PART 10. TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 219. OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS
INTRODUCTION. The Texas Department of Motor Vehicles (department) adopts amendments to 43 Texas Administrative Code (TAC) Subchapter B, General Permits, §§219.11, 219.13, and 219.14; Subchapter C, Permits for Over Axle and Over Gross Weight Tolerances, §§219.30-219.36; Subchapter D, Permits for Oversize and Overweight Oil Well Related Vehicles, §219.41 and §219.43; and Subchapter E, Permits for Oversize and Overweight Unladen Lift Equipment Motor Vehicles, §219.61 and §219.63 without changes to the proposed text as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4810). The rules will not be republished.
The adopted amendments implement legislation; modify language to be consistent with statutes and other sections in Chapter 219 of Title 43; delete language that is already contained in statute; delete language for which the department does not have rulemaking authority; clarify the language; modify language to be consistent with current practice; amend certain application requirements to provide the department with additional information that will help it administer and enforce Subtitle E of Title 7 of the Transportation Code and that the department will provide to law enforcement officers who use the information to enforce the laws regarding size and weight under Subtitle E of Title 7 of the Transportation Code; and update application requirements to allow applicants that are required to file a surety bond under Transportation Code, §623.075 to file an electronic copy, rather than a paper copy.
REASONED JUSTIFICATION.
The amendment to §219.11(c)(1) creates an exception for a permit application under §219.14(b), which prescribes the permit application requirements that are unique to a manufactured house as defined by Transportation Code, §623.091. A permit applicant for a permit regarding a manufactured house under §219.14 must provide additional specific information to the department, as explained below regarding the amendments to §219.14(b). The amendment to §219.11(c)(1) clarifies that the more specific requirements in §219.14(b) control over the more general requirements in §219.11(c)(1).
The amendments to §219.11(c)(1)(A) and (B) modify the application requirements to provide the department with the information it needs to process an application and to contact the correct person if there are updates to the permit restrictions. The amendments require the applicant to provide the department with the name, telephone number, and email address of the contact person, and delete the requirement for the applicant to provide the department with the applicant's telephone number and email address. The applicant could be a large corporation with different contact people for different permits. Having the contact person's email address and telephone number enables the department to communicate more efficiently with the applicant and any permit holder. The amendments also move the requirement for the applicant to provide its customer identification number from subparagraph (B) to subparagraph (A).
An amendment to §219.11(c)(1)(C) removes the requirement for a permit applicant under Subchapter B of Chapter 219 to provide their motor carrier registration (MCR) number to the department. An MCR number is issued to a motor carrier in a certificate of registration under Transportation Code, Chapter 643. The department no longer needs the MCR number in an application for a permit under Subchapter B of Chapter 219 because the department's Texas Permitting and Routing Optimization System (TxPROS or permitting system) can search the federal motor carrier system by using the applicant's United States Department of Transportation (USDOT) Number to determine if the applicant has an MCR number under Transportation Code, Chapter 643 if necessary. Transportation Code, §623.075 and §623.094 state when it may be necessary for the department to know if a permit applicant under Subchapter B of Chapter 219 has an MCR number.
An amendment to §219.11(c)(1)(C) clarifies whether the permit applicant must provide their USDOT Number. The amendment replaces the words "if applicable" with the more precise explanation "if applicant is required by law to have a USDOT Number" because federal law and Texas law prescribe when a motor carrier must have a USDOT Number. For example, 49 U.S.C. §31134 requires an employer or person to be registered by the Secretary of Transportation and obtain a USDOT Number in order to operate a commercial motor vehicle in interstate transportation. Transportation Code, §643.064 requires a motor carrier to have and maintain a USDOT Number if they are required to register with the department under Subchapter B of Chapter 643 of the Transportation Code to engage in intrastate transportation in Texas.
A motor carrier's USDOT number is used as its identification number in state and federal agencies' databases and tracking systems that contain information the department needs to evaluate an applicant for a permit. To leverage this ease of reference and consistent identification that a USDOT number provides, amendments to the following sections conform with the requirement in §219.11(c)(1)(C) for a permit applicant to provide their USDOT Number if the applicant is required by law to have a USDOT Number: §§219.14(b), re-lettered 219.30(c)(2), 219.31(b)(2), 219.32(c)(2), 219.33(b)(2), 219.34(b)(2), 219.35(b)(2), 219.36(b)(2), 219.41(b), and 219.61(b). As previously explained, the department's permitting system can search the federal motor carrier system by using the motor carrier's USDOT Number to determine if the applicant has a certificate of registration under Chapter 643, which allows the department to determine, for example, whether certain applicants for permits for oil well-related vehicles are eligible for a permit because an applicant is not eligible if the applicant has a certificate of registration under Chapter 643. As another example, the department needs the permit applicant's USDOT Number to query the federal motor carrier system to determine the following: 1) whether the Federal Motor Carrier Safety Administration (FMCSA) placed the applicant out of service, which prohibits the applicant from engaging in interstate transportation on a public roadway; or 2) whether the Texas Department of Public Safety (DPS) issued the applicant an order to cease, which prohibits the applicant from engaging in intrastate transportation on a public roadway. Transportation Code, §623.004, which was enacted by House Bill 2620, 86th Legislature, Regular Session (2019), authorizes the department to deny a permit application under Subtitle E of Title 7 of the Transportation Code if the applicant is subject to an out-of-service order issued by FMCSA, if DPS determined the applicant has an unsatisfactory safety rating under 49 C.F.R. Part 385, or if DPS determined the applicant has multiple violations of Transportation Code, Chapter 644, a rule adopted under Chapter 644, or Subtitle C of Title 7 of the Transportation Code. Making the USDOT number a consistent application requirement for permits is necessary for the department to get the information it needs to vet the permit applications under Transportation Code, §623.004.
Amendments to §219.11(l)(1) delete language regarding hazardous conditions during which movement of a permitted vehicle is prohibited and renumber the remaining paragraphs. This amendment is necessary because DPS and FMCSA, rather than the department, have the statutory authority to determine when road conditions are hazardous for vehicle movement. Transportation Code, §644.051 gives DPS the authority to adopt rules regulating the safe operation of commercial motor vehicles, including the authority to adopt by reference all or part of the federal safety regulations. DPS adopted 49 C.F.R. §392.14 by reference in 37 TAC §4.11(a). Section 392.14 regulates the operation of a commercial motor vehicle regarding hazardous conditions. Together, 49 C.F.R. §392.14 and 37 TAC §4.11(a) regulate the operation of a commercial motor vehicle regarding hazardous conditions for both interstate and intrastate transportation. Also, even if a permittee is not operating a commercial motor vehicle, the Rules of the Road (Subtitle C of Title 7 of the Transportation Code) include provisions that govern the safe operation of a vehicle, such as Transportation Code, §545.401, which says a person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property. To align with the amendments to §219.11(l), the following provisions were also amended to delete the language regarding hazardous conditions during which movement of a permitted vehicle is prohibited and to renumber or re-letter the remaining subdivisions within these sections as necessary: §§219.13(e)(6), 219.32(h), 219.33(c), 219.34(e), 219.35(g), 219.36(g), 219.41(d), and 219.61(d).
Additionally, other sections cross-reference §219.11(l). While these sections were not amended, the meaning of the provisions that cite to §219.11(l) were impacted by the amendments to §219.11(l). The deletion of the language regarding hazardous conditions in §219.11(l) had the effect of removing hazardous conditions from §§219.13(a), 219.13(e)(1)(C), 219.16(e), and 219.31(h).
An amendment to §219.11(n) authorizes applicants for permits to file an electronic copy of a surety bond that a permit applicant must file with the department under Transportation Code, §623.075(c). Transportation Code, §623.074(d) authorizes the department to adopt a rule to authorize an applicant to submit an application electronically. Prior to this amendment, permit applicants were required to file an original surety bond (the paper version with the original signature) with the department under §219.11(n)(1)(A)(iv) and (2)(B). New §219.11(n)(4) allows permit applicants to file their bonds electronically, providing a convenience for permit applicants that want to file their bonds electronically, potentially reducing costs for the department, and potentially streamlining the department's process. An electronic copy of a surety bond is legally enforceable under Texas Business and Commerce Code, §322.007. Moreover, the department currently maintains its records in electronic format, scanning a copy of the original surety bond and destroying the original as authorized by the Texas Department of Transportation (TxDOT). The amendment removes the scanning step from the department's process to the extent the applicant chooses to file an electronic copy of its surety bond with the department, rather than filing the original surety bond.
Amendments to §219.11(n) delete language that was inconsistent with the amendment to allow a permit applicant to file an electronic copy of the surety bond. The department deleted the following: the requirement for the bond to have an original signature under §219.11(n)(1)(A)(iv), the authority for an applicant to file a facsimile or electronic copy of the surety bond as long as the original surety bond is received by the department within 10 days under §219.11(n)(2)(B), and the restriction on the department issuing the applicant a permit until the original surety bond has been received by the department under §219.11(n)(2)(B). None of these requirements were necessary because new §219.11(n)(4) allows electronic filing of surety bonds.
Other amendments to §219.11(n) removed language in §219.11(n)(1)(C) regarding TxDOT's process for making a claim on a surety bond. TxDOT's process for making a claim against a surety bond should not be included in the department's rules because the department does not have statutory authority to set processes for TxDOT through rule. Section 219.11(n)(1)(C) was a relic from a time when TxDOT was responsible for implementing and administering Subtitle E of Title 7 of the Transportation Code and was no longer necessary or appropriate in the department's rule. This amendment also removes the reference to a bond under Transportation Code, §623.163 because the §623.163 bond is addressed in §219.3.
New §219.11(n)(1) through (3) set out the procedures for filing surety bonds with the department for clarity and ease of reference. New paragraphs (1) through (3) consist of rearranged and edited language found in the following subdivisions that existed under §219.11(n) prior to the adoption of these amendments: §§219.11(n)(1)(A)(ii) (minus the unnecessary language that provides an example), 219.11(n)(1)(A)(iii), 219.11(n)(1)(A)(iv), 219.11(n)(1)(A)(v), 219.11(n)(1)(A)(vi), 219.11(n)(1)(B), and 219.11(n)(2)(A).
Other amendments to §219.11(n) remove all or part of the language in the following subdivisions that existed under §219.11(n) prior to the adoption of these amendments because the language was redundant and duplicative of Transportation Code, §623.075, and therefore unnecessary in rule: §§219.11(n)(1)(A)(i), 219.11(n)(1)(D), and 219.11(n)(2)(E) and (F). The deletion of §219.11(n)(2)(F) also removed the reference to Chapter 645 of the Transportation Code because Senate Bill 1814, 87th Legislature, Regular Session (2021) removed the reference to Chapter 645 from Transportation Code, §623.075. Amendments deleted §219.11(n)(2)(C) and (D) because they were unnecessary interpretations of the exemption in Transportation Code, §623.075(b)(1).
Amendments to §219.14(b) update the permit application requirements to be consistent with the format and application requirements in §219.11(c), while omitting unnecessary requirements and customizing the requirements to comply with Subchapter E of Chapter 623 of the Transportation Code. Amended §219.14(b)(1) clarifies that the permit applicant must submit the application to the department.
Amendments to §219.14(b)(2) modify the application requirements to provide the department with the information it needs to process an application and to contact the correct person if there are updates to the permit restrictions. The amendments require the applicant to provide the department with the name, customer identification number, and address of the applicant. The department needs the name of the applicant, so the department has the name of the person to whom the department issues a permit. The applicant's name and address will help law enforcement to enforce Transportation Code, §621.511, which makes it an offense if a person operates or moves a vehicle on a public highway under a permit when the person is not the person named on the permit or an employee of the person named on the permit. Also, the department cannot issue a permit unless the applicant provides their customer identification number, which the applicant can obtain from the department at no cost.
The amendments also require the applicant to provide the department with the name, telephone number, and email address of the contact person. Having the contact person's email address and telephone number enables the department to communicate more efficiently with the applicant and any permit holder. The applicant could be a large corporation with different contact people for different permits.
The amended §219.14(b)(2) also includes rearranged and edited language found in §219.14(b)(1) prior to the adoption of these amendments and incorporates the specific requirements which are unique to manufactured houses as defined by Transportation Code, §623.091. The permit applicant must provide a description of the manufactured home and the dimensions of the manufactured home to the department, so the department can include certain information on the permit as required by Transportation Code, §623.093. Amended §219.14(b)(2) also states that the permit applicant must provide any other information required by law, including the information listed in Transportation Code, §623.093(a).
An amendment to §219.14(b) deletes the following language which is included in Transportation Code, §623.093 because it is not necessary to repeat statutory language in a rule: "If the manufactured home is being moved to or from a site in this state where it has been, or will be, occupied as a dwelling, the permit must also show the name of the owner of the home, the location from which the home is being moved, and the location to which the home is being delivered." An amendment to §219.14(b) deleted the language §219.14(b)(2) that existed prior to the adoption of these amendments because the language was an unnecessary cross-reference that did not add clarity.
Amendments to §219.30 removed language that was duplicative with statute because it is not necessary to repeat statutory language in a rule. An amendment to §219.30(c) deleted language that is in Transportation Code, §623.011(b)(1). An amendment to re-lettered §219.30(d) deleted language that is in Transportation Code, §623.012 and the reference to the state highway system, which was removed by Senate Bill 1814, 87th Legislature, Regular Session (2021). Amendments to §219.30 re-lettered the remaining subsections, as well as an internal cross-reference to re-lettered subsection (e), due to the deletion of subsections (c) and (d).
An amendment to re-lettered §219.30(c)(1) updated the language to be consistent with the language in other sections of Chapter 219 regarding permit applications by stating the person must submit an application to qualify for the permit. An amendment to re-lettered §219.30(c)(2)(A) requires the applicant to provide its customer identification number because the department cannot issue a permit without the customer's identification number. The applicant can obtain a customer identification number from the department at no cost. An amendment to §219.30(c)(2)(B) rearranged the language for clarity. An amendment to re-lettered §219.30(c)(2)(B) also requires the applicant to provide an email address for its contact person to enable the department to communicate more efficiently with the applicant's contact person. Having an email address for the permittee's contact person enables the department to disseminate information more quickly and easily. For example, if the department wants to amend the permit because of a new restriction provided by TxDOT, the department will be able to send an email to the permit holders regarding the new restriction, so they can receive the update as soon as possible and print an updated permit. As another example, when a safety issue arises like a new height restriction on a specific roadway that includes a bridge, the permit holders need to know about the new height restriction as soon as possible. The department will be able to send an email to the permit holders regarding the new height restriction, which will reach the permittees more quickly than phone calls, which can be a slow process, especially if the department must call a large number of permit holders. Also, the department's permitting staff currently contact applicants and permit holders by both email and telephone, depending on the issue. For these reasons, similar amendments were made to the following sections to require applicants to provide email addresses: §§219.14(b), 219.31(b), 219.32(c), 219.33(b), 219.34(b), 219.35(b), and 219.36(b).
An amendment to re-lettered §219.30(c)(2)(C) requires the applicant to provide vehicle registration information because Transportation Code, §623.011(b)(1) says the vehicle must be registered under Transportation Code, Chapter 502 for the maximum gross weight applicable to the vehicle under Transportation Code, §621.101, not to exceed 80,000 pounds. Other amendments to re-lettered §219.30(c)(2)(C) require the permit applicant to provide the truck year and vehicle identification number. The department needs the vehicle information for investigations regarding possible administrative enforcement actions and to provide to law enforcement officers who use the information to enforce the laws regarding size and weight under Subtitle E of Title 7 of the Transportation Code. For example, law enforcement officers use vehicle information to verify whether a permit is being used for more than one vehicle in violation of the law.
Amendments to re-lettered §219.30(h)(4) substitute the word "permittee" for the word "applicant" and add the replacement of the letter of credit or bond to be consistent with Transportation Code, §623.012(c) and (d). An amendment to re-lettered §219.30(h) replaces the reference to deleted §219.30(d) with a reference to Transportation Code, §623.012, which contains the relevant language. Amendments to §219.30 delete subsections (k) and (l) because the applicable statutes do not provide the authority to void the permit for the reason stated in subsection (k).
An amendment to §219.31(b)(2)(A) requires the applicant to provide its customer identification number because the department cannot issue a permit without the customer's identification number. The applicant can obtain a customer identification number from the department at no cost. An amendment to §219.31(b)(2)(A) also deletes the requirement for the applicant to provide its telephone number and email address because §219.31(b)(2)(B) already requires the applicant to provide the department with the contact information for the applicant's contact person. An amendment to §219.31(b)(2)(B) also rearranges the language for clarity.
An amendment to §219.32(c)(2)(A) requires the applicant to provide its customer identification number because the department cannot issue a permit without the customer's identification number. The applicant can obtain a customer identification number from the department at no cost. An amendment to §219.32(c)(2)(B) also rearranges the language for clarity. For these reasons, similar amendments were made to the following sections: §§219.33(b), 219.34(b), 219.35(b), and 219.36(b).
An amendment to re-lettered §219.32(h) clarifies that the city's curfew movement restrictions do not apply unless the department publishes the curfew movement restrictions. The department only publishes the curfew movement restrictions if TxDOT approves the restrictions. Currently, the department publishes the curfew movement restrictions on the department's website.
Amendments to §219.33(a), (c), and (d) delete reference to an emergency declared by the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (42 U.S.C. §5121, et seq.) (Stafford Act) because Transportation Code, §623.341(a) and 23 U.S.C. §127(i) only authorize the federal disaster relief permit if the president of the United States issues a major disaster declaration. The federal disaster relief permit authorizes an overweight vehicle that will be used to deliver relief supplies to exceed legal weight up to the axle weights and gross weight listed in §219.33(c), even if the vehicle is transporting a divisible load. Subject to the restrictions and conditions in §219.33, the permitted vehicle is authorized to exceed legal weight on state highways, including the National System of Interstate and Defense Highways.
Although 23 U.S.C. §127(i) uses the term "emergency," §127(i)(1)(A) says a state may issue these special permits if the president has declared the emergency to be a "major disaster" under the Stafford Act. An emergency declaration is different than a major disaster declaration under the Stafford Act. Section 5170 of the Stafford Act provides the procedures for the president to declare a major disaster, which is defined in §5122 of the Stafford Act. Section 5191 of the Stafford Act provides the procedure for the president to declare an emergency, which is defined in §5122.
The Federal Highway Administration (FHWA) is a government agency within the United States Department of Transportation that supports state and local governments in the design, construction, and maintenance of the U.S. highway system. FHWA's website explains that through financial and technical assistance to state and local governments, FHWA is responsible for ensuring that America's roads and highways continue to be among the safest and most technologically sound in the world.
FHWA issued a memo on June 5, 2013, regarding the Public Law which enacted 23 U.S.C. §127(i) in which FHWA stated as follows: "Section 1511 of MAP-21 extends the States' authority to issue Special Permits to vehicles with divisible loads that are delivering relief supplies during a Presidentially-declared emergency or major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ("Stafford Act") (42 U.S.C. 5121 et seq.)." The memo, titled "MAP-21, Section 1511 - Special Permits During Periods of National Emergency Implementation Guidance, Revised," was available on FHWA's website as of October 31, 2023. FHWA's June 5, 2013, memo is from FHWA's Associate Administrator for Operations to the Division Administrators, Directors of Field Services, and Director of Technical Services. Although the department previously relied on FHWA's June 5, 2013, memo when enacting §219.33, the department amended §219.33(a), (c), and (d) to delete the reference to an emergency because Transportation Code, Section §623.341(a) and 23 U.S.C. §127(i) only authorize this special permit if the president issues a major disaster declaration for the reasons previously stated.
Amendments to §219.33(c)(3) and re-numbered (c)(4) were necessary to clarify that the city's curfew movement restrictions do not apply unless the department publishes the curfew movement restrictions. The department only publishes the curfew movement restrictions if TxDOT approves the restrictions. Currently, the department publishes the curfew movement restrictions on its website.
An amendment to re-numbered §219.33(c)(7) specifies that a permit will expire 120 days after the date of a disaster because the department's permitting system does not calculate the expiration date for each federal disaster relief permit. Under Transportation Code, §623.341(b) and 23 U.S.C. §127(i), the permit expires not later than the 120th day after the date the president declares a major disaster. The department's permitting system issues permits for 120 days after the major disaster declaration and does not print the expiration date on the permits. The amendment to re-numbered §219.33(c)(7) deleted language that said the expiration date is listed in the permit and replaced that language with language that says the permit will expire 120 days after the date of the major disaster declaration. The amended language is consistent with Transportation Code, §623.341(b) and 23 U.S.C. §127(i).
Amendments to §219.33(d) were necessary because in practice, only the notice of the president's major disaster declaration is available on the White House website and the Federal Emergency Management Agency's website. The official declaration that is signed by the president does not appear to be readily available to the public, so the department should only require a person to carry a copy of the notice of declaration in the permitted vehicle, along with the permit. If the permittee is stopped by law enforcement, the documentation will help the peace officer determine whether the permit was issued under a major disaster declaration issued by the president and whether the permit is valid under §219.33 and Transportation Code, §623.341.
Amendments to §219.41(b) modified the application requirements to provide the department with the information it needs to process an application under Subchapter D of Chapter 219 and to contact the correct person if there are updates to the permit restrictions. An amendment to §219.41(b)(1) requires the applicant to provide its customer identification number because the department cannot issue a permit without the customer's identification number. The applicant can obtain a customer identification number from the department at no cost. An amendment to §219.41(b)(1) also deleted the requirement for the applicant to provide its telephone number and email address because an amendment to §219.41(b)(2) requires the applicant to provide the department with the name, telephone number, and email address for the applicant's contact person. The applicant could be a large corporation with different contact people for different permits. Having an email address for the permittee's contact person enables the department to disseminate information more quickly and easily, including information that could impact the safety of the traveling public, such as a new permit restriction provided by TxDOT. Transportation Code, §623.145 requires the board of the Texas Department of Motor Vehicles (board) and the Texas Transportation Commission to consider the safety and convenience of the general traveling public when adopting rules regarding the issuance of permits for oil well servicing and drilling machinery under Subchapter G of Chapter 623 of the Transportation Code. An amendment to §219.41(b)(2) and (3) removed the year and make of the unit from paragraph (2) and combined this language with the language in paragraph (3) regarding the identification number of the unit. For these reasons, similar amendments were made to §219.61(b) regarding an application for a crane, which provisions apply to permit applications under Subchapter E of Chapter 219. Transportation Code, §623.195 requires the board and the Texas Transportation Commission to consider the safety and convenience of the general traveling public when adopting rules regarding the issuance of permits for cranes (a/k/a unladen lift equipment motor vehicles) under Subchapter J of Chapter 623 of the Transportation Code.
An amendment to §219.41 deletes subsection (e) regarding void permits because it overstates the language in Transportation Code, §623.146 regarding the ramifications of an owner's or an owner's representative's violation of a rule of the board or a violation of a condition placed on the permit. An amendment to §219.41 deleted subsection (g) regarding records retention because §219.102(b) already includes language that requires the permit to be kept in the permitted vehicle until the permit terminates or expires. Amendments to §219.41 re-lettered the remaining subsections due to the deletion of subsections (e) and (g).
Amendments to §219.43(f) and §219.63(a)(7) eliminated the implication that a hubometer serial number is required to be listed on the permit and conformed the language to current practice. An amendment to §219.43(f) and §219.63(a)(7) clarified that an amendment can be made to the hubometer serial number on the permit if a hubometer serial number is listed on the 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, 219.43, 219.61, and 219.63. 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 October 26, 2023, and entered a Minute Order to document compliance with Transportation Code, §623.145 and §623.195.
SUMMARY OF COMMENTS.
No comments on the proposed amendments were received.
SUBCHAPTER B. GENERAL PERMITS
43 TAC §§219.11, 219.13, 219.14
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, §623.004, which authorizes the department to deny a permit application if the applicant is subject to an out-of-service order issued by FMCSA or an order to cease issued by DPS; 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(d), which authorizes the department to adopt a rule to authorize an applicant to submit an application electronically; 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, §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.
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 December 15, 2023.
TRD-202304802
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: January 4, 2024
Proposal publication date: September 1, 2023
For further information, please call: (512) 465-5665
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; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; Transportation Code, §623.004, which authorizes the department to deny a permit application if the applicant is subject to an out-of-service order issued by FMCSA or an order to cease issued by DPS; Transportation Code, §623.342, which authorizes the board to adopt rules that are necessary to implement Subchapter R of Chapter 623 of the Transportation Code regarding federal disaster relief permits; Transportation Code, §623.411, which authorizes the department to adopt rules that are necessary to implement Subchapter U of Chapter 623 of the Transportation Code regarding the permit for intermodal shipping containers; Transportation Code, §623.427, which authorizes the department to adopt rules that are necessary to implement Subchapter V of Chapter 623 regarding the permit for fluid milk; Transportation Code, §1002.001, 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.
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 December 15, 2023.
TRD-202304803
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: January 4, 2024
Proposal publication date: September 1, 2023
For further information, please call: (512) 465-5665
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; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; Transportation Code, §623.004, which authorizes the department to deny a permit application if the applicant is subject to an out-of-service order issued by FMCSA or an order to cease issued by DPS; Transportation Code, §623.145, which authorizes the board, in consultation with the Texas Transportation Commission, by rule to provide for the issuance of permits under Subchapter G of Chapter 623 of the Transportation Code regarding oil well servicing and drilling machinery; Transportation Code, §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.
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 December 15, 2023.
TRD-202304804
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: January 4, 2024
Proposal publication date: September 1, 2023
For further information, please call: (512) 465-5665
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; Transportation Code, §623.002, which authorizes the board to adopt rules as necessary to implement Transportation Code, Chapter 623; Transportation Code, §623.004, which authorizes the department to deny a permit application if the applicant is subject to an out-of-service order issued by FMCSA or an order to cease issued by DPS; Transportation Code, §623.195, which authorizes the board, in consultation with the Texas Transportation Commission, by rule to provide for the issuance of permits under Subchapter J of Chapter 623 of the Transportation Code regarding cranes; Transportation Code, §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.
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 December 15, 2023.
TRD-202304805
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Effective date: January 4, 2024
Proposal publication date: September 1, 2023
For further information, please call: (512) 465-5665