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  H.B. No. 2612
 
 
 
 
AN ACT
  relating to prohibitions and restrictions on using county roads in
  certain circumstances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 251.157, Transportation
  Code, is amended to read as follows:
         Sec. 251.157.  PROHIBITING OR RESTRICTING USE OF ROAD.
         SECTION 2.  Sections 251.157(b), (c), (e), and (f),
  Transportation Code, are amended to read as follows:
         (b)  A road supervisor may prohibit or restrict, if an
  alternative, more suitable road is available within the county at
  the time, the use of a road or a section of a road under the
  supervisor's control by any vehicle that will unduly damage the
  road when:
               (1)  because of wet weather or recent construction or
  repairs, the road cannot be safely used without probable serious
  damage to it; or
               (2)  a bridge or culvert on the road is unsafe.
         (c)  Before prohibiting or restricting the use of a road
  under this section, the road supervisor shall post notices that
  state the road and the expected duration of the prohibition or
  restriction, and identify the alternate route [maximum load
  permitted and the time the use of the road is prohibited]. The
  notices must be posted at locations that enable drivers to detour to
  avoid the restricted road.
         (e)  If the owner or operator of a vehicle that is prohibited
  or restricted from using a road under this section is aggrieved by
  the prohibition or restriction, the person may file with the county
  judge of the county in which the restricted road is located a
  written complaint that sets forth the nature of the grievance. On
  the filing of the complaint the county judge promptly shall set the
  issue for a hearing to be held not later than the third day after the
  date on which the complaint is filed. The county judge shall give
  [to] the road supervisor, the county engineer, and the
  commissioners court written notice of the date and purpose of each
  hearing.
         (f)  The county judge shall hear testimony offered by the
  parties. On conclusion of the hearing, the county judge shall
  sustain, revoke, or modify the road supervisor's decision on the
  prohibition or restriction. The county judge's judgment is final
  as to the issues raised.
         SECTION 3.  Subchapter E, Chapter 251, Transportation Code,
  is amended by adding Section 251.1575 to read as follows:
         Sec. 251.1575.  PROHIBITING USE OF ROAD FOR CERTAIN
  VEHICLES. (a)  A commissioners court may identify an alternate
  route to a road and require heavy vehicles having a gross weight of
  more than 60,000 pounds to travel the alternate route in order to
  prevent excessive damage to the road due to the volume of traffic by
  such heavy vehicles.  An alternate route identified under this
  subsection must be:
 
               (1)  of sufficient strength and design to withstand the
  weight of the vehicles traveling the alternate route, including any
  bridges or culverts along the road; and
               (2)  located within the same county as the road
  described by this subsection.
         (b)  Notice of the prohibition must be provided in the same
  manner as for a prohibition or restriction under Section 251.157.
         (c)  A person who is required to operate or move a vehicle or
  other object on an alternate route identified under this section is
  not liable for damage sustained by the road, including a bridge, as
  a result of the operation or movement of the vehicle or other
  object, unless the act, error, or omission resulting in the damage
  constitutes:
               (1)  wanton, wilful, and intentional misconduct; or
               (2)  gross negligence.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2612 was passed by the House on May 8,
  2013, by the following vote:  Yeas 144, Nays 3, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2612 on May 24, 2013, by the following vote:  Yeas 143, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2612 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor