HB3679 - Relating to the operation of certain vehicles during disasters.

      By: Tepper, Lopez of Cameron, Leo Wilson H.B. No. 3679       A BILL TO BE ENTITLED   AN ACT   relating to the operation of certain vehicles during disasters.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 162.235, Tax Code, is amended by adding   Subsection (c) to read as follows:           (c)     Notwithstanding Subsection (a), a person who purchases   dyed diesel fuel and furnishes to the licensed supplier or   distributor under Section 162.206(a) a signed statement that   includes an end user number issued by the comptroller may operate a   motor vehicle on a public highway in this state with that dyed   diesel fuel in the fuel supply tank of the motor vehicle if the   motor vehicle is operated:                 (1)     during a period for which the Internal Revenue   Service has specified that it will not impose a penalty when dyed   diesel fuel is sold for use or used on a public highway; and                 (2)     following a declaration of a state of disaster   under Section 418.014, Government Code, and in an area that is   included in that declaration.          SECTION 2.  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 3.  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 4.  Chapter 623, Transportation Code, is amended by   adding Subchapter W to read as follows:   SUBCHAPTER W. PERMIT FOR VEHICLES TRANSPORTING AGRICULTURAL   COMMODITIES DURING DISASTER           Sec.   623.451.     PERMIT TO DELIVER AGRICULTURAL COMMODITIES.   (a) In this section, "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 wood chips.           (b)     Notwithstanding any other state 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 to or from a site that is:                       (A)     located in an area included in a disaster   declaration described by Subsection (c)(1); and                       (B)     affected by the disaster for which the   declaration described by Subsection (c)(1) was issued.           (c)     The department may issue a permit under this section   only:                 (1)     following a declaration of a state of disaster   under Section 418.014, Government Code; and                 (2)     if the Department of Public Safety authorizes the   issuance of the permit.           (d)     If the Department of Public Safety authorizes the   issuance of the permit, the Department of Public Safety 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 expires on:                 (1)     the date the declaration described by Subsection   (c)(1) expires; or                 (2)     if the vehicle operating under the permit is using   dyed diesel fuel in accordance with Section 162.235(c), Tax Code,   the earlier of:                       (A)     the date the Internal Revenue Service has   specified that it will resume imposing a penalty when dyed diesel   fuel is sold for use or used on a public highway; or                       (B)  the date described by Subdivision (1).           Sec.   623.452.     RULES. (a) Subject to Subsection (b), the   board may adopt rules necessary to implement this subchapter,   including rules that establish the requirements for obtaining a   permit.           (b)     The commission, in consultation with the department,   may adopt rules prescribing weight limits for vehicles operating   under a permit issued under this subchapter.           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 5.  The change in law made by this Act to Section   162.235, Tax Code, applies only to conduct that occurs on or after   the effective date of this Act. Conduct that occurred before the   effective date of this Act is governed by the law in effect on the   date the conduct occurred, and the former law is continued in effect   for that purpose. For purposes of this section, conduct occurred   before the effective date of this Act if any element of the conduct   occurred before that date.          SECTION 6.  This Act takes effect September 1, 2025.