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 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 amendment delays the expiration date of subsection (f)(1)(B)(vii) from June 
1, 1993, to December 31, 1994. Section 25.62 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. 
 The Texas Transportation Commission by Minute Order Number 100714, dated March 
25, 1992, acknowledged advice from the Texas Department of Commerce, the 
Chairman of the Railroad Commission of Texas, the Office of the Governor, and 
other officials that the economic health and welfare of Texas at that time 
required the consideration of certain economic factors when issuing oversize 
permits, and therefore amended sec.25.62 to allow the issuance of an oversize 
permit when the transport of more than one commodity in a single load creates or 
makes greater an illegal dimension of length, width, or height. That amendment 
will expire on June 1, 1993. The commission has now determined that conditions 
underlying the amendment continue to exist and are likely to continue for an 
indefinite future period, thereby requiring the continued effectiveness of the 
rule at least through December 31, 1994. 
 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) (No change.) 
   
  (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)(vi) (No change.) 
   
  (vii) The provisions of this subparagraph will expire on <nl>December 31, 1994 
<ol> [June 1, 1993]. 
       
  (2)-(7) (No change.) 
     
  (g) (No change.) 
 
  Issued in Austin, Texas, on March 31, 1993. 
 TRD-9321022 
  Diane L. Northam 
 Legal Administrative Assistant 
 Texas Department of Transportation 
    Effective date: March 31, 1993 
 Expiration date: July 29, 1993 
 For further information, please call: (512) 463-8630