89R8728 JRR-F     By: Cain, Guerra, Kitzman H.B. No. 2118       A BILL TO BE ENTITLED   AN ACT   relating to the issuance of oversize or overweight permits for   vehicles transporting agricultural commodities during or preceding   a disaster.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 621.102(d), Transportation Code, is   amended to read as follows:          (d)  A vehicle operating under a permit issued under Section   623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,   623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.   2741), Acts of the 83rd Legislature, Regular Session, 2013,] may   operate under the conditions authorized by the permit over a road   for which the executive director of the Texas Department of   Transportation has set a maximum weight under this section.          SECTION 2.  Section 621.301(e), Transportation Code, is   amended to read as follows:          (e)  A vehicle operating under a permit issued under Section   623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,   623.212, [or] 623.321, or 623.451 [as added by Chapter 1135 (H.B.   2741), Acts of the 83rd Legislature, Regular Session, 2013,] may   operate under the conditions authorized by the permit over a road   for which the commissioners court has set a maximum weight under   this section.          SECTION 3.  Chapter 623, Transportation Code, is amended by   adding Subchapter W to read as follows:   SUBCHAPTER W. PERMIT FOR VEHICLES TRANSPORTING AGRICULTURAL   COMMODITIES DURING OR PRECEDING DISASTER          Sec. 623.451.  PERMIT TO DELIVER AGRICULTURAL COMMODITIES.   (a) In this section:                (1)  "Agricultural commodity" means an agricultural,   horticultural, viticultural, silvicultural, or vegetable product,   bees or honey, planting seed, cottonseed, rice, livestock or a   livestock product, or poultry or a poultry product that is produced   in this state, either in its natural form or as processed by the   producer, including woodchips.                (2)  "Division" means the Texas Division of Emergency   Management.          (b)  Notwithstanding any other law, the department may issue   a special permit to an oversize or overweight vehicle or load that:                (1)  can easily be dismantled or divided; and                (2)  will be used only to deliver agricultural   commodities.          (c)  The department may issue a permit under this section   only:                (1)  during an emergency or major disaster as declared   by the president of the United States under the Robert T. Stafford   Disaster Relief and Emergency Assistance Act (42 U.S.C. Section   5121 et seq.) or following a declaration of a state of disaster   under Section 418.014, Government Code; or                (2)  preceding an event that may result in a   declaration of a state of disaster under Section 418.014,   Government Code, if issuance of the permit for the event is   authorized by the division.          (d)  A person may file an application to the division in the   manner prescribed by the division requesting that the division   authorize the issuance of a permit preceding an event described by   Subsection (c)(2). If the division authorizes the issuance of the   permit, the division shall notify the department of that decision   in the manner prescribed by the department and include in the notice   the counties in which a vehicle issued the permit may be operated.          (e)  A permit under this section that is issued under:                (1)  Subsection (c)(1) expires not later than the 120th   day after the date of the disaster or emergency declaration; or                (2)  Subsection (c)(2) expires not later than the 120th   day after the date the department receives notice from the division   under Subsection (d) authorizing the issuance of the permit.          Sec. 623.452.  RULES. The board may adopt rules necessary to   implement this subchapter, including rules that establish the   requirements for obtaining a permit.          Sec. 623.453.  PERMIT CONDITIONS. The department may impose   conditions on a permit holder to ensure the safe operation of a   permitted vehicle and minimize damage to roadways, including   requirements related to vehicle routing, hours of operation, weight   limits, and lighting and requirements for escort vehicles.          Sec. 623.454.  INTERSTATE AND DEFENSE HIGHWAYS AND FEDERAL   AID PRIMARY HIGHWAY SYSTEM. (a) This subchapter does not authorize   the operation on the national system of interstate and defense   highways or the federal aid primary highway system in this state of   a vehicle with a size or weight greater than those permitted under   23 U.S.C. Section 127 or 49 U.S.C. Sections 31111 through 31114.          (b)  If the United States authorizes the operation on the   national system of interstate and defense highways or the federal   aid primary highway system of a vehicle with a size or weight   greater than those permitted under 23 U.S.C. Section 127 or 49   U.S.C. Sections 31111 through 31114 on September 1, 2025, the new   limit automatically takes effect on the national system of   interstate and defense highways or the federal aid primary highway   system in this state.          SECTION 4.  This Act takes effect September 1, 2025.