Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. EXAMINING BOARD Part XXVII. Board of Tax Professional Examiners Chapter 624. Education 22 TAC sec.sec.624.1-624.11 The Board of Tax Professional Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.624.1-624.11, for a 60-day period effective April 9, 1992. The text of new sec. s624.1-624.11 was originally published in the December 20, 1991, issue of the Texas Register (16 TexReg 7436). Issued in Austin, Texas on March 26, 1992. TRD-9204243 Sam H. Smith Executive Director Board of Tax Professional Examiners Effective date: April 9, 1992 Expiration date: June 8, 1992 For further information, please call: (512) 329-7981 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 25. Division of Maintenance and Operations Oversize and/or Overweight Permits 43 TAC sec.25.62 The Texas Department of Transportation adopts on an emergency basis an amendment to sec.25.62, concerning permit issuance requirements and procedures. The section prescribes the procedure for securing a permit pursuant to Texas Civil Statutes, Article 6701a to operate overweight or oversize vehicles on the state highway system. Statutory limits on the width, length, height, and weight of such vehicles are established in Texas Civil Statutes, Article 6701d-11. Texas Civil Statutes, Article 6701a authorize the department to issue special permits when those statutory limits are exceeded, but only on condition that the commodities to be transported cannot be reasonably dismantled and that the department determines that operation will be without material damage to the highway. The statute contains other provisions for permit application, fees, form, content, special conditions, and penalties. In administering the statutory permit authority, the department has heretofore limited its determination of whether commodities can be reasonably dismantled to the relative physical ease or difficulty in doing so. Section 25. 62 currently proscribes issuance of an oversize permit to transport more than one commodity in a single load if the additional commodity or commodities either create or make greater an illegal dimension of width, length, or height. The Texas Department of Commerce, the Railroad Commission of Texas, the Office of the Governor, and representatives of private industry have brought to the department's attention the urgent necessity and the appropriateness of giving consideration to economic factors in determining whether a proposed load of commodities can be reasonably dismantled. The department is advised that application of the current rule to oversize loads may in certain instances harm or impede the economic recovery, development, and welfare of Texas, and that consideration should be given to the economic impacts on employment and any affected local economy when in determining whether multiple commodities hauled as a single oversize load should be permitted. In consultation with the Texas Department of Commerce and the Office of the Governor, it has been determined that such consideration would be justified when those two agencies respectively certify and approve that issuance of an oversize permit to transport multiple commodities in a single load will have a significant positive impact on the economy of Texas. As recommended by the Texas Department of Commerce, criteria for the certification are: creation of not less than 100 new full time jobs, the preservation of not less than 100 existing full time jobs, that would otherwise be eliminated if the permit is not issued, or creates or retains not less than 1.0% of the employment base in the affected economic sector identified in the certification. These permits may only be issued by the department after receipt of the certification and on approval by written order of the commission. In addition, the multiple commodity loads thus permitted must not exceed legal axle and gross load limits. Moreover, the shipper and the permittee must indemnify and hold harmless the department, its commissioners, officers, and employees from damages or claims resulting from the use of the permit and must provide comprehensive liability insurance and auto liability coverage in the amounts of $5 million per incident or accident. Section 25.62 is thus being amended to reflect these provisions. Adoption on an emergency basis is necessary in order to avoid impending adverse economic impact on the state's economy during a period when the public policy of state government is to foster, encourage, and enhance the state's economic growth and its continued recovery from depressed economic conditions and high unemployment rates of recent years. The amendment is adopted on an emergency basis under Texas Civil Statutes, Articles 6666 and 6701a, which provide the Texas Transportation Commission with the authority to promulgate rules and regulations for the conduct of the work of the Texas Department of Transportation, and specifically to issue permits for the movement of oversize and/or overweight loads over the state highway system. sec.25.62. Permit Issuance Requirements and Procedures. (a)-(e) (No change.) (f) General provisions. (1) Multiple commodities. (A) Except as provided in subparagraph (B) of this paragraph, when
    [When] a permitted commodity creates a single overdimension, two or more commodities may be hauled as one permit load, provided legal axle and gross loads are not exceeded, and provided no illegal dimension of width, length, or height is 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 the addition of the 10-foot wide tank does not create an illegal axle or gross weight, or an illegal length, or an illegal height. (B) When the transport of more than one commodity in a single load creates or makes greater an illegal dimension of length, width, or height the department may issue an oversize permit for such load subject to each of the following conditions. (i) The permit applicant or the shipper of the commodities files with the department a written certification by the Texas Department of Commerce, approved by the Office of the Governor, attesting that issuing the permit will have a significant positive impact on the economy of Texas and that the proposed load of multiple commodities therefore cannot be reasonably dismantled. As used in this clause the term significant positive impact means the creation of not less than 100 new full time jobs, the preservation of not less than 100 existing full-time jobs, that would otherwise be eliminated if the permit is not issued, or creates or retains not less than 1.0% of the employment base in the affected economic sector identified in the certification. (ii) Transport of the commodities does not exceed legal axle and gross load limits. (iii) The permit is issued in the same manner and under the same provisions as would be applicable to the transport of a single oversize commodity under this section; provided, however, that the shipper and the permitee also must indemnify and hold harmless the department, its commissioners, officers, and employees from any and all liability for damages or claims of damages including court costs and attorney fees, if any, which may arise from the transport of an oversized load under a permit issued pursuant to this subparagraph. (iv) The shipper and the permittee must file with the department a certificate of insurance on a form prescribed by the department, or otherwise acceptable to the department, naming the department, its commissioners, officers, and employees as named insureds jointly and severally in the amount of $5 million per incident for any and all liabilities including court costs and attorney fees, if any, which may arise from the transport of an oversized load under a permit issued pursuant to this subparagraph. Said insurance policy to be procured from a company licensed to transact insurance business in the State of Texas. (v) The shipper and the permittee must file with the department in addition to all insurance provided in clause (iv) of this subparagraph, a certificate of insurance on a form prescribed by the department, or otherwise acceptable to the department, naming the department, its commissioners, officers, and employees as insureds under an auto liability insurance policy for the benefit of said insureds in an amount of $5 million per accident. Said insurance policy to be procured from a company licensed to transact insurance business in the State of Texas. If the shipper or the permittee is self-insured with regard to automobile liability then that party must take all steps and perform all acts necessary under the law to indemnify the department, its commissioners officers, and employees as if the party had contracted for insurance pursuant to, and in the amount set forth in, the preceding sentence and shall agree to so indemnify the department, its commissioners, officers, and employees in a manner acceptable to the department. (vi) Issuance of the permit is approved by written order of the commission which written order may be, among other things, specific as to duration and routes. (vii) The provisions of this subparagraph will expire on June 1, 1993. (2)-(7) (No change.) (g) (No change.) Issued in Austin, Texas, on March 26, 1992. TRD-9204249 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: March 26, 1992 Expiration date: July 24, 1992 For further information, please call: (512) 463-8630