dyed diesel allowed on roads during disasters

The text as introduced · 1,108 words

By: Guillen
H.B. No. 4734

A BILL TO BE ENTITLED

AN ACT

relating to the operation of certain vehicles preceding, during,

and following disasters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 162.235, Tax Code, is amended by adding

Subsection (c) to read as follows:

(c) Notwithstanding Subsection (a), a person who purchases

dyed motor fuel and furnishes to the licensed supplier or

distributor under Section 162.206(a) a signed statement that

includes an end user number issued by the comptroller may operate a

motor vehicle on a public highway in this state with that dyed motor

fuel in the fuel supply tank of the motor vehicle during a period

beginning on the date a state of disaster is declared under Section

418.014, Government Code, due to a fire, flood, earthquake,

tornado, hurricane, storm, or energy emergency and ending on the

30th day after the declaration expires or otherwise terminates, if

the motor vehicle is operated:

(1) in the area designated a disaster area by the

disaster declaration; or

(2) in an area other than the area described by

Subdivision (1) if the dyed motor fuel was placed in the fuel supply

tank of the motor vehicle in the area described by that subdivision.

SECTION 2. Section 621.102(d), Transportation Code, is

amended to read as follows:

(d) A vehicle operating under a permit issued under Section

623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,

623.212, [ or ] 623.321, or 623.451 [ as added by Chapter 1135 (H.B.

2741), Acts of the 83rd Legislature, Regular Session, 2013, ] may

operate under the conditions authorized by the permit over a road

for which the executive director of the Texas Department of

Transportation has set a maximum weight under this section.

SECTION 3. Section 621.301(e), Transportation Code, is

amended to read as follows:

(e) A vehicle operating under a permit issued under Section

623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,

623.212, [ or ] 623.321, or 623.451 [ as added by Chapter 1135 (H.B.

2741), Acts of the 83rd Legislature, Regular Session, 2013, ] may

operate under the conditions authorized by the permit over a road

for which the commissioners court has set a maximum weight under

this section.

SECTION 4. Chapter 623, Transportation Code, is amended by

adding Subchapter W to read as follows:

SUBCHAPTER W. PERMIT FOR VEHICLES TRANSPORTING AGRICULTURAL

COMMODITIES DURING OR PRECEDING DISASTER

Sec. 623.451. PERMIT TO DELIVER AGRICULTURAL COMMODITIES.

(a) In this section:

(1) "Agricultural commodity" means an agricultural,

horticultural, viticultural, silvicultural, or vegetable product,

bees or honey, planting seed, cottonseed, rice, livestock or a

livestock product, or poultry or a poultry product that is produced

in this state, either in its natural form or as processed by the

producer, including woodchips.

(2) "Division" means the Texas Division of Emergency

Management.

(b) Notwithstanding any other law, the department may issue

a special permit to an oversize or overweight vehicle or load that:

(1) can easily be dismantled or divided; and

(2) will be used only to deliver agricultural

commodities.

(c) The department may issue a permit under this section

only:

(1) during an emergency or major disaster as declared

by the president of the United States under the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. Section

5121 et seq.) or following a declaration of a state of disaster

under Section 418.014, Government Code; or

(2) preceding an event that may result in a

declaration of a state of disaster under Section 418.014,

Government Code, if issuance of the permit for the event is

authorized by the division.

(d) A person may file an application to the division in the

manner prescribed by the division requesting that the division

authorize the issuance of a permit preceding an event described by

Subsection (c)(2). If the division authorizes the issuance of the

permit, the division shall notify the department of that decision

in the manner prescribed by the department and include in the notice

the counties in which a vehicle issued the permit may be operated.

(e) Subject to Subsection (f), a permit under this section

that is issued under:

(1) Subsection (c)(1) expires not later than the 10th

day after the expiration of the disaster or emergency declaration;

or

(2) Subsection (c)(2) expires not later than the 10th

day after the date the department receives notice from the division

under Subsection (d) authorizing the issuance of the permit.

(f) A permit under this section that is issued under

Subsection (c)(2) shall convert into a permit under Subsection

(c)(1) upon an emergency or major disaster as declared by the

president of the United States under the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. Section

5121 et seq.) or following a declaration of a state of disaster

under Section 418.014, Government Code.

Sec. 623.452. RULES. The board may adopt rules necessary to

implement this subchapter, including rules that establish the

requirements for obtaining a permit.

Sec. 623.453. PERMIT CONDITIONS. The department may impose

conditions on a permit holder to ensure the safe operation of a

permitted vehicle and minimize damage to roadways, including

requirements related to vehicle routing, hours of operation, weight

limits, and lighting and requirements for escort vehicles.

Sec. 623.454. INTERSTATE AND DEFENSE HIGHWAYS AND FEDERAL

AID PRIMARY HIGHWAY SYSTEM. (a) This subchapter does not authorize

the operation on the national system of interstate and defense

highways or the federal aid primary highway system in this state of

a vehicle with a size or weight greater than those permitted under

23 U.S.C. Section 127 or 49 U.S.C. Sections 31111 through 31114.

(b) If the United States authorizes the operation on the

national system of interstate and defense highways or the federal

aid primary highway system of a vehicle with a size or weight

greater than those permitted under 23 U.S.C. Section 127 or 49

U.S.C. Sections 31111 through 31114 on September 1, 2025, the new

limit automatically takes effect on the national system of

interstate and defense highways or the federal aid primary highway

system in this state.

SECTION 5. The change in law made by this Act to Section

162.235, Tax Code, applies only to conduct that occurs on or after

the effective date of this Act. Conduct that occurred before the

effective date of this Act is governed by the law in effect on the

date the conduct occurred, and the former law is continued in effect

for that purpose. For purposes of this section, conduct occurred

before the effective date of this Act if any element of the conduct

occurred before that date.

SECTION 6. This Act takes effect September 1, 2025.