PART 1. TEXAS DEPARTMENT OF TRANSPORTATION

CHAPTER 1. MANAGEMENT

SUBCHAPTER A. ORGANIZATION AND RESPONSIBILITIES

43 TAC §1.2

The Texas Department of Transportation (department) adopts the amendments to §1.2 concerning Organization and Responsibilities. The amendments to §1.2 are adopted without changes to the proposed text as published in the April 12, 2024 of the Texas Register (49 TexReg 2256) and will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

House Bill 3444, 88th Legislature, Regular Session, 2023, requires the Texas Transportation Commission (commission), by rule, to prescribe criteria for the classification of each district as metropolitan, urban, or rural and requires that a district with a population of more than one million be classified as metropolitan.

Amendments to §1.2, Texas Department of Transportation, adds subsection (d)(4), District Classification. The subsection defines a population-based classification of department districts. A district with a population of more than one million is classified as metropolitan. A district with a population between one million to 400,000 is classified as urban. A district with a population less than 400,000 is classified as rural. A district's population is determined using the most recent population information provided to the department by the Texas Demographic Center. After population data from each federal decennial census is released, the department will review the classification of the districts and recommend to the commission any changes to classification criteria that the department considers to be necessary. If the commission determines that changes are necessary, it will amend its rules to reflect those changes.

Additionally, as a housekeeping measure, the amendments delete the references to department offices in subsection (c) of the section because the department no longer uses the term "office" for the classification of headquarters operation groups.

COMMENTS

The department received a letter from several legislators and written comments from 53 others most of whom commented as representatives of various governmental entities.

The letter from the legislators was signed by Juan "Chuy" Hinojosa, State Senator, District 20; Judith Zaffirini, State Senator, District 21; Morgan LaMantia, State Senator, District 27; Terry Canales, State Representative, District 40; Ryan Guillen, State Representative, District 31; Oscar Longoria, State Representative, District 35; Sergio Munoz, Jr., State Representative, District 36; Janie Lopez, State Representative, District 37; Erin Gamez, State Representative, District 38; Armando "Mando" Martinez, State Representative, District 39; and R. D. "Bobby" Guerra, State Representative, District 41. They expressed support of the adoption of the rules and provided no suggested changes to the rules, as proposed. The letter urged the commission to increase the resources allocated for the administration and operation of the Pharr District and expressed concern that the Local Employment Impact Statement in the preamble of the proposed rules indicates minimal impact on local economies or employment from the proposed changes. The department thanks the legislators for their comments and insight and appreciates their support for the adoption of the rules. The Local Employment Impact Statement section of the preamble provides the best prediction of whether the rule, itself, (establishing the parameters for the classification of a district as metropolitan, urban, or rural) will have an impact on local economies. That determination is not an indication of, and does not restrict, the commission's future allocation of transportation funding or department resources.

The submissions received from other commenters are similar to one another. All support the adoption of the rules, and none suggested changes to the wording of the rules. The department thanks the commenters for their responses and appreciates their support.

STATUTORY AUTHORITY

The amendments are adopted 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, §201.105(h), which requires the commission to prescribe criteria for the classification of each of the department's district as metropolitan, urban, or rural.

The authority for the proposed amendments is provided by H.B. 3444, 88th Regular Session, 2023. The primary author and the primary sponsor of that bill are Rep. Canales and Sen. Hinojosa, respectively.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, §201.105.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 27, 2024.

TRD-202402821

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Effective date: July 17, 2024

Proposal publication date: April 12, 2024

For further information, please call: (512) 463-8630

CHAPTER 219. OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS

INTRODUCTION. The Texas Department of Motor Vehicles (department) adopts amendments to 43 Texas Administrative Code (TAC) Chapter 219, Oversize and Overweight Vehicles and Loads, Subchapter A, General Provisions, §219.1 and §219.2; Subchapter B, General Permits, §§219.11 - 219.15; Subchapter C, Permits for Over Axle and Over Gross Weight Tolerances, §§219.30 - 219.32 and 219.34 - 219.36; Subchapter D, Permits for Oversize and Overweight Oil Well Related Vehicles, §§219.41 - 219.45; Subchapter E, Permits for Oversize and Overweight Unladen Lift Equipment Motor Vehicles, §§219.60 - 219.64; Subchapter F, Compliance, §219.81; and Subchapter G, Records and Inspections, §219.102. The department also adopts new Subchapter A, §§219.5, 219.7 and 219.9. The department adopts the following sections without changes to the proposed text as published in the February 23, 2024, issue of the Texas Register (49 TexReg 1002) and will not be republished: §§219.1, 219.2, 219.5, 219.7, 219.9, 219.12 - 219.15, 219.30 - 219.32, 219.34 - 219.36, 219.41 - 219.45, 219.60, 219.61, 219.62, 219.64, 219.81 and 219.102. The department adopts §219.11 and §219.63 with changes to the proposed text as published in the February 23, 2024, issue of the Texas Register (49 TexReg 1002), and §219.11 and §219.63 will be republished. The department adopts §219.11 with changes to delay the end date through which the language in §219.11(l)(2) will be in effect regarding restrictions on the movement of certain oversize vehicles and loads on a holiday, and to separate the two sentences in paragraph (2) into subparagraphs (A) and (B). Also, the department adopts §219.63 with changes at adoption to remove the proposed deletion of a space and the proposed addition of a space in the references to Figure 1: 43 TAC §219.62(f). In addition, the department adopts the repeal of §§219.84, 219.86 and 219.123.

The department adopts amendments to document the department's processes and requirements in rule, to update the language to remove unnecessary or obsolete requirements, to delete language that is contained in statute, to delete repetitive language, to clarify the language, to update the language to be consistent with statutory changes; to update the language to be consistent with guidance from the Federal Highway Administration (FHWA), and to begin to organize the general provisions in Subchapter A of Chapter 219. The department also adopts the repeals to delete language that is obsolete or unnecessary; or exceeds the department's rulemaking authority. In addition, the department adopts amendments that renumber, re-letter, or remove cross-references within rule subdivisions due to the deletion of one or more subdivisions within the rules.

REASONED JUSTIFICATION.

Subchapter A. General Provisions

Adopted amendments to §219.1 clarify that Chapter 219 includes permits that authorize travel on certain public roadways in addition to the state highway system. For example, Transportation Code, §623.402 provides for the issuance of an overweight permit that authorizes the permittee to travel on certain county roads, municipal streets, and the state highway system to the extent the Texas Department of Transportation (TxDOT) approves such roads, streets, and state highways under Transportation Code, §623.405. An adopted amendment to §219.1 also clarifies that Chapter 219 includes the policies and procedures for filing surety bonds, including surety bonds that are required before an operator of certain vehicles that exceed certain axle weight limits is allowed to travel on municipal streets, county roads, or the state highway system. An adopted amendment to §219.1 also corrects an error by changing the word "insure" to "ensure."

Adopted amendments to §219.2(b) add a definition for the word "day" to define it as a calendar day for clarity; change the defined word "daylight" to "daytime" and modify the definition by referring to the definition in Transportation Code, §541.401 and deleting the definition, which was derived from §541.401; modify the definition for "hubometer" to replace the word "crane" with the term "unladen lift equipment motor vehicle" because that is the term used in Transportation Code, Chapter 623, Subchapter J; add the word "label" to the defined term "HUD number" so the term is consistent with the term used in §219.14 and Transportation Code, §623.093; amend the definition of "nighttime" to remove the portion of the definition contained in Transportation Code, §541.401 because the definition of "nighttime" refers to the definition in §541.401; amend the definition of "nondivisible load or vehicle" to be consistent with FHWA's interpretation of the term by adding language regarding properly secured components, adding the example from prior §219.61(g) for a crane traveling with properly secured components, and adding an example of a dozer traveling with the blade detached; amend the definition for "nondivisible load or vehicle" by adding a missing period at the end of the language regarding spent nuclear materials and re-lettering the subdivisions accordingly; amend the definition for "permit plate" to reference the definition for "oil well servicing, cleanout, or drilling machinery" as defined in Transportation Code, §502.001(29); add a hyphen between the words "trailer" and "mounted" because these words are compound modifiers for the defined term "trailer-mounted unit"; and add examples to the definition of "unladen lift equipment motor vehicle."

Adopted amendments to §219.2(b) also modify the definition for surety bond because the prior definition for surety bond only referenced the payment to TxDOT for damage to a highway and was therefore in conflict with Transportation Code, §622.134, which also requires payment to a county for damage to a county road and to a municipality for damage to a municipal street caused by the operation of the vehicle, and Transportation Code, §623.163, which also requires payment to a municipality for damage to a municipal street caused by the operation of the vehicle. In addition, an adopted amendment to the definition of surety bond in §219.2 removes language that said the surety bond expires at the end of the state fiscal year because §219.3(b) and §219.11(n) already include this language.

In addition, adopted amendments to §219.2(b) delete the following defined terms because the department adopted amendments that removed the defined terms from where they were used in Chapter 219: board, one-trip registration, temporary vehicle registration, 72-hour temporary vehicle registration, and 144-hour temporary vehicle registration.

Further, adopted amendments to §219.2(b) delete the following terms, which do not appear in Chapter 219: credit card, district, district engineer, machinery plate, motor carrier registration (MCR), traffic control device, trunnion axle group, and variable load suspension axles. Lastly, adopted amendments to §219.2(b) delete the following terms, which are defined in Transportation Code, Chapter 621, 622, or 623: department and director. Section 219.2 says the definitions contained in Transportation Code, Chapter 621, 622, and 623 apply to Chapter 219. The adopted amendments renumber the paragraphs within §219.2(b) to accommodate the adopted deletions and additions to the rule.

Adopted new §219.5 describes the department's current general application requirements to obtain an oversize or overweight permit, including the requirements to provide the required information, submit the required documents, pay the required fees, and submit the application in the form and by the method prescribed by the department on its website. The department's website lists the methods by which an applicant can apply for each type of permit. For example, the department's webpage for 30/60/90-day permits under Transportation Code, Chapter 623, Subchapter D says the applicant can apply via the Texas Permitting and Routing Optimization System (TxPROS) or submit the Time Permit Application (Form MCD-302) by mail to the address listed on the application form. TxPROS is the department's designated permitting system.

Adopted new §219.5 also refers to the application requirements under Chapter 219; Transportation Code, Chapters 621, 622, and 623; and other applicable law. For example, to qualify for certain permits, Transportation Code, §§623.011(b)(1), 623.079, and 623.194 require the vehicle to 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. Adopted new §219.5 also describes the process for an applicant to obtain a customer identification number by setting up an account in TxPROS, as well as the process to authorize the department to obtain a customer identification number for the applicant via TxPROS.

Adopted new §219.7 expressly authorizes certain amendments to permits to be consistent with current practice. Adopted new §219.7(a) provides general amendment guidelines, which are subject to the specific provisions in adopted new §219.7(b). Adopted new §219.7 allows amendments necessary to correct errors made by department staff or the department's permitting system, and as necessary to keep the contact information up to date. Adopted new §219.7 expressly authorizes certain amendments to permits even though other sections in Chapter 219 limit the types of amendments that are allowed to certain types of permits.

Adopted new §219.9 clarifies that the provisions in Chapter 219 do not authorize the operation of a vehicle or vehicle combination on the following roadways in this state to the extent FHWA determines the vehicle or vehicle combination exceeds the applicable weight or size for such roadway under 23 U.S.C. §127, 49 U.S.C. §§31111 through 31114, or federal regulations prescribed under 23 U.S.C. §127 or 49 U.S.C. §§31111 through 31114: the federal-aid primary system, the federal-aid urban system, and the federal-aid secondary system, including the national system of interstate and defense highways. Although these federal laws and regulations do not directly apply to the vehicle operator, Texas complies with such federal laws and regulations through Texas laws and rules regarding maximum vehicle size and weight for the following reasons under the following authority: 1) 23 U.S.C. §127, 23 U.S.C. §141, 49 U.S.C. §31112, and the regulations prescribed under 23 U.S.C. §127, 23 U.S.C. §141, and 49 U.S.C. §31112, which enables Texas to avoid the risk of losing a portion of federal highway funding; and 2) 49 U.S.C. §§31111 through 31114, which enables Texas to avoid a civil action by the U.S. Attorney General for injunctive relief under 49 U.S.C. §31115.

Adopted new §219.9 also requires the department to post a notice on its website and to possibly send notice to permittees through the applicable email addresses on file with the department to the extent the department learns that FHWA generally determines a vehicle or vehicle combination exceeds the applicable weight or size for such roadway under 23 U.S.C. §127, 49 U.S.C. §§31111 through 31114, or federal regulations prescribed under 23 U.S.C. §127 or 49 U.S.C. §§31111 through 31114 in a way that may conflict with a provision in this chapter. This provision is not based on FHWA finding that a specific permittee has exceeded the applicable weight or size; it is based on FHWA's general interpretation of federal law. For example, an adopted amendment to the definition of "nondivisible load or a vehicle" in §219.2 makes the definition consistent with FHWA's current interpretation of this term. If a vehicle already exceeds legal weight without including the weight of the properly secured components, FHWA said the vehicle is considered to be nondivisible even if properly secured components are being transported with the vehicle. To the extent the department learns that FHWA changed its interpretation of the definition of a "nondivisible load or vehicle" under 23 C.F.R. §658.5 in a way that conflicts with the adopted amended definition in §219.2, the department will post a notice on its website regarding FHWA's interpretation and may provide notice to permittees through the applicable email addresses on file with the department.

Subchapter B. General Permits

An adopted amendment to §219.11(b) removes the vehicle registration requirements because the applicable vehicle registration requirements under Transportation Code, §623.079 do not apply to the permits under the following sections in Subchapter B of Chapter 219: §§219.13(e)(5) through (7), 219.14, and 219.15. Also, it is not necessary to repeat the statutory requirements in rule. Amendments throughout Chapter 219 that delete reference to vehicle registration requirements do not impact the applicable vehicle registration requirements under Transportation Code, Chapter 502; the amendments are based on the department's statutory authority under Transportation Code, Chapters 621, 622 and 623. An adopted amendment to §219.11(b) also removes the word "commercial" from the term "commercial motor carrier" to be consistent with the terminology in Transportation Code, Chapter 643 and Chapter 218 of this title (relating to Motor Carriers). In addition, adopted amendments to §219.11(b) restructure the subsection due to adopted amendments and deletions within the subsection.

An adopted amendment to §219.11(d)(1), (d)(1)(D), and (d)(1)(E) changes the term "non-TxDOT engineer" to "non-TxDOT licensed professional engineer" to be consistent with existing terminology in §219.11(d), which refers to a "TxDOT approved licensed professional engineer."

An adopted amendment to §219.11(d)(1)(F) and (d)(3)(H) restructures the sentences to clarify that the maximum permit weight on the axle groups is reduced by 2.5 percent for each foot less than 12 feet. Adopted amendments to §219.11(d)(2) and (3) add hyphens to the compound modifiers regarding the axle groups and make the terms consistent with the terms in the text in §219.2. An adopted amendment to §219.11(e)(2)(A)(i) changes the word "weak" to "reduced capacity" to describe certain bridges more accurately.

An adopted amendment to §219.11(f) deletes paragraph (1) because the language regarding the payment of fees was added to adopted new §219.5 in Subchapter A, which applies to all permit applications under Chapter 219. An adopted amendment to §219.11(f) also removes the paragraph number and catch line for paragraph (2) because there would only be one paragraph in subsection (f) due to the adopted deletion of paragraph (1). An adopted amendment to the following sections removes the cross-reference to §219.11(f) regarding the payment of fees due to the adopted deletion of this language from §219.11(f), and renumber or re-letter accordingly as necessary: §§219.13, 219.14, 219.15, 219.30, 219.31, 219.32, 219.34, 219.35, 219.36, 219.41, 219.45 and 219.61.

An adopted amendment to §219.11(k)(7) deletes subparagraph (E) because it conflicts with Transportation Code, §547.382. Adopted amendments to §219.11(l)(1) change the word "daylight" to "daytime" and change the term "daylight hours" to "the daytime" because an adopted amendment to §219.2 changes the word "daylight" to "daytime." For this reason, the department also adopted similar amendments to the following sections: §§219.12, 219.13, 219.15, 219.41 and 219.61. An adopted amendment to renumbered and re-lettered §219.13(e)(5)(E) also deletes reference to Transportation Code, §541.401 for the definition of "daytime" because an adopted amendment to §219.2 defines "daytime" by referencing the definition in Transportation Code, §541.401. Adopted amendments to §219.11(l)(1) change the word "night" to "nighttime" to provide clarity because "nighttime" is defined in §219.2. For this reason, the department also adopted amendments to the following sections to change the word "night" to "nighttime": §§219.13, 219.34. 219.35, 219.36 and 219.44.

The department adopts §219.11 with changes at adoption to make the language in §219.11(l)(2) effective through January 10, 2025, regarding restrictions on the movement of certain oversize vehicles and loads on a holiday and to separate the two sentences in paragraph (2) into subparagraphs (A) and (B). The delay will give the Texas Transportation Commission additional time in case it wants to adopt a rule regarding the maximum size limits for a permit issued under Transportation Code, Chapter 623, Subchapter D for holiday movement. The Texas Transportation Commission has rulemaking authority under Transportation Code, §621.006 to impose restrictions on the weight and size of vehicles to be operated on state highways on certain holidays. In addition, TxDOT is responsible for providing the department with routing information necessary to complete a permit under Transportation Code, §623.003.

An adopted amendment to §219.11(l)(2) clarifies that the department may apply restrictions imposed by TxDOT. An adopted amendment to §219.11(l)(3) clarifies that the curfew movement restrictions of a city or county 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. An adopted amendment to §219.11(l)(3) also deletes language regarding the curfew restrictions listed on the permit to make the language consistent throughout Chapter 219 regarding published curfew restrictions.

An adopted amendment to §219.11(m)(1) deletes subparagraph (B) because the department does not have statutory authority for the language in subparagraph (B). Also, an adopted amendment to §219.11(m)(1) deletes a reference in subparagraph (A) to subparagraph (B) and re-letters subparagraph (C) due to the deletion of subparagraph (B). In addition, an adopted amendment to re-lettered §219.11(m)(1)(B) clarifies that the restrictions in §219.11(m)(1)(A) and the definition of a "nondivisible load or vehicle" in §219.2 apply to a permit to haul a dozer and its detached blade. Further, an adopted amendment to re-lettered §219.11(m)(1)(B) replaces the word "non-dismantable" with "nondivisible" because "nondivisible load" is a defined term in §219.2, but "non-dismantable" is not defined in Chapter 219.

An adopted amendment to §219.12(b)(3)(C) clarifies that TxDOT, rather than the department, incurs a cost for analyses performed prior to issuing a superheavy permit under §219.12. An adopted amendment to §219.12(b)(6) deletes reference to an intermodal container because Transportation Code, §623.070 says that Subchapter D of Transportation Code, Chapter 623 does not apply to the transportation of an intermodal shipping container.

Adopted amendments to §219.12(b)(7) through (b)(9) combine the paragraphs into revised §219.12(b)(7) because the text covers a specific type of single-trip permit called a superheavy permit. The adopted amendments to §219.12(b)(7) include the requirements in prior §219.12(b)(7) through (b)(9) for the department to provide the applicant with a tentative route based on the physical size of the overdimension load excluding weight, as well as the requirement for the applicant to investigate the tentative route and acknowledge in writing to the department that the route is capable of accommodating the overdimension load. The adopted amendments to §219.12(b)(7) also describe the current process, including the requirement for the department to consult with TxDOT and the applicant as necessary to attempt to determine a tentative route that the applicant can acknowledge is capable of accommodating the overdimension load; the department's obligation to provide the tentative route to the applicant's TxDOT-certified, licensed professional engineering firm once the applicant acknowledges to the department that the tentative route is capable of accommodating the overdimension load; and the requirement under Chapter 28, Subchapter G of this title (relating to Oversize and Overweight Vehicles and Loads) for the applicant's TxDOT-certified, licensed professional engineering firm to provide TxDOT with a report that TxDOT uses to approve the department's tentative route for the movement of a superheavy load under Transportation Code, §623.071 as required by Transportation Code, §623.003. TxDOT relies on outside engineering firms to provide the initial review and analysis for the superheavy permit application prior to providing the department with approval for the tentative route, which the department provides to the applicant for superheavy loads.

The applicant for a superheavy permit must provide the TxDOT-certified, licensed professional engineering firm with the information and documents the engineering firm needs to provide TxDOT with a written report under §28.86 of this title (relating to Bridge Report). The adopted amendments to §219.12(b)(7) delete text found in prior §219.12(b)(7)(A) through (B) because the information and documents that the TxDOT-certified, licensed professional engineering firm needs to create a written report could vary, depending on the load and the processes of each firm. Before TxDOT will provide the department with approval for the department's tentative route for the superheavy load, TxDOT must receive from the applicant's TxDOT-certified, licensed professional engineering firm a written report that includes a detailed structural analysis of the bridges on the proposed route demonstrating that the bridges and culverts on the route are capable of sustaining the load. The department will not issue a superheavy permit unless TxDOT provides the department with approval for the tentative route proposed by the department and acknowledged by the applicant as capable of accommodating the overdimension load.

Adopted amendments to §219.12(b)(7) also clarify that the reference to an overdimension load that is between 200,001 and 254,300 pounds is a reference to gross weight, which is defined in §219.2. In addition, adopted amendments to §219.12(b)(7) delete text found in prior §219.12(b)(7)(C) through (D) because the department no longer needs the referenced form and because the vehicle supervision fee is already addressed in §219.12(b)(3). Further, adopted amendments to §219.12(b)(7) modify the prior text in §219.12(b)(7)(E) to require the applicant to provide the department with the TxDOT-certified licensed, professional engineering firm's email address, instead of the firm's phone number and fax number.

Adopted amendments to §219.12(d) delete references to storage tanks to be consistent with the department's current practice. An adopted amendment to §219.12(d) also deletes prior paragraph (1) because there are no statutory limits on the size of a house under a permit to move a house. In addition, adopted amendments to §219.12(d) add hyphens between the words "two" and "axle" because these words are compound modifiers for the word "group." Further, adopted amendments to §219.12(d) and (e) delete the requirement for a permit applicant to provide a loading diagram to the department because the applicant must enter weight information into the department's designated permitting system, rather than providing the loading diagram. An adopted amendment to §219.12(d) requires the applicant to provide the department with the requested information regarding weights. Due to adopted deletions of subdivisions within §219.12(d), the remaining subdivisions are renumbered accordingly. With the adopted deletion of §219.12(e), subsection (f) is re-lettered accordingly.

An adopted amendment to §219.13(a) adds a citation to Transportation Code, Chapter 622 because permits for transporting poles required for the maintenance of electric power transmission and distribution lines (power line poles) are authorized under Transportation Code, Chapter 622, Subchapter E. Section 219.13(e)(6) provides the requirements regarding a permit for power line poles.

An adopted amendment to §219.13(b)(1) deletes the permit fee amounts because the fees are listed in Transportation Code, §623.076. An adopted amendment to §219.13(b) deletes prior paragraph (4), which said that time permits will not be issued to a vehicle or vehicle combination that is registered with temporary vehicle registration. Transportation Code, §623.079 says a permit issued under Subchapter D of Chapter 623 of the Transportation Code may only be issued if the vehicle is registered under Transportation Code, Chapter 502 for the maximum gross weight applicable to the vehicle under Transportation Code, §621.101 that is not heavier than 80,000 pounds overall gross weight. The vehicle registration requirements under Transportation Code, §623.079 do not apply to the permits under §219.13(e)(5) through (7). Also, for permits under §219.13 for which vehicle registration is required, temporary vehicle registration under Transportation Code, Chapter 502 qualifies as vehicle registration under Transportation Code, §623.079. With the adopted deletion of §219.13(b)(1) and (4), adopted amendments to §219.13(b) renumber the subsequent paragraphs within §219.13(b) accordingly.

Adopted amendments to §219.13(e)(4) delete references to an intermodal container because Transportation Code, §623.070 says that Subchapter D of Transportation Code, Chapter 623 does not apply to the transportation of an intermodal shipping container. An adopted amendment to §219.13(e)(4) also corrects an error by replacing the word "principle" with "principal."

An adopted amendment to §219.13(e)(5) deletes reference to §219.13(e)(1)(E) because an adopted amendment to §219.13(e)(1) deletes subparagraph (A) and re-letters the subsequent subparagraphs. An adopted amendment to §219.13(e)(5) also deletes reference to §219.13(e)(1)(G) because paragraph (1) does not contain a subparagraph (G). In addition, an adopted amendment to §219.13(e)(5) deletes subparagraph (E) because Transportation Code, Chapter 623 does not require the vehicle to be registered under Transportation Code, Chapter 502. Also, to the extent the permitted vehicle under §219.13(e)(5) falls within the definition of "manufactured housing" under Occupations Code, §1201.003, the vehicle is not subject to vehicle registration under Transportation Code, Chapter 502 according to Transportation Code, §502.142. Further, an adopted amendment to §219.13(e)(5) deletes subparagraph (G) because the escort requirements are contained in statute. Lastly, adopted amendments to §219.13(e)(5) re-letter subsequent subdivisions within the rule text due to deletions.

An adopted amendment to §219.13(e)(6) deletes subparagraph (F) because Transportation Code, Chapter 623 does not require the vehicle to be registered under Transportation Code, Chapter 502. An adopted amendment to §219.13(e)(6) re-letters subsequent subdivisions within the rule text due to the deletion of subparagraph (F).

An adopted amendment to §219.13(e)(7) deletes subparagraph (F) because Transportation Code, Chapter 623 does not require the vehicle to be registered under Transportation Code, Chapter 502.

An adopted amendment to §219.13(e)(8) removes reference to the fee under subsection (b) of §219.13 because an adopted amendment deletes the fee language in subsection (b).

An adopted amendment to §219.14 deletes subsection (d) because the permit fee is listed in Transportation Code, §623.096. An adopted amendment to §219.14 re-letters the subsequent subsections due to the deletion of subsection (d). An adopted amendment to re-lettered §219.14(d) deletes paragraph (5) because the language duplicates language found in Transportation Code, §623.100, and does not list all national holidays. An adopted amendment to re-lettered §219.14(d) renumbers the subsequent paragraphs due to the deletion of paragraph (5). An adopted amendment to re-lettered and renumbered §219.14(d)(6) deletes the clause "listed in this subsection" because an adopted amendment to re-lettered and renumbered §219.14(d) deletes the prior §219.14(e)(5) in which some of the national holidays were listed. An adopted amendment to re-lettered and renumbered §219.14(d)(8) adds the title for §219.11 for clarity. An adopted amendment to re-lettered §219.14(d) deletes prior §219.14(e)(10) because Transportation Code, §623.099 requires TxDOT, rather than the department, to annually publish 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. An adopted amendment to re-lettered §219.14(d) renumbers the remaining paragraph due to the deletion of paragraph (10). Adopted amendments to §219.14 delete subsection (f) because the language is contained in statute.

An adopted amendment to §219.15(a)(2) deletes reference to the fee required by subsection (d) and replaces the language with a reference to the fee required by statute because an adopted amendment to subsection (d) removes fee language that duplicates language found in statute. An adopted amendment to §219.15(c) deletes reference to §219.11(b)(2) because the vehicle registration requirements under Transportation Code, §623.079 do not apply to a permit under §219.15 and an adopted amendment to §219.11(b) deletes the vehicle registration requirements. An adopted amendment to §219.15 deletes subsection (f) because the language regarding escort requirements is contained in statute.

Subchapter C. Permits for Over Axle and Over Gross Weight Tolerances

An adopted amendment to §219.30(a) removes an unnecessary sentence, which incorrectly references the requirements in Subchapter C of Chapter 219. An adopted amendment to §219.30(b) replaces the word "subchapter" with "section" because §219.30 is the only section in Subchapter C of Chapter 219 that provides for the issuance of a permit under Transportation Code, §623.011. An adopted amendment to §219.30(d)(3) removes reference to the vehicle's inspection sticker because vehicle inspection stickers are no longer issued in Texas. The vehicle inspection requirements in Texas are enforced through vehicle registration under Transportation Code, §502.047 and §548.256. An adopted amendment to §219.30(d) deletes paragraph (5) because the language is inconsistent with Transportation Code, §623.013, which was amended by Senate Bill 1814, 87th Legislature, Regular Session (2021). An adopted amendment to §219.30 deletes subsection (g) because most of the language is contained in Transportation Code, §621.508, which provides an affirmative defense to prosecution of, or an action under Transportation Code, Chapter 623, Subchapter F for the offense of operating a vehicle with a single axle weight or tandem axle weight heavier than the axle weight authorized by law. The adopted amendments to §219.30 re-letter the remaining subsection to address the removal of §219.30(g).

An adopted amendment to §219.32(k) deletes language that is contained in Transportation Code, §623.0171 because it is not necessary to repeat statutory language in rule. An adopted amendment to §219.32(k) also restructures the language due to the deletion of the paragraphs under subsection (k).

An adopted amendment to §219.35(a) updates the citation to the subchapter under which the fluid milk permit is located in Transportation Code, Chapter 623. The legislature redesignated the statutes for the fluid milk permit from Subchapter U to Subchapter V.

An adopted amendment to §219.36(a) deletes reference to the bill under which Transportation Code, §623.401, et seq. became law because Transportation Code, Chapter 623 currently only contains one Subchapter U. The legislature redesignated the statutes for the fluid milk permit from Subchapter U to Subchapter V.

Subchapter D. Permits for Oversize and Overweight Oil Well Related Vehicles

Adopted amendments to §219.42(d) add a hyphen between the words "trailer" and "mounted" because these words are compound modifiers for the term "trailer-mounted unit." An adopted amendment to §219.42(d)(3) also removes outdated language regarding the calculation of the fee for a single-trip permit for the movement of a trailer-mounted oil well servicing unit. Axles are no longer temporarily disregarded for the purposes of calculating fees for this single-trip permit. In addition, an adopted amendment to §219.42(d)(3) removes the subparagraph letter for prior subparagraph (A) due to the deletion of subparagraph (B), which was the only other subparagraph under prior §219.42(d)(3).

Adopted amendments to §219.43(e) add a hyphen between the words "trailer" and "mounted" because these words are compound modifiers for the term "trailer-mounted unit." An adopted amendment to §219.43(e)(4) also removes outdated language regarding the calculation of the fee for a quarterly hubometer permit for the movement of an oil well servicing unit. Axles are no longer temporarily disregarded for the purposes of calculating the fees for this quarterly hubometer permit.

An adopted amendment to §219.44(a)(1) deletes subparagraph (A) because Transportation Code, §502.146(b)(3) requires the applicant for a permit plate for oil well servicing or drilling machinery to submit proof that the applicant has a permit under Transportation Code, §623.142 before they can obtain a permit plate under Transportation Code, §502.146(b)(3). An adopted amendment to §219.44(a)(1) also removes the subparagraph letter for prior subparagraph (B) due to the deletion of subparagraph (A), which was the only other subparagraph under prior §219.44(a)(1).

An adopted amendment to §219.45(a) replaces the word "fracing" with "fracking," which is defined as "the injection of fluid into shale beds at high pressure in order to free up petroleum resources (such as oil or natural gas)." See Fracking, Merriam-Webster Online Dictionary (www.merriam-webster.com/dictionary/fracking) (last visited January 18, 2024). An adopted amendment to §219.45(c) deletes prior paragraph (2) because the vehicle registration requirements are specified in statute and are not required as part of the application process for a permit for a vehicle transporting liquid products related to oil well production. An adopted amendment to §219.45(c) renumbers the remaining paragraphs due to the deletion of prior paragraph (2). An adopted amendment to renumbered §219.45(c)(3)(C) inserts the word "plate" before the word "number" to clarify that the permittee must provide the department with the "license plate number" for the new trailer.

Subchapter E. Permits for Oversize and Overweight Unladen Lift Equipment Motor Vehicles

An adopted amendment to §219.60 replaces the word "cranes" with "unladen lift equipment motor vehicles" to be consistent with the terminology in Transportation Code, Chapter 623, Subchapters I and J. The department also adopts amendments to the following sections to replace terminology regarding a crane with terminology regarding an unladen lift equipment motor vehicle to be consistent with the terminology in Transportation Code, Chapter 623, Subchapter I and Subchapter J: §§219.61, 219.62, 219.63 and 219.64.

An adopted amendment to §219.61(a) deletes paragraph (4) regarding a trailer-mounted crane, and an adopted amendment to §219.62(d)(2)(B) deletes the mileage rate for a trailer-mounted crane because Transportation Code, §623.181 and §623.191 say the permits are for an "unladen lift equipment motor vehicle," rather than for a trailer-mounted crane. An adopted amendment to §219.61 deletes prior subsection (g) in conjunction with the adopted amendment to move that language to the definition of "nondivisible load or vehicle" in §219.2.

An adopted amendment to the title for §219.62 replaces the term "Single Trip" with "Single-Trip" to be consistent with the term used in the text of §219.62. An adopted amendment to §219.62(b) adds a space between the colon and title 43 as follows: Figure 1: 43 TAC §219.62(f). An adopted amendment to §219.62(d) deletes paragraph (3) to remove outdated language regarding the calculation of the fee for a single-trip permit for the movement of an unladen lift equipment motor vehicle. Axles are no longer temporarily disregarded for the purposes of calculating fees for this single-trip permit. An adopted amendment to §219.62(d) also renumbers paragraph (4) due to the deletion of paragraph (3).

The department adopts §219.63 with changes at adoption to remove the proposed deletion of a space and the proposed addition of a space in the references to Figure 1: 43 TAC §219.62(f) that the department indicated as changes in the published proposal. An adopted amendment to §219.63(e) deletes paragraph (4) to remove outdated language regarding the calculation of the fee for a hubometer permit for the movement of an unladen lift equipment motor vehicle. Axles are no longer temporarily disregarded for the purposes of calculating fees for this hubometer permit.

Transportation Code, §623.145 and §623.195 require the board to consult with the Texas Transportation Commission prior to the adoption of certain rules regarding oversize and overweight permits for the operation of oil well servicing and drilling machinery and unladen lift equipment motor vehicles. To comply with these statutory requirements, the board consulted with the Texas Transportation Commission on the amendments to 43 TAC §§219.41 - 219.45 and 219.60 - 219.64. The department provided the proposed amendments to the Texas Transportation Commission through TxDOT's staff. The Texas Transportation Commission considered the proposed amendments at its public meeting on April 25, 2024, and entered a Minute Order to document compliance with Transportation Code, §623.145 and §623.195.

Subchapter F. Compliance

An adopted amendment to §219.81 deletes subsection (c) because the department does not have rulemaking authority under Transportation Code, Chapters 621 through 623 to prohibit a person from operating a vehicle on a highway or public road if the vehicle exceeds its gross weight registration. The vehicle registration weight requirements are enforced by law enforcement officers under statutes, such as Transportation Code, §§502.472, 621.002, 621.406, and 621.501.

The department adopts the repeal of §219.84 because the department replaced the remote permit system with TxPROS and the department does not require applicants to sign a contract to use TxPROS. The department adopts the repeal of §219.86 because it exceeds the scope of the department's rulemaking authority. Although Transportation Code, §623.146 and §623.196 contain language that is similar to the language in §219.86 for certain permits, the language in §219.86 applies to all permits. Not all permits under Chapter 219 are governed by Transportation Code, §623.146 and §623.196.

Subchapter G. Records and Inspections

An adopted amendment to §219.102(b)(2) deletes language that says the display of an image that includes permit information on a wireless communication device does not constitute effective consent for a law enforcement officer or any other person to access the contents of the wireless communication device except to view the permit information. The department does not have the statutory authority for this language in §219.102(b)(2)(B). However, the person who chooses to display an image of a permit on a wireless communication device can discuss the extent of their consent with the law enforcement officer or any other person prior to displaying an image of a permit on a wireless communication device. An adopted amendment to §219.102(b)(2) re-letters the remaining subparagraph due to the deletion of prior §219.102(b)(2)(B). An adopted amendment to §219.102(b)(2) also deletes language in prior subparagraph (D) that said a telecommunications provider may not be held liable to the operator of the motor vehicle for the failure of a wireless communication device to display permit information. The department does not have the statutory authority for the language in prior §219.102(b)(2)(D).

Subchapter H. Administrative Penalties and Sanctions

The department adopts the repeal of §219.123 because it repeats the language found in Transportation Code, §623.271(e). It is not necessary to repeat statutory language in rule.

SUMMARY OF COMMENTS.

No comments on the proposed amendments, new sections and repeals were received.

SUBCHAPTER A. GENERAL PROVISIONS

43 TAC §§219.1, 219.2, 219.5, 219.7, 219.9

STATUTORY AUTHORITY. The department adopts amendments and new sections under Transportation Code, §621.008, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621; Transportation Code, §621.356, which authorizes the board to adopt rules prescribing the method of payment of a fee for a permit that is issued by the department for the operation of a vehicle and load or a combination of vehicles and load that exceed size or weight limitations; Transportation Code, §622.002, which 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, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; Transportation Code, §623.0171, which requires the department by rule to require an applicant for a permit for a ready-mixed concrete truck to designate the counties in which the applicant intends to operate; Transportation Code, §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, which authorizes the department to adopt a rule to authorize an applicant to submit an application electronically and to require an application for certain permits to include the region or area over which the equipment is to be operated; Transportation Code, §623.076, which authorizes the board to adopt rules for the payment of a fee under Subchapter D of Transportation Code, Chapter 623 regarding heavy equipment; Transportation Code, §623.095(c), which 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 Transportation Code, §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, which requires the board, in consultation with the Texas Transportation Commission, to adopt rules to provide for the issuance of a permit under Subchapter G of Transportation Code, Chapter 623 regarding oil well servicing and drilling machinery; Transportation Code, §623.195, which requires the board, in consultation with the Texas Transportation Commission, to adopt rules to provide for the issuance of a permit under Subchapter J of Transportation Code, Chapter 623 regarding unladen lift equipment motor vehicles; Transportation Code, §623.342, which authorizes the board to adopt rules that are necessary to implement Subchapter R of Transportation Code, Chapter 623 regarding permits to deliver relief supplies during a major disaster; Transportation Code, §623.411, which authorizes the department to adopt rules that are necessary to implement Subchapter U of Transportation Code, Chapter 623, including rules governing the application for a permit under Subchapter U regarding intermodal shipping containers; Transportation Code, §623.427, which authorizes the department to adopt rules that are necessary to implement Subchapter V of Transportation Code, Chapter 623 regarding vehicles transporting fluid milk; 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; Transportation Code, §1001.009, which authorizes the board to adopt rules regarding the method of collection of a fee for any goods sold or services provided by the department, including the issuance of licenses and permits; Government Code, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.

CROSS REFERENCE TO STATUTE. The adopted amendments and new sections implement Transportation Code, Chapters 621, 622, 623, 1001, and 1002; and Government Code, Chapter 2001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2024.

TRD-202402848

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Effective date: July 18, 2024

Proposal publication date: February 23, 2024

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

43 TAC §§219.11 - 219.15

STATUTORY AUTHORITY. The department adopts amendments under Transportation Code, §621.008, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621; Transportation Code, §622.002, which 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, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; Transportation Code, §623.003, which requires the department to base the department's routing decision on information provided by TxDOT to the extent the department is required to determine a route under Transportation Code, Chapter 623; Transportation Code, §623.008, which authorizes the department to require a person operating under a permit issued by the department to use one or more escort flag vehicles and escort flaggers if required by TxDOT or for the safe movement over the roads of an oversize or overweight vehicle and its load; Transportation Code, §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, §623.072 which authorizes the department to determine the route of the equipment and the commodity on each state highway in the municipality if the municipality with a state highway in its territory does not designate a route; Transportation Code, §623.074, which authorizes the department to adopt a rule to require an application for certain permits to include the region or area over which the equipment is to be operated; Transportation Code, §623.095(c), which authorizes the department to adopt rules concerning the requirements for 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; Transportation Code, §623.122 which authorizes the department to determine the route to be used by the equipment on the state highway in the municipality if the municipality with a state highway in its territory does not designate a route; Transportation Code, §623.128, which only authorizes a permit for the movement of portable building units to be used during daylight hours; 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, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.

CROSS REFERENCE TO STATUTE. The adopted amendments implement Transportation Code, Chapters 621, 622, 623, and 1002; and Government Code, Chapter 2001.

§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) Motor carrier registration or surety bond. Unless exempted by law, 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 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.

(c) Permit application.

(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 of the applicant;

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

(C) applicant's USDOT Number if applicant is required by law to have a USDOT Number;

(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 licensed professional 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 licensed professional 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 licensed professional engineer must have final approval from TxDOT.

(F) If two or more consecutive axle groups have 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, the maximum permit weight on the axle groups 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;

(C) three-axle group--60,000 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;

(C) three-axle group--54,000 pounds;

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

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

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

(H) if two or more consecutive axle groups have 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, the maximum permit weight on the axle groups 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 reduced capacity 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) Refund of permit fees. 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

(C) have a front and a rear escort flag vehicle for all roads, when the width of the load exceeds 16 feet.

(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

(C) a front and rear escort flag vehicle at all times if the permitted vehicle exceeds 125 feet overall length.

(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.

(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) Daytime and nighttime movement restrictions.

(A) A permitted vehicle may be moved only during the daytime 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 nighttime movement, based on a route and traffic study conducted by TxDOT. Escort flag vehicles may be required when an exception allowing nighttime movement is granted.

(2) Holiday restrictions.

(A) Effective through January 10, 2025, 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.

(B) The department may restrict holiday movement of specific loads based on TxDOT's determination that the load could pose a hazard for the traveling public due to local road or traffic conditions.

(3) Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions published by the department.

(m) General provisions.

(1) Multiple commodities.

(A) 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) Subject to the restrictions in subparagraph (A) of this paragraph and the definition of a "nondivisible load or vehicle" in §219.2 of this title (relating to Definitions), an applicant requesting a permit to haul a dozer and its detached blade may be issued a permit, as a nondivisible 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;

(C) be effective the day it is issued and expire at the end of the state fiscal year;

(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 agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2024.

TRD-202402849

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Effective date: July 18, 2024

Proposal publication date: February 23, 2024

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

43 TAC §§219.30 - 219.32, 219.34 - 219.36

STATUTORY AUTHORITY. The department adopts amendments under Transportation Code, §621.008, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; Transportation Code, §623.003, which requires the department to base the department's routing decision on information provided by TxDOT to the extent the department is required to determine a route under Transportation Code, Chapter 623; Transportation Code, §623.0171, which requires the department by rule to require an applicant for a permit for a ready-mixed concrete truck to designate the counties in which the applicant intends to operate; Transportation Code, §623.0171, which requires the department by rule to specify how 50 percent of the fee collected for a permit for a ready-mixed concrete truck shall be divided among and distributed to the counties designated in the permit application; Transportation Code, §623.0172, which prohibits the use of a permit issued under this section on routes for which TxDOT has not authorized the operation of a vehicle combination described by §623.0172(b); Transportation Code, §623.343, which authorizes the department to impose conditions on a permit holder to ensure the safe operation of a permitted vehicle and minimize damage to roadways, including requirements relating to vehicle routing, hours of operation, weight limits, and requirements for escort vehicles; Transportation Code, §623.405, which only authorizes a permit for an intermodal shipping container to be used on highways and roads approved by TxDOT; Transportation Code, §623.411, which requires the department to adopt rules that are necessary to implement Subchapter U of Transportation Code, Chapter 623, regarding intermodal shipping containers; Transportation Code, §623.424, which only authorizes a permit for fluid milk to be used on highways and roads approved by TxDOT; Transportation Code, §623.427, which requires the department to adopt rules that are necessary to implement Subchapter V of Transportation Code, Chapter 623 regarding vehicles transporting fluid milk; 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, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.

CROSS REFERENCE TO STATUTE. The amendments implement Transportation Code, Chapters 621, 623, and 1002; and Government Code, Chapter 2001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2024.

TRD-202402850

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Effective date: July 18, 2024

Proposal publication date: February 23, 2024

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

43 TAC §§219.41 - 219.45

STATUTORY AUTHORITY. The department adopts amendments under Transportation Code, §621.008, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; Transportation Code, §623.003, which requires the department to base the department's routing decision on information provided by TxDOT to the extent the department is required to determine a route under Transportation Code, Chapter 623; Transportation Code, §623.145, which requires the board, in consultation with the Texas Transportation Commission, to adopt rules to provide for the issuance of a permit under Subchapter G of Transportation Code, Chapter 623 regarding oil well servicing and drilling machinery, including rules regarding conditions on the route and time of movement; 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, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.

CROSS REFERENCE TO STATUTE. The adopted amendments implement Transportation Code, Chapters 621, 623, and 1002; and Government Code, Chapter 2001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2024.

TRD-202402851

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Effective date: July 18, 2024

Proposal publication date: February 23, 2024

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

43 TAC §§219.60 - 219.64

STATUTORY AUTHORITY. The department adopts amendments under Transportation Code, §621.008, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; Transportation Code, §623.003, which requires the department to base the department's routing decision on information provided by TxDOT to the extent the department is required to determine a route under Transportation Code, Chapter 623; Transportation Code, §623.181, which authorizes the department to issue an annual permit for the movement over a highway or road in this state of an unladen lift equipment motor vehicle that exceeds the maximum weight or width limitations prescribed by statute; Transportation Code, §623.195, which requires the board, in consultation with the Texas Transportation Commission, to adopt rules to provide for the issuance of a permit under Subchapter J of Transportation Code, Chapter 623 regarding trip permits for unladen lift equipment motor vehicles, including rules regarding conditions on the route and time of movement; 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, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.

CROSS REFERENCE TO STATUTE. The adopted amendments implement Transportation Code, Chapters 621, 623, and 1002; and Government Code, Chapter 2001.

§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 unladen lift equipment motor vehicle to travel on all state-maintained highways; and

(C) allows the unladen lift equipment motor vehicle to travel on a state-wide basis.

(3) An unladen lift equipment motor vehicle 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

(C) 95 feet in length.

(4) With the exception of unladen lift equipment motor vehicles that are overlength only, unladen lift equipment motor vehicles operated with a quarterly hubometer permit must be equipped with a hubometer. The permittee must maintain the hubometer in good working condition.

(5) An unladen lift equipment motor vehicle exceeding 175,000 pounds gross weight must:

(A) have front and rear escort flag vehicles to prevent traffic from traveling beside the unladen lift equipment motor vehicle as it crosses a bridge;

(B) cross all multi-lane bridges by centering the unladen lift equipment motor vehicle on a lane line;

(C) cross all two-lane bridges in the center of the bridge; and

(D) cross each bridge at a speed not greater than 20 miles per hour.

(6) The permitted unladen lift equipment motor vehicle 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:

(A) if listed on the permit, the hubometer serial number; or

(B) the 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 an unladen lift equipment motor vehicle 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."

(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) An unladen lift equipment motor vehicle 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).

(c) Initial permit application and issuance.

(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 unladen lift equipment motor vehicle 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 the unladen lift equipment motor vehicle 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 unladen lift equipment motor vehicles. An unladen lift equipment motor vehicle that is overlength only is not required to have a hubometer. The fee for this permit is $31.

(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 unladen lift equipment motor vehicle's current hubometer mileage reading minus the unladen lift equipment motor vehicle'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 unladen lift equipment motor vehicle.

(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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2024.

TRD-202402852

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Effective date: July 18, 2024

Proposal publication date: February 23, 2024

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

43 TAC §219.81

STATUTORY AUTHORITY. The department adopts the amendment under Transportation Code, §621.008, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621; Transportation Code, §622.002, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 622; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; 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, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.

CROSS REFERENCE TO STATUTE. The adopted amendment implements Transportation Code, Chapters 621, 622, 623, and 1002; and Government Code, Chapter 2001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2024.

TRD-202402853

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Effective date: July 18, 2024

Proposal publication date: February 23, 2024

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

STATUTORY AUTHORITY. The department adopts the repeals under Transportation Code, §621.008, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621; Transportation Code, §622.002, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 622; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; 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; and the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.

CROSS REFERENCE TO STATUTE. The adopted repeals implement Transportation Code, Chapters 621, 622, 623 and 1002.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2024.

TRD-202402854

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Effective date: July 18, 2024

Proposal publication date: February 23, 2024

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

43 TAC §219.102

STATUTORY AUTHORITY. The department adopts the amendments under Transportation Code, §621.008, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621; Transportation Code, §622.002, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 622; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; 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, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.

CROSS REFERENCE TO STATUTE. The amendments implement Transportation Code, Chapters 621, 622, and 623; and Government Code, Chapter 2001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2024.

TRD-202402855

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Effective date: July 18, 2024

Proposal publication date: February 23, 2024

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

43 TAC §219.123

STATUTORY AUTHORITY. The department adopts the repeal under Transportation Code, §621.008, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 621; Transportation Code, §622.002, which authorizes the board to adopt rules that are necessary to implement and enforce Transportation Code, Chapter 622; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; Transportation Code, §623.271, which requires the payment of an administrative penalty under §623.271 before the department may issue a permit under Transportation Code, Chapter 623 to a person who has been ordered to pay the administrative penalty and for the vehicle that is the subject of the enforcement order; 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, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; Government Code, §2001.054, which specifies the requirements regarding the grant, denial, renewal, revocation, suspension, annulment, or withdrawal of a license; and the statutory authority referenced throughout the preamble and in the rule text, which is incorporated herein by reference.

CROSS REFERENCE TO STATUTE. The adopted repeal implements Transportation Code, Chapters 621, 622, and 623; and Government Code, Chapter 2001.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 28, 2024.

TRD-202402856

Laura Moriaty

General Counsel

Texas Department of Motor Vehicles

Effective date: July 18, 2024

Proposal publication date: February 23, 2024

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