reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter J. Certain Vehicles Transporting Recyclable Materials › Section 622.134. Surety Bond

Sec. 622.134.  SURETY BOND.  (a)  Except as provided by Subsection (c), the owner of a vehicle covered by this subchapter with a tandem axle weight heavier than 34,000 pounds shall before operating the vehicle on a public highway of this state file with the department a surety bond subject to the approval of the Texas Department of Transportation in the principal amount set by the Texas Department of Transportation not to exceed $15,000 for each vehicle.
(b)  The bond must be conditioned that the owner of the vehicle will pay, within the limits of the bond, to the Texas Department of Transportation any damage to a highway, to a county any damage to a county road, and to a municipality any damage to a municipal street caused by the operation of the vehicle.
(c)  Subsection (a) does not apply to a vehicle owned by a municipality or a county.
(d)  A copy of the bond shall be:
(1)  carried on the vehicle when the vehicle is on a public highway;  and
(2)  presented to an officer authorized to enforce this chapter on request of the officer.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.136(a), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 436, Sec. 1, eff. July 15, 1997.  Amended by Acts 2001, 77th Leg., ch. 941, Sec. 40, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 942, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 68, eff. September 1, 2011.
Sec. 622.135.  INTERSTATE AND DEFENSE HIGHWAYS.  (a)  This subchapter does not authorize the operation on the national system of interstate and defense highways in this state of a vehicle of a size or weight greater than authorized in 23 U.S.C. Section 127, as amended.
(b)  If the United States government authorizes the operation on the national system of interstate and defense highways of vehicles of a size or weight greater than those authorized on January 1, 1983, the new limit automatically takes effect on the national system of interstate and defense highways in this state.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.136(a), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 436, Sec. 1, eff. July 15, 1997.
Without reference to the amendment of this section by Acts 2001, 77th Leg., ch. 942, Sec. 6, this section was repealed by Acts 2001, 77th Leg., ch. 941, Sec. 44 effective September 1, 2001.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter J. Certain Vehicles Transporting Recyclable Materials › Section 622.136. Penalty

Sec. 622.136.  PENALTY.  A person commits an offense if the person fails in violation of Section 622.134(d) to carry or present the copy of the bond filed with the department.  An offense under this section is a misdemeanor punishable by a fine not to exceed $200.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.136(a), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 436, Sec. 1, eff. July 15, 1997.  Amended by Acts 2001, 77th Leg., ch. 942, Sec. 6, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 16.004, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter J. Certain Vehicles Transporting Recyclable Materials › Section 622.137. Defense to Prosecution: Bond in Effect

Sec. 622.137.  DEFENSE TO PROSECUTION:  BOND IN EFFECT.  (a)  It is a defense to prosecution under Section 622.136 that the person charged produces a surety bond that complies with Section 622.134 that was valid at the time the offense is alleged to have occurred.
(b)  If the court verifies the bond produced by the person, the court shall dismiss the charge.
Added by Acts 2001, 77th Leg., ch. 942, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter K. Automobile Transporters › Section 622.151. Definitions

Sec. 622.151.  DEFINITIONS.  In this subchapter:
(1)  "Automobile transporter" has the meaning assigned by 49 U.S.C. Section 31111.
(2)  "Backhaul" means the return trip of a vehicle transporting cargo or general freight.
(3)  "Stinger-steered" means a truck-tractor and semitrailer combination in which the fifth wheel is located on a drop frame located behind and below the rearmost axle of the truck-tractor.
Added by Acts 2021, 87th Leg., R.S., Ch. 411 (S.B. 1815), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter K. Automobile Transporters › Section 622.152. Automobile Transporter Backhauls

Sec. 622.152.  AUTOMOBILE TRANSPORTER BACKHAULS.  (a)  An automobile transporter that complies with the weight and size limitations for a truck-tractor and semitrailer combination under this subtitle may transport cargo or general freight on a backhaul.
(b)  For purposes of Subsection (a), an automobile transporter is presumed to be on a backhaul if the automobile transporter is transporting cargo or general freight back over all or part of the same route.
Added by Acts 2021, 87th Leg., R.S., Ch. 411 (S.B. 1815), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter K. Automobile Transporters › Section 622.153. Maximum Extended Length of Load

Sec. 622.153.  MAXIMUM EXTENDED LENGTH OF LOAD.  Notwithstanding Section 621.206, an automobile transporter that is stinger-steered may carry a load that extends not more than:
(1)  four feet beyond its front; and
(2)  six feet beyond its rear.
Added by Acts 2021, 87th Leg., R.S., Ch. 411 (S.B. 1815), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter Y. Miscellaneous Size Exceptions › Section 622.901. Width Exceptions

Sec. 622.901.  WIDTH EXCEPTIONS.  (a)  In this section, "farm tractor" and "implement of husbandry" have the meanings assigned by Section 541.201.
(b)  The width limitation provided by Section 621.201 does not apply to:
(1)  highway building or maintenance machinery that is traveling:
(A)  during daylight on a public highway other than a highway that is part of the national system of interstate and defense highways; or
(B)  for not more than 50 miles on a highway that is part of the national system of interstate and defense highways;
(2)  a vehicle traveling during daylight on a public highway other than a highway that is part of the national system of interstate and defense highways or traveling for not more than 50 miles on a highway that is part of the national system of interstate and defense highways if the vehicle is:
(A)  a farm tractor or implement of husbandry; or
(B)  a vehicle on which a farm tractor, implement of husbandry, or equipment used in the harvesting and production of timber, other than a tractor, implement, or equipment being transported from one dealer to another, is being moved by the owner of the tractor, implement, or equipment or by an agent or employee of the owner:
(i)  to deliver the tractor, implement, or equipment to a new owner;
(ii)  to transport the tractor, implement, or equipment to or from a mechanic for maintenance or repair; or
(iii)  in the course of an agricultural or forestry operation;
(3)  machinery that is used solely for drilling water wells, including machinery that is a unit or a unit mounted on a conventional vehicle or chassis, and that is traveling:
(A)  during daylight on a public highway other than a highway that is part of the national system of interstate and defense highways; or
(B)  for not more than 50 miles on a highway that is part of the national system of interstate and defense highways;
(4)  a vehicle owned or operated by a public, private, or volunteer fire department;
(5)  a vehicle registered under Section 502.431; or
(6)  a recreational vehicle to which Section 622.903 applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 491, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 20.025, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 106, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 78 (S.B. 971), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1184 (S.B. 1171), Sec. 3, eff. June 19, 2015.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter Y. Miscellaneous Size Exceptions › Section 622.903. Width Limitation on Certain Recreational Vehicles

Sec. 622.903.  WIDTH LIMITATION ON CERTAIN RECREATIONAL VEHICLES.  (a)  In this section:
(1)  "Appurtenance" includes an awning, a grab handle, lighting equipment, or a vent.  The term does not include a load-carrying device.
(2)  "Recreational vehicle" has the meaning assigned by Section 522.004.
(b)  A recreational vehicle may exceed a width limitation established by Section 621.201 or 621.202 if the excess width is attributable to an appurtenance that extends six inches or less beyond a fender on one or both sides of the vehicle.
Added by Acts 2003, 78th Leg., ch. 491, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter Z. Miscellaneous Weight Exceptions › Section 622.952. Emergency Vehicle

Sec. 622.952.  EMERGENCY VEHICLE.  (a)  The weight limitations of Section 621.101 do not apply to an emergency vehicle.
(b)  The weight of an emergency vehicle may not exceed the greater of:
(1)  the manufacturer's gross vehicle weight capacity or axle design rating; or
(2)  including all enforcement tolerances, a:
(A)  gross weight of 86,000 pounds;
(B)  single steering axle weight of 24,000 pounds;
(C)  single drive axle weight of 33,500 pounds;
(D)  tandem axle weight of 62,000 pounds; or
(E)  tandem rear drive steer axle weight of 52,000 pounds.
(c)  In this section, "emergency vehicle" means a vehicle designed to be used under emergency conditions:
(1)  to transport personnel and equipment; and
(2)  to support the suppression of fires and mitigation of other hazardous situations.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 411 (S.B. 1815), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter Z. Miscellaneous Weight Exceptions › Section 622.953. Vehicle Transporting Seed Cotton or Chile Pepper Modules

Sec. 622.953.  VEHICLE TRANSPORTING SEED COTTON OR CHILE PEPPER MODULES.  (a)  The weight limitations of Section 621.101 do not apply to a single motor vehicle used exclusively to transport chile pepper modules, seed cotton, or equipment, including a motor vehicle, used to transport or process chile pepper modules or seed cotton.
(b)  The overall gross weight of a single motor vehicle used to transport seed cotton or equipment used to transport or process seed cotton may not be heavier than 64,000 pounds.
(c)  The overall gross weight of a single motor vehicle used to transport chile pepper modules or equipment used to transport or process chile pepper modules may not be heavier than 54,000 pounds.
(d)  The owner of a single motor vehicle to which this section applies that has a gross weight above the gross weight authorized by this section that is applicable to the vehicle is liable to the state, county, or municipality for any damage to a highway, street, road, or bridge caused by the weight of the load.
(e)  A vehicle to which this section applies may not be operated on the national system of interstate and defense highways if the vehicle exceeds the maximum weight authorized by 23 U.S.C. Section 127, as amended.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 941, Sec. 41, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 247 (H.B. 749), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter Z. Miscellaneous Weight Exceptions › Section 622.954. Tow Trucks

Sec. 622.954.  TOW TRUCKS.  (a)  A permit is not required to exceed the weight limitations of Section 621.101 by a combination of a tow truck and another vehicle or vehicle combination if:
(1)  the nature of the service provided by the tow truck is needed to remove disabled, abandoned, or collision-damaged vehicles; and
(2)  the tow truck is towing the other vehicle or vehicle combination directly to the nearest authorized place of repair, terminal, or vehicle storage facility.
(b)  This section does not authorize the operation on the national system of interstate and defense highways in this state of vehicles with a weight greater than authorized by federal law.
Added by Acts 2001, 77th Leg., ch. 135, Sec. 1, eff. May 16, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 92, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 622 - Special Provisions and Exceptions for Oversize or Overweight Vehicles › Subchapter Z. Miscellaneous Weight Exceptions › Section 622.955. Increase of Maximum Weight for Vehicles With Idle Reduction Systems

Sec. 622.955.  INCREASE OF MAXIMUM WEIGHT FOR VEHICLES WITH IDLE REDUCTION SYSTEMS.  (a)  For purposes of this section, "idle reduction system" means a system that provides heating, cooling, or electrical service to a commercial vehicle's sleeper berth for the purpose of reducing the idling of a motor vehicle.
(b)  Notwithstanding any provision to the contrary, the maximum gross vehicle weight limit and axle weight limit for any vehicle or combination of vehicles equipped with an idle reduction system shall be increased by an amount necessary to compensate for the additional weight of the idle reduction system.
(c)  The weight increase under Subsection (b) may not be greater than 550 pounds.
(d)  On request by an appropriate law enforcement officer or an official of an appropriate regulatory agency, the vehicle operator shall provide proof that:
(1)  the idle reduction technology is fully functional at all times; and
(2)  the weight increase is not used for any purpose other than the use of an idle reduction system.
Added by Acts 2011, 82nd Leg., R.S., Ch. 390 (S.B. 493), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 411 (S.B. 1815), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter A. General Provisions › Section 623.001. Definitions

Sec. 623.001.  DEFINITIONS.  In this chapter:
(1)  "Department" means the Texas Department of Motor Vehicles.
(2)  "Shipper" means a person who consigns the movement of a shipment.
(3)  "Shipper's certificate of weight" means a document described by Section 623.274.
(4)  "Board" means the board of the Texas Department of Motor Vehicles.
(5)  "Commission" means the Texas Transportation Commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 14, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 69, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter A. General Provisions › Section 623.002. Rulemaking Authority

Sec. 623.002.  RULEMAKING AUTHORITY.  The board may adopt rules necessary to implement and enforce this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 70, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter A. General Provisions › Section 623.003. Route Determination

Sec. 623.003.  ROUTE DETERMINATION.  (a)  To the extent the department is required to determine a route under this chapter, the department shall base the department's routing decision on information provided by the Texas Department of Transportation.
(b)  The Texas Department of Transportation shall provide the department with all routing information necessary to complete a permit issued under Section 623.071, 623.121, 623.142, 623.192, 623.402, or 623.421.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 70, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 108 (S.B. 1524), Sec. 4, eff. January 1, 2018.
Acts 2017, 85th Leg., R.S., Ch. 750 (S.B. 1383), Sec. 3, eff. January 1, 2018.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(21), eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter A. General Provisions › Section 623.004. Denial of Permit

Sec. 623.004.  DENIAL OF PERMIT.  (a)  The department may deny an application for a permit under this subtitle submitted by an applicant who:
(1)  is the subject of an out-of-service order issued by the Federal Motor Carrier Safety Administration; or
(2)  the Department of Public Safety has determined has:
(A)  an unsatisfactory safety rating under 49 C.F.R. Part 385; or
(B)  multiple violations of Chapter 644, a rule adopted under that chapter, or Subtitle C.
(b)  A denial of an application for a permit under this section is not required to be preceded by notice and an opportunity for hearing.
(c)  An applicant may appeal a denial under this section by filing an appeal with the department not later than the 26th day after the date the department issues notice of the denial to the applicant.
Added by Acts 2019, 86th Leg., R.S., Ch. 1129 (H.B. 2620), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter A. General Provisions › Section 623.005. Disposition of Permit Fee in Texas Department of Motor Vehicles Fund

Sec. 623.005.  DISPOSITION OF PERMIT FEE IN TEXAS DEPARTMENT OF MOTOR VEHICLES FUND.  (a)  This section applies only to a permit authorized by the legislature on or after September 1, 2019.
(b)  Ten percent of the fee collected for a permit issued by the department under this subtitle shall be deposited to the credit of the Texas Department of Motor Vehicles fund with the remaining fee distribution to be adjusted proportionately, if needed.
(c)  Subsection (b) does not apply if a provision of this subtitle expressly requires a different amount of a fee collected to be deposited to the credit of the Texas Department of Motor Vehicles fund.
Added by Acts 2019, 86th Leg., R.S., Ch. 1129 (H.B. 2620), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter A. General Provisions › Section 623.006. Disposition and Use of Permit Fees Due to County or Municipality

Sec. 623.006.  DISPOSITION AND USE OF PERMIT FEES DUE TO COUNTY OR MUNICIPALITY.  Except as otherwise specified by this subtitle:
(1)  at least once each fiscal year, the comptroller shall send from fees collected for a permit issued by the department under this chapter any amounts due to a county or municipality;
(2)  amounts due to a county must be sent to the county treasurer or office performing the function of that office for deposit to the credit of the county road and bridge fund; and
(3)  amounts due to a municipality must be sent to the office performing the function of treasurer for the municipality and may be used by the municipality only to fund commercial motor vehicle enforcement programs or road and bridge maintenance or infrastructure projects.
Added by Acts 2019, 86th Leg., R.S., Ch. 1129 (H.B. 2620), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter A. General Provisions › Section 623.007. Permit to Be Carried in Vehicle

Sec. 623.007.  PERMIT TO BE CARRIED IN VEHICLE.  A permit issued by the department under this subtitle must be carried, in a manner prescribed by the department, in the vehicle that is being operated under the permit.
Added by Acts 2019, 86th Leg., R.S., Ch. 1129 (H.B. 2620), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter A. General Provisions › Section 623.008. Authority to Require Escort Flag Vehicles and Escort Flaggers

Sec. 623.008.  AUTHORITY TO REQUIRE ESCORT FLAG VEHICLES AND ESCORT FLAGGERS.  (a)  In this section:
(1)  "Escort flag vehicle" means a vehicle that precedes or follows an oversize or overweight vehicle operating under a permit issued by the department for the purpose of facilitating the safe movement of the oversize or overweight vehicle over roads.
(2)  "Escort flagger" means a person who:
(A)  has successfully completed a training program in traffic direction as defined by the basic peace officer course curriculum established by the Texas Commission on Law Enforcement; and
(B)  in accordance with a permit issued by the department under this subtitle, operates an escort flag vehicle or directs and controls the flow of traffic using a hand signaling device or an automated flagger assistance device.
(b)  In addition to any other specific requirement under this subtitle, the department may require a person operating under a permit issued by the department under this subtitle to use one or more escort flag vehicles and escort flaggers if required:
(1)  by the Texas Department of Transportation; or
(2)  for the safe movement over roads of an oversize or overweight vehicle and its load.
Added by Acts 2019, 86th Leg., R.S., Ch. 1129 (H.B. 2620), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.011. Permit for Excess Axle or Gross Weight

Sec. 623.011.  PERMIT FOR EXCESS AXLE OR GROSS WEIGHT.  (a)  The department may issue a permit that authorizes the operation of a commercial motor vehicle, trailer, semitrailer, or combination of those vehicles, or a truck-tractor or combination of a truck-tractor and one or more other vehicles:
(1)  at an axle weight that is not heavier than the weight equal to the maximum allowable axle weight for the vehicle or combination plus a tolerance allowance of 10 percent of that allowable weight;  and
(2)  at a gross weight that is not heavier than the weight equal to the maximum allowable gross weight for the vehicle or combination plus a tolerance allowance of five percent.
(b)  To qualify for a permit under this section:
(1)  the vehicle must be registered under Chapter 502 for the maximum gross weight applicable to the vehicle under Section 621.101, not to exceed 80,000 pounds;
(2)  the security requirement of Section 623.012 must be satisfied; and
(3)  a base permit fee of $90, any additional fee required by Section 623.0111, and any additional fee set by the board under Section 623.0112 must be paid.
(c)  A permit issued under this section:
(1)  is valid for one year;  and
(2)  must be carried in the vehicle for which it is issued.
(d)  When the department issues a permit under this section, the department shall issue a sticker to be placed on the front windshield of the vehicle.  The department shall design the form of the sticker to aid in the enforcement of weight limits for vehicles.
(e)  The sticker must:
(1)  indicate the expiration date of the permit;  and
(2)  be removed from the vehicle when:
(A)  the permit for operation of the vehicle expires;
(B)  a lease of the vehicle expires;  or
(C)  the vehicle is sold.
(f)  A person commits an offense if the person fails to display the sticker in the manner required by Subsection (d).  An offense under this subsection is a Class C misdemeanor.  Section 623.019(g) applies to an offense under this subsection.
(g)  A vehicle operating under a permit issued under this section may exceed the maximum allowable gross weight tolerance allowance by not more than five percent, regardless of the weight of any one axle or tandem axle, if no axle or tandem axle exceeds the tolerance permitted by Subsection (a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(a), eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1227, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 700 (H.B. 441), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 107, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1291 (H.B. 2305), Sec. 47, eff. March 1, 2015.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.0111. Additional Fee for Operation of Vehicle Under Permit

Sec. 623.0111.  ADDITIONAL FEE FOR OPERATION OF VEHICLE UNDER PERMIT.  (a)  When a person applies for a permit under Section 623.011, the person must:
(1)  designate in the application each county in which the vehicle will be operated; and
(2)  pay in addition to other fees an annual fee in an amount determined according to the following table:
Number of Counties Designated
Fee
1-5
$175
6-20
$250
21-40
$450
41-60
$625
61-80
$800
81-100
$900
101-254
$1,000
(b)  A permit issued under Section 623.011 does not authorize the operation of the vehicle in a county that is not designated in the application.
(c)  Of the fees collected under Subsection (a), the following amounts shall be deposited to the general revenue fund, 90 percent of the remainder shall be deposited to the credit of the state highway fund, and 10 percent of the remainder shall be deposited to the credit of the Texas Department of Motor Vehicles fund:
Number of Counties Designated
Amount Allocated to General Revenue Fund
1-5
$125
6-20
$125
21-40
$345
41-60
$565
61-80
$785
81-100
$900
101-254
$1,000
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(b), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1396 (H.B. 2093), Sec. 4, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 51, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.0112. Additional Administrative Fee

Sec. 623.0112.  ADDITIONAL ADMINISTRATIVE FEE.  When a person applies for a permit under Section 623.011, the person must pay in addition to other fees an administrative fee adopted by board rule in an amount not to exceed the direct and indirect cost to the department of:
(1)  issuing a sticker under Section 623.011(d);
(2)  distributing fees under Section 621.353; and
(3)  maintaining the list under Section 623.013.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(b), eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 71, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 410 (S.B. 1814), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.0113. Route Restrictions

Sec. 623.0113.  ROUTE RESTRICTIONS.  (a)  Except as provided by Subsection (b), a permit issued under Section 623.011 does not authorize the operation of a vehicle on:
(1)  the national system of interstate and defense highways in this state if the weight of the vehicle is greater than authorized by federal law;  or
(2)  a bridge for which a maximum weight and load limit has been established and posted by the Texas Transportation Commission under Section 621.102 or the commissioners court of a county under Section 621.301, if the gross weight of the vehicle and load or the axles and wheel loads are greater than the limits established and posted under those sections.
(b)  The restrictions under Subsection (a)(2) do not apply if a bridge described by Subsection (a)(2) provides the only public vehicular access from an origin or to a destination by a holder of a permit issued under Section 623.011.
Added by Acts 2001, 77th Leg., ch. 1227, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.012. Security for Permit

Sec. 623.012.  SECURITY FOR PERMIT.  (a)  An applicant for a permit under Section 623.011, other than a permit under that section to operate a vehicle loaded with timber or pulp wood, wood chips, cotton, or agricultural products in their natural state, and an applicant for a permit under Section 623.321 shall file with the department:
(1)  a blanket bond; or
(2)  an irrevocable letter of credit issued by a financial institution the deposits of which are guaranteed by the Federal Deposit Insurance Corporation.
(b)  The bond or letter of credit must:
(1)  be in the amount of $15,000 payable to the counties of this state;
(2)  be conditioned that the applicant will pay a county for any damage to a road or bridge of the county caused by the operation of the vehicle:
(A)  for which the permit is issued at a heavier weight than the maximum weights authorized by Subchapter B of Chapter 621 or Section 621.301 or 623.321; or
(B)  that is in violation of Section 623.323; and
(3)  provide that the issuer is to notify the county and the applicant in writing promptly after a payment is made by the issuer on the bond or letter of credit.
(c)  If an issuer of a bond or letter of credit pays under the bond or letter of credit, the permit holder shall file with the department before the 31st day after the date on which the payment is made:
(1)  a replacement bond or letter of credit in the amount prescribed by Subsection (b) for the original bond or letter of credit;  or
(2)  a notification from the issuer of the existing bond or letter of credit that the bond or letter of credit has been restored to the amount prescribed by Subsection (b).
(d)  If the filing is not made as required by Subsection (c), each permit held by the permit holder under Section 623.011 automatically expires on the 31st day after the date on which the payment is made on the bond or letter of credit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 72, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 108, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 410 (S.B. 1814), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.013. List of Permits Issued

Sec. 623.013.  LIST OF PERMITS ISSUED.  (a)  The department shall make available on the department's Internet website a searchable and downloadable list by county of each permit issued under Section 623.011.  The list must include the following information for each permit:
(1)  the name and address of the person for whom the permit was issued;
(2)  the vehicle identification number and license plate number of the vehicle;
(3)  the permit number; and
(4)  the effective date of the permit.
(b)  On request of a county, the department shall send a copy of the permit and the bond or letter of credit required for the permit to the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(c), eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 410 (S.B. 1814), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.014. Transfer of Permit

Sec. 623.014.  TRANSFER OF PERMIT.  (a)  A permit issued under Section 623.011 may not be transferred.
(b)  If the vehicle for which a permit was issued is destroyed or permanently inoperable, a person may apply to the department for a credit for the remainder of the permit period.
(c)  The department shall issue the prorated credit if the person:
(1)  pays the fee adopted by the board; and
(2)  provides the department with:
(A)  the original permit; or
(B)  if the original permit does not exist, written evidence in a form approved by the department that the vehicle has been destroyed or is permanently inoperable.
(d)  The fee adopted by the board under Subsection (c)(1) may not exceed the cost of issuing the credit.   A fee collected by the department under Subsection (c)(1) shall be deposited to the credit of the Texas Department of Motor Vehicles fund.
(e)  A credit issued under Subsection (c) may be used only toward the payment of a permit fee under this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.138(d), eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 109, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1287 (H.B. 2202), Sec. 52, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.015. Liability for Damage

Sec. 623.015.  LIABILITY FOR DAMAGE.  (a)  The liability of a holder of a permit issued under Section 623.011 for damage to a county road is not limited to the amount of the bond or letter of credit required for the issuance of the permit.
(b)  The holder of a permit issued under Section 623.011 who has filed the bond or letter of credit required for the permit is liable to the county only for the actual damage to a county road, bridge, or culvert with a load limitation established under Subchapter B of Chapter 621 or Section 621.301 caused by the operation of the vehicle in excess of the limitation.  If a county judge, county commissioner, county road supervisor, or county traffic officer requires the vehicle to travel over a designated route, it is presumed that the designated route, including a bridge or culvert on the route, is of sufficient strength and design to carry and withstand the weight of the vehicle traveling over the designated route.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 410 (S.B. 1814), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.0155. Indemnification From Motor Carrier Prohibited

Sec. 623.0155.  INDEMNIFICATION FROM MOTOR CARRIER PROHIBITED.  (a)  A person may not require indemnification from a motor carrier as a condition to:
(1)  the transportation of property for compensation or hire by the carrier;
(2)  entrance on property by the carrier for the purpose of loading, unloading, or transporting property for compensation or hire;  or
(3)  a service incidental to an activity described by Subdivision (1) or (2), including storage of property.
(b)  Subsection (a) does not apply to:
(1)  a claim arising from damage or loss from a wrongful or negligent act or omission of the carrier;  or
(2)  services or goods other than those described by Subsection (a).
(c)  In this section, "motor carrier" means a common carrier, specialized carrier, or contract carrier that transports property for hire.  The term does not include a person who transports property as an incidental activity of a nontransportation business activity regardless of whether the person imposes a separate charge for the transportation.
(d)  A provision that is contrary to Subsection (a) is not enforceable.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.139(a);  Acts 1997, 75th Leg., ch. 1061, Sec. 19.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.016. Recovery on Permit Security

Sec. 623.016.  RECOVERY ON PERMIT SECURITY.  (a)  A county may recover on the bond or letter of credit required for a permit issued under Section 623.011 only by a suit against the permit holder and the issuer of the bond or letter of credit.
(b)   Venue for a suit under this section is in district court in:
(1)  the county in which the defendant resides;
(2)  the county in which the defendant has its principal place of business in this state; or
(3)  the county in which the damage occurred.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 455, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 73, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 410 (S.B. 1814), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.017. Permit for Movement of Cylindrical Hay Bales

Sec. 623.017.  PERMIT FOR MOVEMENT OF CYLINDRICAL HAY BALES.  (a)  The department may issue an annual permit to authorize the movement of a vehicle that is used to carry cylindrical bales of hay and that is wider than the maximum allowable vehicle width but not wider than 12 feet.
(b)  A $10 permit fee must accompany an application for a permit under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.018. County Permit

Sec. 623.018.  COUNTY PERMIT.  (a)  The commissioners court of a county, through the county judge, may issue a permit for:
(1)  the transportation over highways of that county, other than state highways and public roads in the territory of a municipality, of an overweight, oversize, or overlength commodity that cannot be reasonably dismantled;  or
(2)  the operation over a highway of that county other than a state highway or public road in the territory of a municipality of:
(A)  superheavy or oversize equipment for the transportation of an overweight, oversize, or overlength commodity that cannot be reasonably dismantled;  or
(B)  vehicles or combinations of vehicles that exceed the weights authorized under Subchapter B, Chapter 621, or Section 621.301.
(b)  A permit under Subsection (a) may not be issued for longer than 90 days.
(c)  The commissioners court of a county, through the county judge, may issue an annual permit to a dealer in implements of husbandry to allow the dealer to use vehicles that exceed the width limitations provided by this chapter to transport an implement on a highway.  The county judge may exercise authority under this subsection independently of the commissioners court until the commissioners court takes action on the request.
(d)  If a vehicle is being operated in compliance with a permit issued under Section 623.011 or 623.402, a commissioners court may not:
(1)  issue a permit under this section or charge an additional fee for or otherwise regulate or restrict the operation of the vehicle because of weight; or
(2)  require the owner or operator to:
(A)  execute or comply with a road use agreement or indemnity agreement;
(B)  make a filing or application; or
(C)  provide a bond or letter of credit, other than the bond or letter of credit prescribed by Section 623.012 for a vehicle issued a permit under Section 623.011.
(e)  The commissioners court may require a bond to be executed by an applicant in an amount sufficient to guarantee the payment of any damage to a road or bridge sustained as a consequence of the transportation authorized by the permit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 108 (S.B. 1524), Sec. 5, eff. January 1, 2018.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.0181. Permits for Auxiliary Power Units

Sec. 623.0181.  PERMITS FOR AUXILIARY POWER UNITS. The department may issue a permit that authorizes the operation of a commercial motor vehicle, trailer, semitrailer, or combination of those vehicles, or a truck-tractor or combination of a truck-tractor and one or more other vehicles, that exceeds the maximum weight limit as set by the department due to the presence of an auxiliary power unit that allows the vehicle to operate on electricity or battery power if the department finds that such an exemption would reduce nitrogen oxide emissions.
Added by Acts 2011, 82nd Leg., R.S., Ch. 941 (H.B. 422), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle E - Vehicle Size and Weight › Chapter 623 - Permits for Oversize or Overweight Vehicles › Subchapter B. General Permits › Section 623.019. Violations of Subchapter; Offenses

Sec. 623.019.  VIOLATIONS OF SUBCHAPTER;  OFFENSES.  (a)  A person who holds a permit issued under Section 623.011 commits an offense if:
(1)  the person:
(A)  operates or directs the operation of the vehicle for which the permit was issued on a public highway or road;  and
(B)  is criminally negligent with regard to the operation of the vehicle at a weight heavier than the weight limit authorized by Section 623.011;  or
(2)  the person operates or directs the operation of the vehicle for which the permit was issued:
(A)  in a county not designated in the person's application under Section 623.0111;  and
(B)  at a weight heavier than a weight limit established under:
(i)  Subchapter E, Chapter 251;
(ii)  Chapter 621 or 622;  or
(iii)  this chapter.
(b)  Except as provided by Subsections (c) and (d), an offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $100 or more than $250.
(c)  An offense under Subsection (a) is a misdemeanor and, except as provided by Subsection (d), is punishable by a fine according to the following schedules if the offense involves a vehicle:
(1)  having a single axle weight or tandem axle weight that is heavier than the vehicle's allowable weight:
Pounds Overweight
Fine Range
less than 2,500
$100 to $500
2,500-5,000
$500 to $1,000
more than 5,000
$1,000 to $2,500; or
(2)  having a gross weight that is heavier than the vehicle's allowable gross weight:
Pounds Overweight
Fine Range
less than 2,500
$100 to $500
2,500-5,000
$500 to $1,000
5,001-10,000
$1,000 to $2,500
10,001-20,000
$2,500 to $5,000
20,001-40,000
$5,000 to $7,000
more than 40,000
$7,000 to $10,000
(d)  On conviction of a third offense under Subsection (a), before the first anniversary of the date of a previous conviction under that subsection, the defendant shall be punished by a fine in an amount not to exceed twice the maximum amount specified by Subsection (c).
(e)  A governmental entity collecting a fine under Subsection (c) shall send an amount equal to 50 percent of the fine to the comptroller.
(f)  A justice or municipal court has jurisdiction of an offense under this section.
(g)  A justice or judge who renders a conviction under this section shall report the conviction to the Department of Public Safety.  The Department of Public Safety shall keep a record of each conviction reported under this subsection.
(h)  A fine may not be imposed under this section that exceeds the minimum dollar amount that may be imposed unless the vehicle's weight was determined by a portable or stationary scale furnished or approved by the Department of Public Safety.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.139(c), eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 111, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 108 (S.B. 1524), Sec. 6, eff. January 1, 2018.