of units that are overlength only, a unit operated with a permit issued under this section must be equipped with a hubometer. The permittee must maintain the hubometer in good working condition.

(5) A unit exceeding 175,000 pounds gross weight must:

(A) have front and rear escort flag vehicles to prevent traffic from traveling beside the unit as it crosses a bridge;

(B) cross all multi-lane bridges by centering the unit on a lane line;

(D) cross each bridge at a speed not greater than 20 miles per hour.

(b) Maximum permit weight limits.

(1) The maximum permit weight for any single axle must not exceed 30,000 pounds or 850 pounds per inch of tire width, whichever is less.

(2) The maximum permit weight for any group of axles on a unit will be determined by calculating the "W" weight for the group, using the formulas in Figure 2: 43 TAC §219.42(f), "Maximum Permit Weight Formulas," and comparing the calculated "W" weight with the corresponding "W" weight that is established in Figure 1: 43 TAC §219.42(f), "Maximum Permit Weight Table."

(3) The maximum permit weight per inch of tire width for axles that are steerable must not exceed 950 pounds, and the maximum permit weight per inch of tire width for axles that are not steerable must not exceed 850 pounds.

(4) A unit that does not have any group of axles that exceeds the limits established in Figure 1: 43 TAC §219.42(f), "Maximum Permit Weight Table," and Figure 2: 43 TAC §219.42(f), "Maximum Permit Weight Formulas" will be permitted with a single-trip mileage or quarterly hubometer permit for travel on any route that does not include a load restricted bridge.

(5) A unit that has any group of axles that exceeds the limits established by Figure 1: 43 TAC §219.42(f), "Maximum Permit Weight Table," and Figure 2: 43 TAC §219.42(f), "Maximum Permit Weight Formulas" will be eligible, on an individual case-by-case basis, for a single-trip mileage permit only; permit approval or denial will be based on a detailed route study and an analysis conducted by TxDOT of each bridge on the proposed travel route to determine if the road(s) and bridge(s) are capable of sustaining the movement.

(6) A bridge that has been analyzed and determined to be incapable of sustaining the unit will be excluded from the permit route.

(1) An application for an initial quarterly hubometer permit under this section must be made in accordance with §219.41(b) of this title. In addition, the applicant must provide the current hubometer mileage reading and an initial $31 processing fee.

(2) Upon verification of the unit information and receipt of the permit fee, the department will provide a copy of the permit to the applicant, as well as a renewal application.

(d) Permit renewals and closeouts.

(1) An application for a permit renewal or closeout must be made on a form and in the manner prescribed by the department.

(2) Upon receipt of the renewal application, the department will verify unit information, check mileage traveled on the last permit, calculate the new permit fee, and advise the applicant of the permit fee.

(e) Permit fees.

(1) Minimum fee. The minimum fee for a quarterly hubometer permit is either the calculated permit fee or $31, whichever is the greater amount.

(2) Fees for overlength units. A unit that is overlength only must obtain a quarterly hubometer permit with a fee of $31, but is not required to have a hubometer.

(3) Quarterly hubometer permit fee calculation. The permit fee for a quarterly hubometer permit is calculated by multiplying the hubometer mileage, the highway use factor, and the total rate per mile, and then adding the indirect cost share to the product.

(A) Hubometer mileage. Mileage for a quarterly hubometer permit is determined by the unit's current hubometer mileage reading minus the unit's hubometer mileage reading from the previous quarterly hubometer permit.

(B) Highway use factor. The highway use factor for a quarterly hubometer permit is 0.3.

(C) Total rate per mile. The total rate per mile is the combined mileage rates for width, height, and weight for the unit. The rate per mile for a trailer mounted unit is based on the overall width, overall height, and all axle weights, including the truck-tractor axles.

(i) The mileage rate for width is $.06 per mile for each foot (or fraction thereof) above legal width.

(ii) The mileage rate for height is $.04 per mile for each foot (or fraction thereof) above legal height.

(iii) The mileage rate for a single axle or any axle within a group that exceeds 20,000 pounds, but is less than or equal to 25,000 pounds, is calculated by multiplying $.045 times the amount by which the axle or axle group weight exceeds the legal weight for the axle or axle group and dividing the resultant figure by 1,000 pounds.

(iv) The mileage rate for a single axle or any axle within a group that exceeds 25,000 pounds, but is less than or equal to 30,000 pounds, is calculated by multiplying $.055 times the amount by which the axle or axle group weight exceeds the legal weight for the axle or axle group and dividing the resultant figure by 1,000 pounds.

(4) Permit fees for trailer mounted units.

(A) The permit fee for a trailer mounted unit is based on the overall width, overall height, and all axle weights, including the truck-tractor axles.

(B) A unit with two or more axle groups that does not have a spacing of at least 12 feet between the closest axles of the opposing groups must have the permit fee calculated by the following method.

(i) The axle group with the lowest weight will have the axle closest to the next axle group temporarily disregarded from its group in order to create a spacing of at least 12 feet between the two groups for fee calculation purposes.

(ii) An axle group will not have more than one axle disregarded.

(iii) The permit fee for the axle group with the temporarily disregarded axle must be based on the actual weight of the entire axle group minus the legal weight for the remaining axles of the group.

(f) Amendments. A quarterly hubometer permit may be amended only to change the following [~~indicate~~]:

(1) if listed on the permit, the [~~a new~~] hubometer serial number; or

(2) the [~~a new~~] license plate number.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 17, 2023.

TRD-202303028

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: October 1, 2023

For further information, please call: (512) 465-4160

SUBCHAPTER E. PERMITS FOR OVERSIZE AND OVERWEIGHT UNLADEN LIFT EQUIPMENT MOTOR VEHICLES

43 TAC §219.61, §219.63

Transportation Code, §621.008 authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621.

Transportation Code, §623.074(d) authorizes the department to adopt a rule to authorize an applicant to submit an application electronically.

Transportation Code, §623.342 authorizes the board to adopt rules that are necessary to implement Subchapter R of Chapter 623 of the Transportation Code regarding federal disaster relief permits.

Transportation Code, §623.427 authorizes the department to adopt rules that are necessary to implement Subchapter V of Chapter 623 regarding the permit for fluid milk.

Transportation Code, §1002.001 authorizes the board to adopt rules that are necessary and appropriate to implement the powers and the duties of the department.

CROSS REFERENCE TO STATUTE. Transportation Code Chapters 621, 622, and 623.

§219.61.General Requirements for Permits for Oversize and Overweight Unladen Lift Equipment Motor Vehicles.

(a) General information.

(1) Unless otherwise noted, permits issued under this subchapter are subject to the requirements of this section.

(2) Cranes are eligible for an annual permit under this subchapter.

(3) Cranes are also eligible for the following permits under this subchapter at weights above those established by §219.11(d)(2) of this title (relating to General Oversize/Overweight Permit Requirements and Procedures):

(A) single-trip mileage permits; and

(B) quarterly hubometer permits.

(4) If a truck-tractor is used to transport a trailer-mounted crane, the combination of vehicles is limited to the dimensions and weights listed in this subchapter.

(b) Permit application. An application shall be made on a form and in a manner prescribed by the department. The applicant shall provide all applicable information, including:

(1) name, customer identification number, and address [~~, telephone number, and email address (if requested)~~] of the applicant;

(2) name, telephone number, and email address of contact person; [~~year and make of the crane;~~]

(3) year, make and vehicle identification number of the crane;

(4) width, height, and length of the crane;

(5) crane axle and tire information, including the number of axles, distance between axles, gauge per axle, axle weights, number of tires, and tire size; [~~and~~]

(6) applicant's USDOT Number if applicant is required by law to have a USDOT Number; and

(7) any other information required by law.

(c) Payment of permit fees. Fees for permits issued under this subchapter are payable as described in §219.11(f) of this title.

(d) Restrictions.

(1) A crane permitted under this subchapter is subject to the restrictions specified in §219.11(l) (2) [~~(1),~~ ] and (3) [~~, and (4)~~] of this title, and the permittee is responsible for obtaining information concerning current restrictions from the department.

(2) A crane permitted under this subchapter may travel through highway construction or maintenance areas provided the dimensions do not exceed the construction restrictions as published by the department.

(3) A crane permitted under this subchapter may only be operated during daylight, unless:

(A) the crane is overweight only; or

(B) the crane complies with one of the following, regardless of whether the crane is overweight:

(i) the crane does not exceed nine feet in width, 14 feet in height, or 65 feet in length; or

(ii) the crane is accompanied by a front and rear escort flag vehicle and does not exceed:

(I) 10 feet, 6 inches in width;

(II) 14 feet in height; or

(III) 95 feet in length.

(e) Transferability. Unless otherwise noted, a permit issued under this subchapter may not be transferred between cranes or between permittees.

(f) Escort requirements. In addition to any other escort requirements specified in this subchapter, cranes permitted under this subchapter are subject to the escort requirements specified in §219.11(k) of this title.

(g) Properly secured equipment. A crane permitted under this subchapter may travel with properly secured equipment, such as outriggers, booms, counterweights, jibs, blocks, balls, cribbing, outrigger pads, and outrigger mats, in accordance with the manufacturer's specifications to the extent the equipment is necessary for the crane to perform its intended function, provided the axle weights, axle group weights, and gross weight do not exceed the maximum permit weights listed in this subchapter.

§219.63.Quarterly Hubometer Permits.

(a) General information.

(1) Permits issued under this section are subject to the requirements of §219.61 of this title (relating to General Requirements for Permits for Oversize and Overweight Unladen Lift Equipment Motor Vehicles).

(2) A quarterly hubometer permit:

(A) is effective for three consecutive months;

(B) allows the crane to travel on all state-maintained highways; and

(3) A crane permitted under this section must not exceed any of the following dimensions:

(A) 12 feet in width;

(B) 14 feet, 6 inches in height; or

(4) With the exception of cranes that are overlength only, cranes operated with a quarterly hubometer permit must be equipped with a hubometer. The permittee must maintain the hubometer in good working condition.

(5) A crane exceeding 175,000 pounds gross weight must:

(A) have front and rear escort flag vehicles to prevent traffic from traveling beside the crane as it crosses a bridge;

(B) cross all multi-lane bridges by centering the crane on a lane line;

(D) cross each bridge at a speed not greater than 20 miles per hour.

(6) The permitted crane must not cross a load-restricted bridge when exceeding the posted capacity of the bridge.

(7) The permit may be amended only to change the following [~~indicate~~]:

(A) if listed on the permit, the [~~a new~~] hubometer serial number; or

(B) the [~~a new~~] license plate number.

(b) Maximum permit weight limits.

(1) The maximum permit weight for any single axle must not exceed 30,000 pounds or 850 pounds per inch of tire width, whichever is less.

(2) The maximum permit weight for any group of axles on a crane will be determined by calculating the "W" weight for the group, using the formulas in Figure 2: 43 TAC §219.62(f), "Maximum Permit Weight Formulas," and comparing the calculated "W" weight with the corresponding "W" weight that is established in Figure 1 :43 TAC §219.62(f), "Maximum Permit Weight Table."

(4) A crane that has any group of axles that exceeds the limits established by Figure 1 :43 TAC §219.62(f), "Maximum Permit Weight Table," and Figure 2: 43 TAC §219.62(f), "Maximum Permit Weight Formulas," is not eligible for a permit under this section; however, it is eligible for a permit under §219.62 of this title (relating to Single-Trip Mileage Permits).

(1) An application for an initial quarterly hubometer permit must be made in accordance with §219.61(b) of this title. In addition, the applicant must provide the current hubometer mileage reading and an initial $31 processing fee.

(2) Upon verification of the crane information and receipt of the permit fee, the department will provide a copy of the permit to the applicant, and will also provide a renewal application form to the applicant.

(d) Permit renewals and closeouts.

(1) An application for a permit renewal or closeout must be made on a form and in a manner prescribed by the department.

(2) Upon receipt of the renewal application, the department will verify crane information, check mileage traveled on the last permit, calculate the new permit fee, and advise the applicant of the permit fee.

(e) Permit fees.

(1) Minimum fee. The minimum fee for a quarterly hubometer permit is either the calculated permit fee or $31, whichever is the greater amount.

(2) Fees for overlength cranes. A crane that is overlength only is not required to have a hubometer. The fee for this permit is $31.

(A) Hubometer mileage. Mileage for a quarterly hubometer permit is determined by the crane's current hubometer mileage reading minus the crane's hubometer mileage reading from the previous quarterly hubometer permit.

(B) Highway use factor. The highway use factor for a quarterly hubometer permit is 0.3.

(C) Total rate per mile. The total rate per mile is the combined mileage rates for width, height, and weight for the crane.

(i) The mileage rate for width is $.06 per mile for each foot (or fraction thereof) above legal width.

(ii) The mileage rate for height is $.04 per mile for each foot (or fraction thereof) above legal height.

(4) Special fee provisions. A crane with two or more axle groups that do not have a spacing of at least 12 feet between the closest axles of the opposing groups must have the permit fee calculated by the following method.

(A) The axle group with the lowest weight will have the axle closest to the next axle group temporarily disregarded from its group in order to create a spacing of at least 12 feet between the two groups for fee calculation purposes.

(B) An axle group will not have more than one axle disregarded.

(C) The permit fee for the axle group with the temporarily disregarded axle must be based on the actual weight of the entire axle group minus the legal weight for the remaining axles of the group.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 17, 2023.

TRD-202303029

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Earliest possible date of adoption: October 1, 2023

For further information, please call: (512) 465-4160