Tex. Transp. Code Section 623.323
Notification


(a)

For purposes of this section, “financially responsible party” means the owner of the vehicle or combination of vehicles, the party operating the vehicle or combination of vehicles, or a person that hires, leases, rents, or subcontracts the vehicle or combination of vehicles for use on a road maintained by a county or a state highway.

(b)

Before a vehicle or combination of vehicles for which a permit is issued under this subchapter may be operated on a road maintained by a county or a state highway, the financially responsible party shall execute a notification document and agree to reimburse the county or the state, as applicable, for damage to a road or highway sustained as a consequence of the transportation authorized by the permit. At a minimum, the notification document must include:

(1)

the name and address of the financially responsible party;

(2)

a description of each permit issued for the vehicle or combination of vehicles;

(3)

a description of the method of compliance by the financially responsible party with Section 601.051 (Requirement of Financial Responsibility), 623.012 (Security for Permit), 643.101 (Amount Required), or 643.102 (Self-insurance);

(4)

the address or location of the geographic area in which the financially responsible party wishes to operate a vehicle or combination of vehicles and a designation of the specific route of travel anticipated by the financially responsible party, including the name or number of each road maintained by a county or state highway;

(5)

a calendar or schedule of duration that includes the days and hours of operation during which the financially responsible party reasonably anticipates using the county road or state highway identified in Subdivision (4); and

(6)

a list of each vehicle or combination of vehicles by license plate number or other registration information, and a description of the means by which financial responsibility is established for each vehicle or combination of vehicles if each vehicle or combination of vehicles is not covered by a single insurance policy, surety bond, deposit, or other means of financial assurance.

(c)

A financially responsible party shall electronically file the notification document described by Subsection (b) with the department under rules adopted by the department not later than the second business day before the first business day listed by the financially responsible party under Subsection (b)(5). The department shall immediately send an electronic copy of the notification document to each county identified in the notification document and the Texas Department of Transportation and an electronic receipt for the notification document to the financially responsible party. Not later than the first business day listed by the financially responsible party under Subsection (b)(5), a county or the Texas Department of Transportation may inspect a road or highway identified in the notification document. If an inspection is conducted under this subsection, a county or the Texas Department of Transportation shall:

(1)

document the condition of the roads or highways and take photographs of the roads or highways as necessary to establish a baseline for any subsequent assessment of damage sustained by the financially responsible party’s use of the roads or highways; and

(2)

provide a copy of the documentation to the financially responsible party.

(d)

If an inspection has been conducted under Subsection (c), a county or the Texas Department of Transportation, as applicable, shall, not later than the fifth business day after the expiration of the calendar or schedule of duration described by Subsection (b)(5):

(1)

conduct an inspection described by Subsection (c)(1) to determine any damage sustained by the financially responsible party’s use of the roads or highways; and

(2)

provide a copy of the inspection documentation to the financially responsible party.

(e)

The state or a county required to be notified under this section may assert a claim against any security posted under Section 623.012 (Security for Permit) or insurance filed under Section 643.103 (Filing; Evidence of Insurance; Fees) for damage to a road or highway sustained as a consequence of the transportation authorized by the permit.

(f)

This section does not apply to a vehicle or combination of vehicles that are being used to transport unrefined timber, wood chips, or woody biomass or equipment used to load timber on a vehicle from:

(1)

a storage yard to the place of first processing; or

(2)

outside this state to a place of first processing in this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 119, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1129 (H.B. 2620), Sec. 13, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 410 (S.B. 1814), Sec. 10, eff. September 1, 2021.

Source: Section 623.323 — Notification, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­623.­htm#623.­323 (accessed Apr. 20, 2024).

623.001
Definitions
623.002
Rulemaking Authority
623.003
Route Determination
623.004
Denial of Permit
623.005
Disposition of Permit Fee in Texas Department of Motor Vehicles Fund
623.006
Disposition and Use of Permit Fees Due to County or Municipality
623.007
Permit to Be Carried in Vehicle
623.008
Authority to Require Escort Flag Vehicles and Escort Flaggers
623.011
Permit for Excess Axle or Gross Weight
623.012
Security for Permit
623.013
List of Permits Issued
623.014
Transfer of Permit
623.015
Liability for Damage
623.016
Recovery on Permit Security
623.017
Permit for Movement of Cylindrical Hay Bales
623.018
County Permit
623.019
Violations of Subchapter
623.051
Contract Allowing Oversize or Overweight Vehicle to Cross Road
623.052
Contract Allowing Overweight Vehicle with Commodities or Products to Cross Highway
623.070
Nonapplicability of Subchapter
623.071
Permit to Move Certain Equipment
623.072
Designated Route in Municipality
623.074
Application
623.075
Additional Requirements for Issuance of Permit
623.076
Permit Fee
623.077
Highway Maintenance Fee
623.078
Vehicle Supervision Fee
623.079
Registration of Equipment
623.080
Contents of Permit
623.082
Penalties
623.091
Definition
623.092
Permit Requirement
623.093
Contents of Application and Permit
623.094
Permit Issuance
623.095
Permit Types
623.096
Permit Fee
623.097
Duration of Permit
623.098
Caution Lights
623.099
Escort Flag Vehicle
623.100
Times and Days of Movement
623.101
Speed Limit
623.102
Equipment
623.103
Liability Insurance
623.104
Civil and Criminal Penalties
623.105
Penalty for Compensating Certain Unlawful Actions
623.0111
Additional Fee for Operation of Vehicle Under Permit
623.0112
Additional Administrative Fee
623.0113
Route Restrictions
623.121
Permit to Move Portable Building Unit
623.122
Designated Route in Municipality
623.123
Application
623.124
Fee
623.126
Form of Permit
623.127
Duration of Permit
623.128
Time of Movement
623.129
Escort Flag Vehicle
623.130
Compatible Cargo
623.141
Optional Procedure
623.142
Permit to Move Oil Well Servicing or Drilling Machinery
623.143
Designated Route in Municipality
623.144
Registration of Vehicle
623.145
Rules
623.146
Violation of Rule
623.147
Deposit of Fee in State Highway Fund and in Texas Department of Motor Vehicles Fund
623.148
Liability for Damage to Highways
623.149
Determination Whether Vehicle Subject to Registration or Eligible for Distinguishing License Plate
623.150
Nonapplicability of Subchapter
623.0155
Indemnification from Motor Carrier Prohibited
623.161
Definition
623.162
Axle Weight Restrictions
623.163
Surety Bond
623.164
Interstate and Defense Highways
623.165
Penalty
623.166
Defense to Prosecution: Bond in Effect
623.0171
Permit for Ready-mixed Concrete Trucks
623.0172
Permit for Intermodal Shipping Container
623.0181
Permits for Auxiliary Power Units
623.181
Annual Permit
623.182
Permit Fee
623.191
Optional Procedure
623.192
Permit to Move Unladen Lift Equipment Motor Vehicles
623.193
Designated Route in Municipality
623.194
Registration of Vehicle
623.195
Rules
623.196
Violation of Rule
623.197
Deposit of Fee in State Highway Fund and in Texas Department of Motor Vehicles Fund
623.198
Liability for Damage to Highways
623.199
Determination Whether Vehicle Subject to Registration or Eligible for Distinguishing License Plate
623.200
Nonapplicability of Subchapter
623.210
Optional Procedure
623.211
Definition
623.212
Permits by Port Authority
623.214
Permit Fees
623.215
Permit Requirements
623.216
Time of Movement
623.217
Speed Limit
623.218
Enforcement
623.219
Route Designation
623.230
Optional Procedure
623.231
Definition
623.232
Issuance of Permits
623.233
Maintenance Contracts
623.234
Permit Fees
623.235
Permit Requirements
623.236
Time of Movement
623.237
Speed Limit
623.238
Enforcement
623.239
Rules
623.250
Optional Procedure
623.251
Definition
623.252
Issuance of Permits
623.253
Maintenance Contracts
623.254
Permit Fees
623.255
Permit Requirements
623.256
Time of Movement
623.257
Speed Limit
623.258
Enforcement
623.259
Rules
623.271
Administrative Enforcement
623.272
Administrative Penalty for Failure to Provide Certificate or for False Information on Certificate
623.273
Injunctive Relief
623.274
Shipper’s Certificate of Weight
623.280
Optional Procedure
623.281
Definition
623.282
Issuance of Permits
623.283
Permit Fees
623.284
Permit Requirements
623.285
Time of Movement
623.286
Speed Limit
623.287
Enforcement
623.288
Rules
623.301
Optional Procedure
623.302
Definition
623.303
Issuance of Permits
623.304
Maintenance Contracts
623.305
Permit Fees
623.306
Permit Requirements
623.307
Time of Movement
623.308
Speed Limit
623.309
Enforcement
623.310
Rules
623.321
Permit
623.322
Qualification
623.323
Notification
623.324
Disposition of Fee
623.325
Interstate and Defense Highways
623.341
Permit to Deliver Relief Supplies
623.342
Rules
623.343
Permit Conditions
623.361
Optional Procedure
623.362
Definition
623.363
Issuance of Permits
623.364
Permit Fees
623.365
Permit Requirements
623.366
Time of Movement
623.367
Speed Limit
623.368
Enforcement
623.369
Rules
623.370
Bond
623.381
Optional Procedure
623.382
Issuance of Permits
623.383
Surety Bond
623.384
Permit Fees
623.385
Permit Requirements
623.386
Time of Movement
623.387
Speed Limit
623.388
Enforcement
623.389
Pavement Management Plan
623.390
Rules
623.401
Definition
623.402
Issuance of Permit
623.403
County and Municipality Designation
623.404
Permit Fee
623.405
Route Restrictions
623.406
Permit Conditions
623.407
Permit Sticker
623.408
Permit and Weight Record Documents
623.409
Offense
623.410
Study
623.411
Rules
623.421
Permit for Vehicles Transporting Fluid Milk
623.422
Permit Sticker
623.423
County Designation
623.424
Permit Conditions
623.425
Certain County or Municipal Actions Prohibited
623.426
Exclusive Permit
623.427
Rules
623.0711
Permits Authorized by Board
623.0975
List of Permits Issued

Accessed:
Apr. 20, 2024

§ 623.323’s source at texas​.gov